The Dodd-Frank Act, a response to the 2008 financial crisis, overhauled the regulation of U.S. real estate appraisers and appraisals, including ASC's responsibilities.
The Dodd–Frank Wall Street Reform and Consumer Protection Act (Pub.L. 111-203, H.R. 4173) was signed into law by President Barack Obama on July 21, 2010.
The Dodd–Frank Act was declared by Congress “[t]o promote the financial stability of the United States by improving accountability and transparency in the financial system, to end “too big to fail,” to protect the
American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes.”
The Dodd-Frank Act created sweeping changes for the regulation of real estate appraisers and appraisals in the United States. Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Title XI) was amended in significant ways and it will take several years for some provisions of the new law to become operative at the State and Federal levels.
The ASC shall —
- monitor the requirements established by States —
- for the certification and licensing of individuals who are qualified to perform appraisals in connection with federally related transactions, including a code of professional responsibility; and
- for the registration and supervision of the operations and activities of an appraisal management company;1
- monitor the requirements established by the Federal financial institution's regulatory agencies [and the Resolution Trust Corporation]2 with respect to —
- appraisal standards for federally related transactions under their jurisdiction, and
- determinations as to which federally related transactions under their jurisdiction require the services of a State certified appraiser and which require the services of a State licensed appraiser;
- maintain a National Registry of State certified and licensed appraisers who are eligible to perform appraisals in federally related transactions;
- transmit an annual report to Congress not later than June 15 of each year that describes the manner in which each function assigned to the Appraisal Subcommittee has been carried out during the preceding year. The report shall also detail the activities of the Appraisal Subcommittee, including the results of all audits of State appraiser regulatory agencies, and provide an accounting of disapproved actions and warnings taken in the previous year, including a description of the conditions causing the disapproval and actions taken to achieve compliance;
- maintain a National Registry of appraisal management companies that either are registered with and subject to the supervision of a State appraiser certifying and licensing agency or are operating subsidiaries of a Federally regulated financial institution; and
- monitor and review the practices, procedures, activities and organizational structure of the Appraisal Foundation.
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