Notice of Proposed Interagency Guidance on Reconsiderations of Value of Residential Real Estate Valuations

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FDIC Financial Institution Letters › Notice of Proposed Interagency Guidance on Reconsiderations of Value of Residential Real Estate Valuations

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Billing Codes: 4810-33-P; 6210-01-P; 6714-01-P; 7535-01-P; 4810-AM-P

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

[Docket ID OCC-2023-0007]

FEDERAL RESERVE SYSTEM

[Docket No. OP-1809]

FEDERAL DEPOSIT INSURANCE CORPORATION

RIN 3064-ZA36

NATIONAL CREDIT UNION ADMINISTRATION

[Docket ID NCUA-2023-0061]

CONSUMER FINANCIAL PROTECTION BUREAU

[Docket No. CFPB-2023-0033]

Interagency Guidance on Reconsiderations of Value of Residential Real Estate

Valuations

AGENCY: Board of Governors of the Federal Reserve System (Board); Consumer

Financial Protection Bureau (CFPB); Federal Deposit Insurance Corporation (FDIC);

National Credit Union Administration (NCUA); and Office of the Comptroller of the

Currency, Treasury (OCC).

ACTION: Proposed interagency guidance with request for comment.

SUMMARY: The Board, CFPB, FDIC, NCUA, and OCC (together, the agencies) are

issuing proposed guidance that would highlight risks associated with deficient residential

real estate valuations and describe how financial institutions may incorporate

reconsiderations of value (ROV) processes and controls into established risk management

functions. The proposed guidance would also highlight examples of policies and

procedures that a financial institution may choose to establish to help identify, address,

and mitigate the risk of discrimination impacting residential real estate valuations.

escribe how financial institutions may incorporate

reconsiderations of value (ROV) processes and controls into established risk management

functions. The proposed guidance would also highlight examples of policies and

procedures that a financial institution may choose to establish to help identify, address,

and mitigate the risk of discrimination impacting residential real estate valuations.

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DATES: Comments must be submitted on or before [INSERT DATE 60 DAYS

AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].

ADDRESSES: Interested parties are encouraged to submit written comments to any and

all agencies listed below. Comments submitted to the Federal eRulemaking Portal will

be shared with all agencies for consideration. Comments should be directed to:

OCC: Commenters are encouraged to submit comments through the Federal

eRulemaking Portal. Please use the title “Joint Guidance on Reconsiderations of Value

of Residential Real Estate Valuations” to facilitate the organization and distribution of the

comments. You may submit comments by any of the following methods:

 Federal eRulemaking Portal – Regulations.gov: go to https://regulations.gov/

Enter “Docket ID OCC-2023-0007” in the Search Box and click “Search.” Public

comments can be submitted via the “Comment” box below the displayed document

information or by clicking on the document title and then clicking the “Comment” box on

the top-left side of the screen. For help with submitting effective comments please click

on “Commenter’s Checklist.” For assistance with the Regulations.gov site, please call 1-

866-498-2945 (toll free) Monday-Friday, 9am-5pm ET, or e-mail

regulationshelpdesk@gsa.gov.

 Mail: Chief Counsel’s Office, Attention: Comment Processing, Office of the

Comptroller of the Currency, 400 7th Street, SW., suite 3E-218, Washington, DC 20219.

 Hand Delivery/Courier: 400 7th Street, SW., suite 3E-218, Washington, DC

20219

assistance with the Regulations.gov site, please call 1-

866-498-2945 (toll free) Monday-Friday, 9am-5pm ET, or e-mail

regulationshelpdesk@gsa.gov.

 Mail: Chief Counsel’s Office, Attention: Comment Processing, Office of the

Comptroller of the Currency, 400 7th Street, SW., suite 3E-218, Washington, DC 20219.

 Hand Delivery/Courier: 400 7th Street, SW., suite 3E-218, Washington, DC

20219.

Instructions: You must include “OCC” as the agency name and “Docket ID

OCC-2023-2007” in your comment. In general, the OCC will enter all comments

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received into the docket and publish the comments on the Regulations.gov website

without change, including any business or personal information provided such as name

and address information, e-mail addresses, or phone numbers. Comments received,

including attachments and other supporting materials, are part of the public record and

subject to public disclosure. Do not include any information in your comment or

supporting materials that you consider confidential or inappropriate for public disclosure.

You may review comments and other related materials that pertain to this action

by the following method:

 Viewing Comments Electronically – Regulations.gov: Go to

https://regulations.gov/. Enter “Docket ID OCC-2023-0007” in the Search Box and click

“Search.” Click on the “Documents” tab and then the document’s title. After clicking

the document’s title, click the “Browse Comments” tab. Comments can be viewed and

filtered by clicking on the “Sort By” drop-down on the right side of the screen or the

“Refine Results” options on the left side of the screen. Supporting materials can be

viewed by clicking on the “Documents” tab and filtered by clicking on the “Sort By”

drop-down on the right side of the screen or the “Refine Documents Results” options on

the left side of the screen. For assistance with the Regulations.gov site, please call 1-866-

498-2945 (toll free) Monday-Friday, 9am-5pm ET, or e-mail

regulationshelpdesk@gsa.gov

of the screen. Supporting materials can be

viewed by clicking on the “Documents” tab and filtered by clicking on the “Sort By”

drop-down on the right side of the screen or the “Refine Documents Results” options on

the left side of the screen. For assistance with the Regulations.gov site, please call 1-866-

498-2945 (toll free) Monday-Friday, 9am-5pm ET, or e-mail

regulationshelpdesk@gsa.gov.

The docket may be viewed after the close of the comment period in the same

manner as during the comment period.

Board: You may submit comments, identified by Docket No. OP-1809, by any

of the following methods:

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 Agency Web Site: http://www.federalreserve.gov. Follow the instructions for

submitting comments at http://www.federalreserve.gov/apps/foia/proposedregs.aspx.

 Email: regs.comments@federalreserve.gov. Include the docket number in the

subject line of the message.

 Fax: (202) 452-3819 or (202) 452-3102.

 Mail: Ann Misback, Secretary, Board of Governors of the Federal Reserve

System, 20th Street and Constitution Avenue NW, Washington, DC 20551.

In general, all public comments will be made available on the Board’s web site at

www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as submitted, and will not

be modified to remove confidential, contact or any identifiable information. Public

comments may also be viewed electronically or in paper in Room M-4365A, 2001 C St.

NW Washington, DC 20551, between 9:00 a.m. and 5:00 p.m. during federal business

weekdays. Please call (202) 452-3684 to make an appointment to visit the Board and

inspect comments.

FDIC: The FDIC encourages interested parties to submit written

comments. Please include your name, affiliation, address, email address, and telephone

number(s) in your comment. You may submit comments to FDIC, identified by RIN

3064-ZA36, by any of the following methods:

 FDIC Website: https://www.fdic.gov/resources/regulations/federal-register-

publications/

Board and

inspect comments.

FDIC: The FDIC encourages interested parties to submit written

comments. Please include your name, affiliation, address, email address, and telephone

number(s) in your comment. You may submit comments to FDIC, identified by RIN

3064-ZA36, by any of the following methods:

 FDIC Website: https://www.fdic.gov/resources/regulations/federal-register-

publications/. Follow the instructions for submitting comments on the FDIC’s website.

 Mail: James P. Sheesley, Assistant Executive Secretary, Attention:

Comments/Legal OES (RIN 3064-ZA36), Federal Deposit Insurance Corporation, 550

17th Street NW, Washington, DC 20429.

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 Hand Delivery/Courier: Comments may be hand delivered to the guard station

at the rear of the 550 17th Street NW building (located on F Street NW) on business days

between 7:00 a.m. and 5:00 p.m.

 Email: comments@fdic.gov. Comments submitted must include “RIN 3064-

ZA36” in the subject line of the message.

Public Inspection: Comments received, including any personal information

provided, may be posted without change to

https://www.fdic.gov/resources/regulations/federal-register-publications/. Commenters

should submit only information that the commenter wishes to make available publicly.

The FDIC may review, redact, or refrain from posting all or any portion of any comment

that it may deem to be inappropriate for publication, such as irrelevant or obscene

material. The FDIC may post only a single representative example of identical or

substantially identical comments, and in such cases will generally identify the number of

identical or substantially identical comments represented by the posted example. All

comments that have been redacted, as well as those that have not been posted, that

contain comments on the merits of this notice will be retained in the public comment file

and will be considered as required under all applicable laws. All comments may be

accessible under the Freedom of Information Act

er of

identical or substantially identical comments represented by the posted example. All

comments that have been redacted, as well as those that have not been posted, that

contain comments on the merits of this notice will be retained in the public comment file

and will be considered as required under all applicable laws. All comments may be

accessible under the Freedom of Information Act.

NCUA: You may submit written comments, identified by “Docket No. NCUA-

2023-0061” by any of the following methods (please send comments by one method only):

 Federal eRulemaking Portal: http://www.regulations.gov. Follow the

instructions for submitting comments for “Docket No. NCUA-2023-0061.”

 Email: PRAcomments@ncua.gov.

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 Mail: Address to Melane Conyers-Ausbrooks, Secretary of the Board, National

Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428.

You may view all public comments on the Federal eRulemaking Portal at

http://www.regulations.gov as submitted, except for those we cannot post for technical

reasons. The NCUA will not edit or remove any identifying or contact information from

the public comments submitted. If you are unable to access public comments on the

Internet, you may contact NCUA for alternative access by calling (703) 518-6540 or e-

mailing OGCMail@ncua.gov.

CFPB: You may submit comments, identified by Docket No. CFPB-2023-0033,

by any of the following methods:

 Federal eRulemaking Portal: https://www.regulations.gov. Follow the

instructions for submitting comments.

 Email: 2023-IAA-ResidentialROV@cfpb.gov.

 Mail/Hand Delivery/Courier: Comment Intake – Interagency ROV, Consumer

Financial Protection Bureau, c/o Legal Division Docket Manager, 1700 G Street NW,

Washington, DC 20552.

Instructions: The CFPB encourages the early submission of comments. All

submissions should include the agency name and docket number for this document

ubmitting comments.

 Email: 2023-IAA-ResidentialROV@cfpb.gov.

 Mail/Hand Delivery/Courier: Comment Intake – Interagency ROV, Consumer

Financial Protection Bureau, c/o Legal Division Docket Manager, 1700 G Street NW,

Washington, DC 20552.

Instructions: The CFPB encourages the early submission of comments. All

submissions should include the agency name and docket number for this document.

Because paper mail in the Washington, DC, area and at the CFPB is subject to delay,

commenters are encouraged to submit comments electronically. In general, the CFPB

will post all comments received without change to https://www.regulations.gov.

The CFPB will make all comments, including attachments and other supporting

materials, part of the public record and subject to public disclosure. You should not

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include proprietary information or sensitive personal information, such as account

numbers or Social Security numbers, or names of other individuals. The CFPB will not

edit comments to remove any identifying or contact information.

FOR FURTHER INFORMATION CONTACT:

OCC: Siddarth Rao, Fair Lending Compliance Policy Specialist, (732) 635-

2070; Joanne Phillips, Counsel, or Marta Stewart-Bates, Counsel, Chief Counsel’s

Office, (202) 649-5490; Office of the Comptroller of the Currency, 400 7th Street, SW,

Washington, DC 20219. If you are deaf, hard of hearing, or have a speech disability,

please dial 7–1–1 to access telecommunications relay services.

Board: Carmen Holly, Lead Financial Institutions Policy Analyst, Division of

Supervision and Regulation, (202) 973-6122; Keshia King, Lead Supervisory Policy

Analyst, Division of Consumer and Community Affairs, (202) 452-2496; Trevor Feigleson,

Senior Counsel, (202) 452-3274, or Derald Seid, Senior Counsel, (202) 452-2246, Legal

Division

ial 7–1–1 to access telecommunications relay services.

Board: Carmen Holly, Lead Financial Institutions Policy Analyst, Division of

Supervision and Regulation, (202) 973-6122; Keshia King, Lead Supervisory Policy

Analyst, Division of Consumer and Community Affairs, (202) 452-2496; Trevor Feigleson,

Senior Counsel, (202) 452-3274, or Derald Seid, Senior Counsel, (202) 452-2246, Legal

Division. For users of telephone systems via text telephone (TTY) or any TTY-based

Telecommunications Relay Services, please call 711 from any telephone, anywhere in the

United States; Board of Governors of the Federal Reserve System, 20th and C Streets, NW,

Washington, DC 20551.

FDIC: Patrick J. Mancoske, Senior Examination Specialist, Division of Risk

Management Supervision, (202) 898-7032; Stuart Hoff, Senior Policy Analyst, Division of

Depositor and Consumer Protection, (202)898-3852; Legal Division: Navid Choudhury,

Counsel, (202) 898-6526, nchoudhury@fdic.gov, or Mark Mellon, Counsel, (202) 898-

3884, mmellon@fdic.gov. Federal Deposit Insurance Corporation, 550 17th Street NW,

Washington, DC 20429.

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NCUA: Naghi Khaled, Director of Credit Markets, or Walonda Hollins, Senior

Credit Specialist, Office of Examination and Insurance, (703) 216-5136; Ernestine Ward,

Director, Division of Consumer Compliance Policy & Outreach, Office of Consumer

Financial Protection (703) 518-6524; National Credit Union Administration, 1775 Duke

Street, Alexandria, VA 22314.

CFPB: Makalia Griffith, Counsel; Woody Anglade, Senior Counsel; Tim

Lambert, Fair Lending Programs Lead and Senior Counsel, Office of Fair Lending and

Equal Opportunity, at 202-435-7000. If you require this document in an alternative

electronic format, please contact CFPB_Accessibility@cfpb.gov.

SUPPLEMENTARY INFORMATION:

I.

Introduction

The Board, the CFPB, the FDIC, the NCUA, and the OCC are proposing

interagency guidance (proposed guidance) on ROVs of residential real estate valuations

ad and Senior Counsel, Office of Fair Lending and

Equal Opportunity, at 202-435-7000. If you require this document in an alternative

electronic format, please contact CFPB_Accessibility@cfpb.gov.

SUPPLEMENTARY INFORMATION:

I.

Introduction

The Board, the CFPB, the FDIC, the NCUA, and the OCC are proposing

interagency guidance (proposed guidance) on ROVs of residential real estate valuations.

Collateral valuations, including appraisals,1 are important to the integrity of the

residential real estate lending process. Deficient collateral valuations can contain

inaccuracies due to errors, omissions, or discrimination that affect the value conclusion

and can result in either overvaluing or undervaluing real estate collateral. The Board,

FDIC, NCUA, and the OCC have previously issued guidance that describes actions a

financial institution may take to correct deficiencies identified in collateral valuations.2

These actions include ordering a second appraisal or evaluation or resolving the

1 Appraisal means “a written statement independently and impartially prepared by a qualified appraiser

setting forth an opinion as to the market value of an adequately described property as of a specific date(s),

supported by the presentation and analysis of relevant market information.” 12 CFR 34.42(a) (OCC); 12

CFR 323.2(a) (FDIC); 12 CFR 225.62(a) (Board); 12 CFR 722.2 (NCUA).

2 See Interagency Appraisal and Evaluation Guidelines, 75 FR 77450 (Dec. 10, 2010).

pared by a qualified appraiser

setting forth an opinion as to the market value of an adequately described property as of a specific date(s),

supported by the presentation and analysis of relevant market information.” 12 CFR 34.42(a) (OCC); 12

CFR 323.2(a) (FDIC); 12 CFR 225.62(a) (Board); 12 CFR 722.2 (NCUA).

2 See Interagency Appraisal and Evaluation Guidelines, 75 FR 77450 (Dec. 10, 2010).

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deficiency through the original appraiser or preparer of the evaluation.3

The agencies, collectively, do not have existing guidance specific to ROV

processes. For purposes of the proposed guidance, an ROV is a request from the

financial institution to the appraiser or other preparer of the valuation report to re-assess

the report based upon potential deficiencies or other information that may affect the value

conclusion.4 The agencies have received questions and comments from financial

institutions and other industry stakeholders on ROVs, highlighting the uncertainty in the

industry on how ROVs intersect with appraisal independence requirements and

compliance with Federal consumer protection laws, including those related to

nondiscrimination.

II.

Description of Proposed Joint ROV Guidance

The proposed guidance describes how financial institutions may create or enhance

ROV processes that are consistent with safety and soundness standards, comply with

applicable laws and regulations, preserve appraiser independence, and remain responsive

to consumers. The proposed guidance (1) describes the risks of deficient collateral

valuations, (2) outlines applicable statutes, regulations, and existing guidance that govern

ROVs and collateral valuations, (3) explains how ROV processes and controls can be

incorporated into existing risk management functions such as appraisal review and

complaint management, and (4) provides examples of ROV policies, procedures, and

controls that financial institutions may choose to adopt.

III

tions, (2) outlines applicable statutes, regulations, and existing guidance that govern

ROVs and collateral valuations, (3) explains how ROV processes and controls can be

incorporated into existing risk management functions such as appraisal review and

complaint management, and (4) provides examples of ROV policies, procedures, and

controls that financial institutions may choose to adopt.

III.

Request for Comment

3 The NCUA uses the term “written estimate of market value” in place of the term “evaluation.” See 12

CFR 722.3.

4 ROVs may arise from a consumer requesting a financial institution to reexamine a valuation.

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The agencies seek comment, from all interested parties, on all aspects of the proposed

guidance, and in particular request comment on the following:

1) To what extent does the proposed guidance describe suitable considerations for a

financial institution to take into account in assessing and potentially modifying its

current policies and procedures for addressing ROVs?

a) What, if any, additional examples of policies and procedures related to ROVs

should be included in the guidance?

b) Which, if any, of the policies and procedures described in the proposed

guidance could present challenges?

2) What model forms, or model policies and procedures, if any, related to ROVs would

be helpful for the agencies to recommend?

3) What other guidance may be helpful to financial institutions regarding the

development of ROV processes?

4) To what extent, if any, does the proposed ROV guidance conflict, duplicate, or

complement the existing Interagency Appraisal and Evaluation Guidelines or a

financial institution’s policies and procedures to implement those Guidelines?

IV.

Paperwork Reduction Act Analysis

In accordance with the Paperwork Reduction Act (PRA) of 19955, the OCC,

Board, FDIC, and NCUA reviewed the proposed guidance

what extent, if any, does the proposed ROV guidance conflict, duplicate, or

complement the existing Interagency Appraisal and Evaluation Guidelines or a

financial institution’s policies and procedures to implement those Guidelines?

IV.

Paperwork Reduction Act Analysis

In accordance with the Paperwork Reduction Act (PRA) of 19955, the OCC,

Board, FDIC, and NCUA reviewed the proposed guidance. The agencies may not

conduct or sponsor, and an organization is not required to respond to, an information

collection unless the information collection displays a currently valid OMB control

number. The agencies have determined that certain aspects of the proposed guidance

5 44 U.S.C. 3506.

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constitute a collection of information and are revising their information collections

related to real estate appraisals and evaluations. The OMB control number for each

agency is: OCC, 1557-0190; Board, 7100-0250; FDIC, 3064-0103; and NCUA, 3133-

0125. These information collections will be extended for three years, with revision. In

addition to accounting for the PRA burden incurred as a result of this proposed guidance,

the OCC, Board, FDIC, and NCUA are also updating and aligning their information

collections with respect to the hourly burden associated with the Interagency Appraisal

and Evaluation Guidelines.

Abstract: The proposed guidance encourages financial institutions to implement ROV

policies, procedures, and control systems to allow consumers to provide the financial

institution with relevant information that may not have been considered during an appraisal

or evaluation. Such policies and procedures create a recordkeeping requirement.

Frequency of Response: Annual

Evaluation Guidelines.

Abstract: The proposed guidance encourages financial institutions to implement ROV

policies, procedures, and control systems to allow consumers to provide the financial

institution with relevant information that may not have been considered during an appraisal

or evaluation. Such policies and procedures create a recordkeeping requirement.

Frequency of Response: Annual.

Affected Public: Businesses, other for-profit institutions, and other not-for-profit

institutions

Respondents:

OCC: National banks, Federal savings associations

Board: State member banks (SMBs), bank holding companies (BHCs) and

nonbank subsidiaries of BHCs

FDIC: Insured state nonmember banks and state savings associations, insured

state branches of foreign banks

NCUA: Private Sector: Not-for-profit institutions

Burden:

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OCC:

Table 1. Summary of Estimated Annual Burden (OMB No. 1557-0190)

Requirement

Citations

Number of

Respondents

Burden

Hours

Per

Respondent

Total

Number

Of Hours

Annually

Recordkeeping:

Resolution stating plans for

use of property

§ 7.1024(d)

6

5

30

Recordkeeping:

ARM loan documentation

must specify indices to which

changes in the interest rate

will be linked

§ 34.22(a)

§ 160.35(b)

164

6

984

Recordkeeping:

Appraisals must be written

and contain sufficient

information and analysis to

support engaging in the

transaction

§ 34.44

976

1,465 responses

per

respondent @ 5

minutes per

response

119,072

Recordkeeping:

Written policies (reviewed

annually) for extensions of

credit secured by or used to

improve real estate

§ 34.62;

appendix A

to subpart D

to part 34; §

160.101;

appendix A

to

§ 160.101

1,413

30

42,390

Recordkeeping:

Real estate evaluation policy

to monitor OREO

§ 34.85

9

5

45

Recordkeeping:

New IC 1 – ROV Guidance –

Policies and Procedures

(Implementation: Applies to

first year only)

N/A

930

40

37,200

Recordkeeping:

New IC 2 – ROV Guidance –

Policies and Procedures

(Ongoing)

N/A

930

A

to subpart D

to part 34; §

160.101;

appendix A

to

§ 160.101

1,413

30

42,390

Recordkeeping:

Real estate evaluation policy

to monitor OREO

§ 34.85

9

5

45

Recordkeeping:

New IC 1 – ROV Guidance –

Policies and Procedures

(Implementation: Applies to

first year only)

N/A

930

40

37,200

Recordkeeping:

New IC 2 – ROV Guidance –

Policies and Procedures

(Ongoing)

N/A

930

2

1,860

Recordkeeping:

New IC 3 – Interagency

Appraisal and Evaluation

Guidelines – Policies and

Procedures

N/A

976

10

9,760

Reporting:

Procedure to be followed

when seeking to use an

alternative index

§ 34.22(b);

§ 160.35(d)

(3)

249

6

1,494

Reporting:

Prior notification of making

advances under development

or improvement plan for

§ 34.86

6

5

30

13

OREO

Disclosure:

Default notice to debtor at

least 30 days before

repossession, foreclosure, or

acceleration of payments

§ 190.4(h)

42

2

84

Disclosure:

New IC 4 – Interagency

Appraisal and Evaluation

Guidelines

N/A

976

5

4,880

Total Annual Burden Hours

217,829

Board:

Table 2. Summary of Estimated Annual Burden (OMB No. 7100-0250)

FR Y-30

Estimated

number of

respondents

Estimated

annual

frequency

Estimated

average hours

per response

Estimated

annual burden

hours

Recordkeeping

Sections 225.61 - 225.67

for SMBs

701

519

5 minutes

30,318

Sections 225.61 - 225.67

for BHCs and nonbank

subsidiaries of BHCs

4,714

25

5 minutes

9,821

Guidelines

5,415

1

10

54,150

Policies and Procedures

ROV guidance (Initial

setup)

5,799

1

13.3

77,127

Policies and Procedures

ROV guidance (Ongoing)

5,799

1

2

11,598

Disclosure

Guidelines

5,415

1

5

27,075

Total

210,089

FDIC:

Table 3. Summary of Estimated Annual Burden (OMB No

.67

for BHCs and nonbank

subsidiaries of BHCs

4,714

25

5 minutes

9,821

Guidelines

5,415

1

10

54,150

Policies and Procedures

ROV guidance (Initial

setup)

5,799

1

13.3

77,127

Policies and Procedures

ROV guidance (Ongoing)

5,799

1

2

11,598

Disclosure

Guidelines

5,415

1

5

27,075

Total

210,089

FDIC:

Table 3. Summary of Estimated Annual Burden (OMB No. 3064-0103)

Information

Collection

(Obligation to

Respond)

Type of

Burden

(Frequency of

Response)

Average

Annual

Number of

Respondents

Number of

Responses

per

Respondent

Time per

Response

(Hours/Minutes)

Annual

Burden

(Hours)

Recordkeeping

Requirements

Associated with

Real Estate

Appraisals and

Evaluations

(Mandatory)

Recordkeeping

(On Occasion)

3,038

250

5 minutes (0.083)

63,039

14

New IC 1 –

ROV Guidance

– Policies and

Procedures -

Implementation

(Voluntary)

Recordkeeping

(Annual)

2,976

1

5 hours (15 hours

divided by 3

years)

14,880

New IC 2 –

ROV Guidance

– Policies and

Procedures –

Ongoing

(Voluntary)

Recordkeeping

(Annual)

2,976

1

1 hours

2,976

New IC 3 –

2010 Guidelines

– Policies and

Procedures –

Ongoing

(Voluntary)

Recordkeeping

(Annual)

3,038

1

10 hours

30,380

New IC 4 –

2010 Guidelines

- Disclosure –

Ongoing

(Voluntary)

Disclosure

(Annual)

3,038

1

5 hours

15,190

Total Annual Burden (Hours):

126,465

NCUA:

Table 4. Summary of Estimated Annual Burden (OMB No. 3133-0125)

Information

Collection

Type of

Burden

Average

Annual

Number of

Responden

ts

Number of

Responses

per

Responden

t

Time per

Response

(Hours)

Annual Burden

(Hours)

Recordkeeping

Requirements

Associated with

Real Estate

Appraisals and

Evaluations

Recordkeeping

(On Occasion)

3,648

618

0.0825

185,993

New IC 1 – ROV

Guidance –

Policies and

Procedures –

Implementation

Recordkeeping

(Annual)

3,237

1

5

16,185

erage

Annual

Number of

Responden

ts

Number of

Responses

per

Responden

t

Time per

Response

(Hours)

Annual Burden

(Hours)

Recordkeeping

Requirements

Associated with

Real Estate

Appraisals and

Evaluations

Recordkeeping

(On Occasion)

3,648

618

0.0825

185,993

New IC 1 – ROV

Guidance –

Policies and

Procedures –

Implementation

Recordkeeping

(Annual)

3,237

1

5

16,185

15

New IC 2 – ROV

Guidance –

Policies and

Procedures –

Ongoing

Recordkeeping

(Annual)

3,237

1

1

3,237

New IC 3 – 2010

Guidelines –

Policies and

Procedures –

Ongoing

Recordkeeping

(Annual)

3,648

1

10

36,480

New IC 4 – 2010

Guidelines -

Disclosure –

Ongoing

Disclosure

(Annual)

3,648

1

5

18,240

Total Annual Burden Hours

260,135

Comments are invited on:

(a) Whether the collections of information are necessary for the proper

performance of the agencies’ functions, including whether the information has practical

utility;

(b) The accuracy of the estimate of the burden of the information collections,

including the validity of the methodology and assumptions used;

(c) Ways to enhance the quality, utility, and clarity of the information to be collected;

(d) Ways to minimize the burden of the information collections on respondents,

including through the use of automated collection techniques or other forms of

information technology; and

(e) Estimates of capital or start-up costs and costs of operation, maintenance, and

purchase of services to provide information.

All comments will become a matter of public record. Comments on the

collections of information should be sent to the address listed for each agency in the

ADDRESSES section of this document. A copy of the comments may also be submitted

formation technology; and

(e) Estimates of capital or start-up costs and costs of operation, maintenance, and

purchase of services to provide information.

All comments will become a matter of public record. Comments on the

collections of information should be sent to the address listed for each agency in the

ADDRESSES section of this document. A copy of the comments may also be submitted

16

to OMB: by mail, to U.S. Office of Management and Budget, 725 17th Street NW,

#10235, Washington, DC 20503; by facsimile, to 202-395-6974; or by email, to

oira_submission@omb.eop.gov, Attention: Federal Banking Agency Desk Officer.

V.

Text of Proposed Interagency ROV Guidance

Background

Credible collateral valuations, including appraisals, are essential to the integrity of

the residential real estate lending process. Deficiencies identified in valuations, either

through an institution’s valuation review processes or through consumer provided

information may be a basis for financial institutions to question the credibility of the

appraisal or valuation report. Collateral valuations may be deficient due to prohibited

discrimination;6 errors or omissions; or valuation methods, assumptions, data sources, or

conclusions that are otherwise unreasonable, unsupported, unrealistic, or inappropriate.

Deficient collateral valuations can keep individuals, families, and neighborhoods from

building wealth through homeownership by potentially preventing homeowners from

accessing accumulated equity, preventing prospective buyers from purchasing homes,

making it harder for homeowners to sell or refinance their homes, and increasing the risk

of default. Valuations that are not credible may pose risks to the financial condition and

operations of a financial institution. Such risks may include loan losses, violations of

law, fines, civil money penalties, payment of damages, and civil litigation

enting prospective buyers from purchasing homes,

making it harder for homeowners to sell or refinance their homes, and increasing the risk

of default. Valuations that are not credible may pose risks to the financial condition and

operations of a financial institution. Such risks may include loan losses, violations of

law, fines, civil money penalties, payment of damages, and civil litigation.

Applicable Statutes, Regulations, and Guidance

6 For the purposes of this guidance, “discrimination” is prohibited discrimination based on protected

characteristics in the residential property valuation process. For these purposes, “valuation” includes

appraisals, evaluations, and other means to determine the value of residential property.

17

The Equal Credit Opportunity Act (ECOA), and its implementing regulation,

Regulation B, prohibit discrimination in any aspect of a credit transaction.7 The Fair

Housing Act (FH Act) and its implementing regulation prohibit discrimination in all

aspects of residential real estate-related transactions.8 ECOA and the FH Act prohibit

discrimination on the basis of race and certain other characteristics in all aspects of

residential real estate-related transactions, including in residential real estate valuations.

In addition, section 5 of the Federal Trade Commission Act prohibits unfair or deceptive

acts or practices9 and the Consumer Financial Protection Act prohibits any covered

person or service provider of a covered person from engaging in any unfair, deceptive, or

abusive act or practice.10

The Truth in Lending Act (TILA) and its implementing regulation, Regulation Z,

establish certain federal appraisal independence requirements.11 Specifically, TILA and

Regulation Z prohibit compensation, coercion, extortion, bribery, or other efforts that

may impede upon the appraiser’s independent valuation in connection with any covered

transaction.12 However, Regulation Z also explicitly clarifies th

n Lending Act (TILA) and its implementing regulation, Regulation Z,

establish certain federal appraisal independence requirements.11 Specifically, TILA and

Regulation Z prohibit compensation, coercion, extortion, bribery, or other efforts that

may impede upon the appraiser’s independent valuation in connection with any covered

transaction.12 However, Regulation Z also explicitly clarifies that it is permissible for

covered persons13 to, among other things, request the preparer of the valuation to

7 See 15 U.S.C. 1691 et seq. and 12 CFR part 1002. Regulation B requires creditors to (1) provide an

applicant a copy of all appraisals and other written evaluations developed in connection with an application

for credit that is to be secured by a first lien on a dwelling; and (2) provide a copy of each such appraisal or

other written valuation promptly upon completion, or three business days prior to consummation of the

transaction (for closed-end credit) or account opening (for open-end credit), whichever is earlier. See 12

CFR 1002.14(a)(1).

8 See 42 U.S.C. 3601 et seq. and 24 CFR part 100.

9 See 15 U.S.C. 45(a)(1).

10 See 12 U.S.C. 5531, 5536.

11 See 15 U.S.C. 1601 et seq. and 12 CFR part 1026.

12 See 12 CFR 1026.42(c)(1).

13 “Covered persons” include creditors, mortgage brokers, appraisers, appraisal management companies,

real estate agents, and other persons that provide “settlement services” as defined in section 3(3) of the Real

Estate Settlement Procedures Act (12 USC 2602(3)) and the implementing regulation. See 12 CFR

1026.42(b)(1).

U.S.C. 1601 et seq. and 12 CFR part 1026.

12 See 12 CFR 1026.42(c)(1).

13 “Covered persons” include creditors, mortgage brokers, appraisers, appraisal management companies,

real estate agents, and other persons that provide “settlement services” as defined in section 3(3) of the Real

Estate Settlement Procedures Act (12 USC 2602(3)) and the implementing regulation. See 12 CFR

1026.42(b)(1).

18

consider additional, appropriate property information, including information about

comparable properties, or to correct errors in the valuation.14

The Board’s, FDIC’s, NCUA’s, and OCC’s appraisal regulations15 implementing

Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 198916

require all appraisals conducted in connection with federally related transactions to

conform with the Uniform Standards of Professional Appraisal Practice (USPAP), which

requires compliance with all applicable laws and regulations including nondiscrimination

requirements.

The Board’s, FDIC’s, NCUA’s, and OCC’s appraisal regulations also require

appraisals to be subject to appropriate review for compliance with USPAP.17 Financial

institutions generally conduct an independent review prior to providing the consumer a

copy of the appraisal or evaluation; however, additional review may be warranted if the

consumer provides information that could affect the value conclusion or if deficiencies

are identified in the original appraisal. An appraisal does not comply with USPAP if it

relies on a prohibited basis set forth in either the ECOA or the FH Act or contains

material errors including errors18 of omission or commission. If a financial institution

determines through the appraisal review process, or after consideration of information

later provided by the consumer, that the appraisal does not meet the minimum standards

14 See 12 CFR 1026.42(c)(3)(iii)

ither the ECOA or the FH Act or contains

material errors including errors18 of omission or commission. If a financial institution

determines through the appraisal review process, or after consideration of information

later provided by the consumer, that the appraisal does not meet the minimum standards

14 See 12 CFR 1026.42(c)(3)(iii).

15 See 12 CFR part 34, subpart C (OCC); 12 CFR part 208, subpart E and 12 CFR part 225, subpart G

(FRB); 12 CFR part 323 (FDIC); 12 CFR part 722 and 12 CFR part 701.31 (NCUA).

16 P. L. 101–73, title XI, 103 Stat. 511 (1989), codified at 12 U.S.C. 3331 et seq.

17 See 12 CFR 34.44(a) (OCC); 12 CFR 225.64(c) (Board); 12 CFR 722.4(c) (NCUA); and 12 CFR

323.4(c) (FDIC).

18 An error of omission is neglecting to do something that is necessary, e.g., failing to identify the subject

property’s relevant characteristics. An error of commission is doing something incorrectly, e.g., incorrectly

identifying the subject property’s relevant characteristics.

19

outlined in the agencies’ appraisal regulations and if the deficiencies remain uncorrected,

the appraisal cannot be used as part of the credit decision.19

The Board, FDIC, NCUA, and OCC have issued interagency guidance describing

actions that financial institutions may take to resolve valuation deficiencies.20 These

actions include resolving the deficiencies with the appraiser or preparer of the valuation

report; requesting a review of the valuation by an independent, qualified, and competent

state certified or licensed appraiser; or obtaining a second appraisal or evaluation.

Deficiencies may be identified through the financial institution’s valuation review or

through consumer provided information

ese

actions include resolving the deficiencies with the appraiser or preparer of the valuation

report; requesting a review of the valuation by an independent, qualified, and competent

state certified or licensed appraiser; or obtaining a second appraisal or evaluation.

Deficiencies may be identified through the financial institution’s valuation review or

through consumer provided information. The regulatory framework permits financial

institutions to implement ROV policies, procedures, and control systems that allow

consumers to provide, and the financial institution to review, relevant information that

may not have been considered during the appraisal or evaluation process.

Use of Third Parties

A financial institution’s use of third parties in the valuation review process does

not diminish its responsibility to comply with applicable laws and regulations.21

Moreover, whether valuation review activities and resolving deficiencies are performed

19 See 12 CFR 34.44 (OCC); 12 CFR 225.64 (Board); 12 CFR 323.4 (FDIC); and 12 CFR 722.4 (NCUA).

In addition, under TILA, if at any point during the lending process the financial institution reasonably

believes, through appraisal review or consumer-provided information, that an appraiser has not complied

with USPAP or ethical or professional requirements for appraisers under applicable State or Federal

statutes or regulations, the financial institution is required to refer the matter to the appropriate State

appraisal regulatory agency if the failure to comply is material. See 12 CFR 1026.42(g).

20 See Interagency Appraisal and Evaluation Guidelines, 75 FR 77450 (Dec. 10, 2010).

21 See OCC Bulletin 2013-29, “Third-Party Relationships: Risk Management Guidance;” CFPB

Compliance Bulletin and Policy Guidance; 2016-02, Service Providers (Oct

on is required to refer the matter to the appropriate State

appraisal regulatory agency if the failure to comply is material. See 12 CFR 1026.42(g).

20 See Interagency Appraisal and Evaluation Guidelines, 75 FR 77450 (Dec. 10, 2010).

21 See OCC Bulletin 2013-29, “Third-Party Relationships: Risk Management Guidance;” CFPB

Compliance Bulletin and Policy Guidance; 2016-02, Service Providers (Oct. 2016); FDIC FIL-44-2008,

“Guidance for Managing Third-Party Risk” (June 6, 2008); SR Letter 13-19 / CA Letter 13-21, “Guidance

on Managing Outsourcing Risk” (December 5, 2013, updated February 26, 2021). The NCUA does not

currently have supervisory or enforcement authority over third-party credit union vendors and service

providers. The NCUA issued LTR 07-CU-13 “Evaluating Third Party Relationships.” to communicate

guidance to examiners on a standard framework for reviewing third party relationships.

20

internally or via a third party, financial institutions supervised by the Board, FDIC,

NCUA, and the OCC are required to operate in a safe and sound manner and in

compliance with applicable laws and regulations, including those designed to protect

consumers.22 In addition, the CFPB expects financial institutions to oversee their

business relationships with service providers in a manner that ensures compliance with

Federal consumer protection laws, which are designed to protect the interests of

consumers and avoid consumer harm.23 A financial institution’s risk management

practices include managing the risks arising from its third-party valuations and valuation

review functions.

Reconsiderations of Value

An ROV request made by the financial institution to the appraiser or other

preparer of the valuation report encompasses a request to reassess the report based upon

deficiencies or information that may affect the value conclusion

institution’s risk management

practices include managing the risks arising from its third-party valuations and valuation

review functions.

Reconsiderations of Value

An ROV request made by the financial institution to the appraiser or other

preparer of the valuation report encompasses a request to reassess the report based upon

deficiencies or information that may affect the value conclusion. A financial institution

may initiate a request for an ROV because of the financial institution’s valuation review

activities or after consideration of information received from a consumer through a

complaint, or request to the loan officer or other lender representative.24

22 See Section 39 of the Federal Deposit Insurance Act (12 U.S.C. 1831p-1) (which requires each

appropriate Federal banking agency to prescribe safety and soundness standards for insured depository

institutions). The Federal banking agencies implemented section 1831p-1 by rule through the “Interagency

Guidelines Establishing Standards for Safety and Soundness.” See 12 CFR part 30, appendix A (OCC); 12

CFR part 208, appendix D-1 (Board); and 12 CFR part 364, appendix A (FDIC). See also 12 U.S.C. 1786

(b); 12 U.S.C. 1789; and 12 CFR 741.3 (NCUA).

23 CFPB Compliance Bulletin and Policy Guidance; 2016-02, Service Providers (Oct. 2016).

24 See Interagency Appraisal and Evaluation Guidelines, 75 FR 77450, 77463 (Dec. 10, 2010). “An

institution should establish policies and procedures for resolving any inaccuracies or weaknesses in an

appraisal or evaluation identified through the review process, including procedures for: Communicating

the noted deficiencies to and requesting correction of such deficiencies by the appraiser or person who

prepared the evaluation. An institution should implement adequate internal controls to ensure that such

communications do not result in any coercion or undue influence on the appraiser or person who performed

the evaluation

hrough the review process, including procedures for: Communicating

the noted deficiencies to and requesting correction of such deficiencies by the appraiser or person who

prepared the evaluation. An institution should implement adequate internal controls to ensure that such

communications do not result in any coercion or undue influence on the appraiser or person who performed

the evaluation. Addressing significant deficiencies in the appraisal that could not be resolved with the

original appraiser by obtaining a second appraisal or relying on a review that complies with Standards Rule

21

A consumer inquiry or complaint regarding a valuation would generally occur

after the financial institution has conducted its initial appraisal or evaluation review and

resolved any issues identified. Given this timing, a consumer may provide specific and

verifiable information that may not have been available or considered when the initial

valuation and review were performed. Regardless of how the request for an ROV is

initiated, a request could be resolved through a financial institution’s independent

valuation review or other processes to ensure credible appraisals and evaluations.

An ROV request may include consideration of comparable properties not

previously identified, property characteristics, or other information about the property

that may have been incorrectly reported or not previously considered, which may affect

the value conclusion. To resolve deficiencies, including those related to potential

discrimination, financial institutions can communicate relevant information to the

original preparer of the valuation and, when appropriate, request an ROV.

Complaint Resolution Process

Financial institutions can capture consumer feedback regarding potential

valuation deficiencies through existing complaint resolution processes

n. To resolve deficiencies, including those related to potential

discrimination, financial institutions can communicate relevant information to the

original preparer of the valuation and, when appropriate, request an ROV.

Complaint Resolution Process

Financial institutions can capture consumer feedback regarding potential

valuation deficiencies through existing complaint resolution processes. The complaint

resolution process may capture complaints and inquiries about the financial institution’s

products and services offered across all lines of business, including those offered by third

parties, as well as complaints from various channels (such as letters, phone calls, in

person, transmittal from regulators, third-party valuation service providers, emails, and

social media). Depending on the nature and volume, appraisal and other valuation-based

3 of USPAP and is performed by an appropriately qualified and competent State certified or licensed

appraiser prior to the final credit decision. Replacing evaluations prior to the credit decision that do not

provide credible results or lack sufficient information to support the final credit decision.”

22

complaints and inquiries can be an important indicator of potential risks and risk

management weaknesses. Appropriate policies, procedures, and control systems can

adequately address the monitoring, escalating, and resolving of complaints including a

determination of the merits of the complaint and whether a financial institution should

initiate an ROV

the final credit decision.”

22

complaints and inquiries can be an important indicator of potential risks and risk

management weaknesses. Appropriate policies, procedures, and control systems can

adequately address the monitoring, escalating, and resolving of complaints including a

determination of the merits of the complaint and whether a financial institution should

initiate an ROV.

Examples of Policies, Procedures, and Control Systems

Financial institutions may consider developing risk-based ROV-related policies,

procedures, control systems, and complaint processes that identify, address, and mitigate

the risk of deficient valuations, including valuations that involve prohibited

discrimination, and that:

 Consider ROVs as a possible resolution for consumer complaints related to

residential property valuations.

 Consider whether any information or other process requirements related to a

consumer’s request for a financial institution to initiate an ROV create

unreasonable barriers or discourage consumers from requesting an ROV.

 Establish a process that provides for the identification, management, analysis,

escalation, and resolution of valuation related complaints across all relevant lines

of business, from various channels and sources (such as letters, phone calls, in

person, regulators, third-party service providers, emails, and social media).

 Establish a process to inform consumers how to raise concerns about the valuation

sufficiently early enough in the underwriting process for any errors or issues to be

resolved before a final credit decision is made. This may include suggesting to

consumers the type of information they may provide when communicating with

regulators, third-party service providers, emails, and social media).

 Establish a process to inform consumers how to raise concerns about the valuation

sufficiently early enough in the underwriting process for any errors or issues to be

resolved before a final credit decision is made. This may include suggesting to

consumers the type of information they may provide when communicating with

23

the financial institution about potential valuation deficiencies.

 Identify stakeholders and clearly outline each business unit’s roles and

responsibilities for processing an ROV request (e.g., loan origination, processing,

underwriting, collateral valuation, compliance, customer experience or complaints).

 Establish risk-based ROV systems that route the request to the appropriate

business unit (e.g., ROV requests that allege discrimination could be routed to the

appropriate compliance, legal, and appraisal review staff that have the requisite

skills and authority to research and resolve the request).

 Establish standardized processes to increase the consistency of consideration of

requests for ROVs:

o Use clear, plain language in notices to consumers of how they may request

the ROV;

o Use clear, plain language in ROV policies that provide a consistent

process for the consumer, appraiser, and internal stakeholders;

o Establish guidelines for the information the financial institution may need

to initiate the ROV process;

o Establish timelines in the complaint or ROV process for when milestones

need to be achieved;

o Establish guidelines for when a second appraisal could be ordered and

who assumes the cost; and

o Establish protocols for communicating the status of the complaint or ROV

and results to consumers.

 Ensure relevant lending and valuation related staff, inclusive of third parties (e.g.,

process;

o Establish timelines in the complaint or ROV process for when milestones

need to be achieved;

o Establish guidelines for when a second appraisal could be ordered and

who assumes the cost; and

o Establish protocols for communicating the status of the complaint or ROV

and results to consumers.

 Ensure relevant lending and valuation related staff, inclusive of third parties (e.g.,

24

appraisal management companies, fee-appraisers, mortgage brokers, and

mortgage servicers) are trained to identify deficiencies (inclusive of prohibited

discriminatory practices) through the valuation review process.

VI.

CFPB Signing Authority

The Director of the Consumer Financial Protection Bureau, Rohit Chopra, having

reviewed and approved this document, is delegating the authority to electronically sign

this document to Laura Galban, CFPB Federal Register Liaison, for purposes of

publication in the Federal Register.

Michael J. Hsu,

Acting Comptroller of the Currency.

By order of the Board of Governors of the Federal Reserve System.

Ann E. Misback,

Secretary of the Board.

Federal Deposit Insurance Corporation.

Dated at Washington, DC, on June 1, 2023.

James P. Sheesley,

Assistant Executive Secretary.

Melane Conyers-Ausbrooks,

Secretary of the Board, National Credit Union Administration.

Laura Galban,

Federal Register Liaison, Consumer Financial Protection Bureau.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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