Pub. L. 101-73, tit. XI, sec. 1127 (as amended)
EXEMPTION FROM APPRAISALS OF REAL ESTATE LOCATED IN RURAL AREAS.
SEC. 1127. [12 U.S.C. 3356] EXEMPTION FROM APPRAISALS OF REAL ESTATE LOCATED IN RURAL AREAS.
(a) Definitions.—In this section—
(1) the term “mortgage originator” has the meaning given the term in section 103 of the Truth in Lending Act (15 U.S.C. 1602); and
(2) the term “transaction value” means the amount of a loan or extension of credit, including a loan or extension of credit that is
part of a pool of loans or extensions of credit.
(b) Appraisal Not Required.—Except as provided in subsection (d), notwithstanding any other provision of law, an appraisal in
connection with a federally related transaction involving real property or
an interest in real property is not required if—
(1) the real property or interest in real property is located in a rural area, as described in section
1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations;
(2) not later than 3 days after the date on which the Closing Disclosure Form, made in accordance
with the final rule of the Bureau of Consumer Financial Protection
entitled “Integrated Mortgage Disclosures Under the Real Estate Settlement Procedures Act (Regulation X) and
the Truth in Lending Act (Regulation Z)” (78 Fed. Reg. 79730 (December 31, 2013)), relating to the federally related transaction is given
to the consumer, the mortgage originator or its agent, directly or
indirectly—
(A) has contacted not fewer than 3 State certified appraisers or State licensed appraisers, as
applicable, on the mortgage originator’s approved appraiser list in the
market area in accordance with part 226 of title 12, Code of Federal
Regulations; and
(B) has documented that no State certified appraiser or State licensed appraiser, as applicable, was
available within 5 business days beyond customary and reasonable fee and
timeliness standards for comparable appraisal assignments, as documented
by the mortgage originator or its agent;
(3) the transaction value is less than $400,000; and
(4) the mortgage originator is subject to oversight by a Federal financial institutions regulatory
agency.
(c) Sale, Assignment, or Transfer.—A mortgage originator that makes a loan without an appraisal under the terms of subsection (b)
shall
not sell, assign, or otherwise transfer legal title to the loan unless—
(1) the loan is sold, assigned, or otherwise transferred to another person by reason of the bankruptcy
or failure of the mortgage originator;
(2) the loan is sold, assigned, or otherwise transferred to another person regulated by a Federal
financial institutions regulatory agency, so long as the loan is retained
in portfolio by the person;
(3) the sale, assignment, or transfer is pursuant to a merger of the mortgage originator with another
person or the acquisition of the mortgage originator by another person or
of another person by the mortgage originator; or
(4) the sale, loan, or transfer is to a wholly owned subsidiary of the mortgage originator, provided
that, after the sale, assignment, or transfer, the loan is considered to
be an asset of the mortgage originator for regulatory accounting purposes.
(d) Exception.—Subsection (b) shall not apply if—
(1) a Federal financial institutions regulatory agency requires an appraisal under section
225.63(c), 323.3(c), 34.43(c), or 722.3(e) of title 12, Code of Federal
Regulations; or
(2) the loan is a high-cost mortgage, as defined in section 103 of the Truth in Lending Act (15 U.S.C.
1602).
(e) Anti-evasion.—Each Federal financial institutions regulatory agency shall ensure that any mortgage originator
that the Federal financial institutions regulatory agency oversees that
makes a significant amount of loans under subsection (b) is
complying with the requirements of subsection (b)(2) with respect to each
loan.
- Cross-references to the US Code
- 12 U.S.C. 3356