Apple Appraisal Blog

New Appraisal Rules From HUD Mirror The HVCC And Go Even Further..
September 21st, 2009 12:59 PM

HUD recently released 3 new MOrtgagee Letters

09-28 Appraiser Independence

09-29 Appraisal Portability

09-30 Appraisal Validity Periods

09-28, Appraiser Independence could be considered the most groundbreaking. It adopts much of the current HVCC standards and goes even further to protect the interests of consumers.

Prohibition of mortgage brokers and commission based lender staff from the appraisal process

This is very similar to the current HVCC rules. To ensure appraiser independence, FHA-approved lenders are now prohibited from accepting appraisals prepared by FHA Roster appraisers who are selected, retained or compensated in any manner by a mortgage broker or any member of a lender’s staff who is compensated on a commission basis tied to the successful completion of a loan.

Appraiser Selection in FHA Connection

FHA has found that, on numerous occasions, the name of an appraiser in the appraiser log-in screen is not the appraiser who actually completed the appraisal. Lenders who fail to assure that the FHA Connection reflects the correct name of the appraiser will be subject to administrative sanctions.

Appraisal and Appraisal Management Company (AMC)/Third Party Organization Fees

FHA does not require the use of AMCs or other third party organizations for appraisal ordering. To address several questions that have already been raised regarding compensation, this mortgagee letter corrects and expands existing fee requirements set forth in Mortgagee Letter 1997-46.

FHA-approved lenders must ensure that:

  • FHA Appraisers are not prohibited by the lender, AMC or other third party, from recording the fee the appraiser was paid for the performance of the appraisal in the appraisal report.

This is a very interesting issue. Appraisers have long held that if consumers knew how much AMCs were making for the service they provide and how much the appraiser is making, that there would be pressure on AMCs to increase fees to appraisers and decrease the fees they charge for managing the ordering process. I'm not entirely convinced that is true. Consumers care about their own bottom line, not someone else's. The current HVCC has not cause an upwelling of sympathy for appraisers, from consumers.

  • FHA Roster appraisers are compensated at a rate that is customary and reasonable for appraisal services performed in the market area of the property being appraised.

Who is going to determine what is "Customary and Reasonable"? The AMC's will argue that they have 'Customary and Reasonable" fees because appraiser's accept them. Appraisers will argue that a "Customary and Reasonable" fee is what the retail price of an appraisal is.

  • The fee for the actual completion of an FHA appraisal may not include a fee for management of the appraisal process or any activity other than the performance of the appraisal.

Currently, many AMCs send an invoice to a lender for $375+ and pay appraisers as low as $86. The fee on the invoice to the lender does not reflect the fees for the appraisal itself.

  • Any management fees charged by an AMC or other third party must be for actual services related to ordering, processing or reviewing of appraisals performed for FHA financing.

Now maybe lenders will start to question the value that they are getting from AMCs. Is it really reasonable for an AMC to take 40% of the appraisal fee just for looking up an appraiser in a directory and telling them to do an appraisal for lender X? Currently, there are several services like Ellie Mae and AppraisalPort that charge less than $25 to do that, leaving the rest of the fee for the appraiser.

  • AMC and other third party fees must not exceed what is customary and reasonable for such services provided in the market area of the property being appraised

Again, the argument will come down to who defines what is "Customary and Reasonable". An Appraisal and an AMC will have far different definitions.

Affirming Existing Requirements


Prevention of Improper Influences on Appraisers

I have always thought this needs to be changes to "Prevention of Improper Mortgage Pressure" or P.I.M.P., but that is a whole 'nother issue.

Mortgagee Letter 1996-26 requires that FHA Roster appraisers avoid conflicts of interest and the appearance of conflicts of interest. In order to help appraisers avoid conflicts or the appearance of conflicts, no members of a lender’s loan production staff or any person (i) who is compensated on a commission basis upon the successful completion of a loan or (ii) who reports, ultimately, to any officer of the lender not independent of the loan production staff and process, shall have substantive communications with an appraiser relating to or having an impact on valuation, including ordering or managing an appraisal assignment.

This is similar to the current HVCC rules, but with the distinction that Loan Officers or anyone compensated by commission on closing a loan cannot order the appraisal.

I have always thought the interpretation by FNMA, of the current HVCC, to allow mortgage brokers and loan officer to actually place the order with an appraisal company is ludicrous. If they are supposed to be out of the appraisal ordering and controlling loop, then keep them out. It only has cause more confusion of and already confusing issue.

Appraiser Independence Safeguards

When FHA transitioned from rotational assignment of appraisers to “Lender Select,” Mortgagee Letter 1994-54 was issued to advise of the necessity for appraisal independence. Mortgagee Letter 1994-54 prohibited loan officers and loan production staff from supervising or directing appraisers and prescribed penalties for mortgagees that unduly influenced or pressured appraisers. Subsequent Mortgagee Letters enhanced the importance of appraiser independence, and clarified and supplemented Mortgagee Letter 1994-54. In Mortgagee Letter 1996-26, FHA directed that the mortgagee and the appraiser avoid even the appearance of a conflict of interest, which would include providing the appraiser with anything of value in consideration of returning the appraisal at a given value. With the release of Mortgagee Letter 1997-45, FHA instructed mortgagees that they may not condition continued selection of an appraiser on inflating values or disregarding repair requirements.

FHA is reaffirming these requirements by adopting language from the current HVCC.

Mortgagees and third parties working on behalf of mortgagees are prohibited from:

· Withholding or threatening to withhold timely payment or partial payment for an appraisal report.

· Withholding or threatening to withhold future business for an appraiser, or demoting or terminating or threatening to demote or terminate an appraiser.

· Expressly or impliedly promising future business, promotions or increased compensation for an appraiser.

· Conditioning the ordering of an appraisal report or the payment of an appraisal fee or salary or bonus on the opinion, conclusion or valuation to be reached, or on a preliminary value estimate requested from an appraiser.

· Requesting that an appraiser provide an estimated, predetermined or desired valuation in an appraisal report prior to the completion of the appraisal report, or requesting that an appraiser provide estimated values or comparable sales at any time prior to the appraiser’s completion of an appraisal report.

· Providing to the appraiser an anticipated, estimated, encouraged or desired value for a subject property or a proposed or target amount to be loaned to the borrower, except that a copy of the sales contract for purchase must be provided.

· Providing to the appraiser, appraisal company, appraisal management company or any entity or person related to the appraiser, appraisal company or management company, stock or other financial or non-financial benefits.

· Allowing the removal of an appraiser from a list of qualified appraisers or the addition of an appraiser to an exclusionary list of qualified appraisers, used by any entity, without prompt written notice to such appraiser, which notice shall include written evidence of the appraiser’s illegal conduct, a violation of the Uniform Standards of Professional Appraisal Practice (USPAP) or state licensing standards, improper or unprofessional behavior or other substantive reason for removal.

· Ordering, obtaining, using, or paying for a second or subsequent appraisal or automated valuation model(AVM) in connection with a mortgage financing transaction unless: (i) there is a reasonable basis to believe that the initial appraisal was flawed or tainted and such appraisal is clearly and appropriately noted in the loan file, or (ii) unless such appraisal or automated valuation model is done pursuant to written, pre-established bona fide pre- or post-funding appraisal review or quality control process or underwriting guidelines, and so long as the lender adheres to a policy of selecting the most reliable appraisal, rather than the appraisal that states the highest value; or

· Any other act or practice that impairs or attempts to impair an appraiser’s independence, objectivity or impartiality or violates law or regulation, including, but not limited to: the Truth in Lending Act (TILA) and Regulation Z and USPAP.

Services like AppraisalPort will become increasingly attractive to FHA lenders as they move to adopt the new ML 09-28. The role of AMCs could diminish and at the very least, HUDs adoption of the HVCC concepts considerably damage the attempts by CAMB and NAMB and other organizations that represent Loan Officers and Lenders, to put a moratorium on the current HVCC rules.

More on the other two ML letters later.


Posted by Apple Appraisal, Inc on September 21st, 2009 12:59 PMPost a Comment (0)

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Home Price Statistics have been updated
September 15th, 2009 4:47 PM

After increases in nearly all areas over the summer in average sales prices, home values seem to be stabilizing if not sputtering a bit.

It's good to see thing's stabilizing, but it brings up some interesting questions.

HUD releases Mortgagee Letter 09-09, requiring appraisers to include additional comparables and additional data for properties lovated in declining markets. I think it's clear that most markets in California have stabilized and many are increasing.

I haven't seen HUD release any info stating ML 09-09 doesn't need to be followed anymore.

Maybe if someone sends HUD this blog, HUD will think about it...;)

You can see California's Home Price Stats at:

http://www.appleappraisalinc.com/prices

 


Posted by Apple Appraisal, Inc on September 15th, 2009 4:47 PMPost a Comment (0)

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1004 MC, The new FNMA Market Conditions Form, required on all appraisals
April 2nd, 2009 9:54 AM

Yesterday, on April 1, 2009, the 1004 MC became a required addition to all appraisals. This includes single family, condo and 2-4 unit appraisals.

The Market Conditions Addendum (Form 1004MC) is designed to enhance the transparency of the market trends and conditions conclusions made by the appraiser. This requirement applies to loans delivered to Fannie Mae, however, even on loans not intended for delivery to FNMA, many lenders and investors are requiring it. This form is now a requirement on all FHA appraisals as well.

Check with your lenders and investors for thier requirements regarding this form.

Apple Appraisal will include this form on all appraisals only if the person that orders it, requests it.

Be careful, because if you have to order it as a condition, the fee for the form is $75, as opposed to $50 if you order it up front, with the appraisal.

As always, we are here to help make the appraisal process smooth in these turbulent times.

Apple Appraisal does appraisals in CA, AZ and WA. Shoot us an email for fees and turnaround times.


Posted by Apple Appraisal, Inc on April 2nd, 2009 9:54 AMPost a Comment (0)

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CAMB Marketplace and Myths and Realities of the HVCC
March 27th, 2009 9:34 AM

Dennis and Went to the East Bay CAMB Marketplace event at Crow Canyon Country Club yesterday. It was pretty well attended. We saw lots of old faces now in new places. Several that had gone from wholesale to retail. Our question of the day revolved around the HVCC. "What has your company done to prepare?" Surprisingly little has been done by lenders to prepare for this. I think part of the problem is the huge amount of speculation and flat out dis-information. Lets face it, the HVCC is one of the most poorly written documents I've seen in a long time. And it impacts so many people, all the way from the consumer to the investor on the secondary market. But, we have to live with it. I don't think the NAMB lawsuit is going to stop it. Maybe it will slow it, but it won't stop it. The best we can do as industry participants is educate ourselves about it. To that end, I'm reposting a portion of a document created by the Appraisal Instute about Myths and Realities of the HVCC.

MYTHS AND REALITIES OF THE HVCC

Myth: The HVCC requires lenders to use Appraisal Management Companies.

Reality: Use of appraisal management companies is not required under the Home Valuation Code of Conduct (HVCC). Lenders may engage appraisers directly without the use of third parties.

Myth: Mortgage sellers cannot achieve compliance without outsourcing the appraisal function.

Reality: Sellers may achieve compliance by establishing meaningful risk management practices, including separation between risk management (appraisal) and loan production. The Code requires that loan production staff not be involved in ordering the appraisal. This separation is currently required under existing federal bank regulation.

Myth: "Loan Correspondents" or "correspondent lenders" are the same as mortgage brokers and they too cannot order appraisals.

Reality: Unlike mortgage brokers, loan correspondents fund loans in their own name and, therefore, have "skin in the game." They are allowed to order appraisals on loans sold to Fannie Mae and Freddie Mac like other sellers that fund loans in their own name or with their own funds. Mortgage brokers no longer will be able to engage real estate appraisers directly.

Myth: Sellers cannot maintain the appraisal function internally (as an in-house operation), without loan production involvement.

Reality: There are several ways in which sellers may staff appraisal functions internally without outsourcing the function to a third party, so long as they maintain separation between risk management functions and loan production staff. To achieve compliance the appraisal function should report to an individual or department outside of loan production. Some examples of eligible individuals or entities within institutions include, but are not limited to, the following:

  • the risk management department,
  • the credit department,
  • the consumer lending department (with no loan production responsibilities),
  • the compliance office, or
  • the chief executive office.

For many institutions, the HVCC will not require any changes. However, whether the appraisal function is a fully staffed appraisal department or an individual assigned with the appraisal responsibility, the function can be maintained internally where the reporting line is to someone other than loan production (e.g., any of the entities listed above). Sellers also should make sure that their policies are in compliance with any applicable federal bank regulatory policies by contacting their appropriate bank regulatory agency.

Myth: Loan Production staff is prohibited from communicating with appraisers.

Reality: Loan production staff may communicate with the appraisers, but they cannot be involved in selecting, retaining, recommending or influencing the selection of any appraiser for a particular appraisal assignment. Further, loan production staff cannot have any "substantive communications with an appraiser or appraisal management company relating to or having an impact on valuation, including ordering or managing an appraisal assignment."

Myth: Use of third party vendors ensures the use of competent appraisers.

Reality: Lenders traditionally have been responsible for ensuring the competency of the appraisers and reliability of the appraisals they use for credit decisions. However, the competency of an appraiser is not measured by scoring compliance with seller servicer guidelines. Processing appraisal orders is a separate function that does not specifically include a review of competency. The function of competency review is best performed by individuals with significant education in appraisal standards and theory. In fact, here at Apple Appraisal, Inc., we think that implementation of the HVCC could make appraisals MORE unreliable. With AMCs popping up all over, forming new relationships with appraisers and trying to grind the appraiser down on thier fees, the appraiser will only naturally not put as much work and effort into the appraisal. Lastly, with so many new appraisers over the past few years and the poor nature of training in the appraisal industry, just try giving an appraiser an assignment with no estimated value. Values will be all over the place on a given appraisal, especially the more complex ones.

 

That's enough for now, back to work. More later.

Contact Apple Appraisal Inc. for Appraisals and Reviews all over CA

 


Posted by Apple Appraisal, Inc on March 27th, 2009 9:34 AMPost a Comment (0)

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Is YOUR Appraiser Licensed to Appraise That Property?
July 7th, 2008 10:37 AM

As someone that does a lot of reviews, I see some interesting appraisals come across my desk. Some give me pause to wonder. And some just give me pause.

One issue that has come up more and more of late, is appraisers not being licensed to appraise the property in question.

Specifically, I’m speaking to the license limitations of a “Licensed” or “Residential” appraiser.

Here in California, we have 4 licensing levels. Other states have similar licensing, however, the designations may differ.

· AT-Trainee Appraiser-Can appraise any property the supervising appraiser is licensed to appraise.

· AL-Residential Appraiser-Can appraise any “NON-COMPLEX” 1-4 family property with a transaction value up to $1,000,000

· AR-Certified Residential-Can appraise any 1-4 family property without regard to transaction value

· AG-Certified General-Can appraise all real estate without regard to transaction value or complexity.

The sticking point that I see is the “NON-COMPLEX” issue. Many AL or "Residential Appraisers" here in CA, appraise complex properties as a part of their regular business.

Federal Reserve Regulations, from which USPAP was born and which all licensed appraisers are required by law to follow, defines a “Complex” appraisal as “…one in which the property to be appraised, the form of ownership, or market conditions are atypical.”

Can you say “Vague”?

I called my state office of real estate appraisers and spoke to an investigator about this issue.

While I didn’t ask them to go on record or put it in writing, I was told the CA OREA considers examples of “complex” to be anything that has

· Functional Obsolescence

· External Obsolescence

· Acreage

· Views

That takes a whole lot of properties out of the pool of homes a residential appraiser, or AL level appraiser, here in CA, can appraise.

I recently did a field review of an appraisal on a home that was a lakefront property, on a few acres of steeply sloping property, in an area where there are very few similar sales and the few that there are, were up to 26 miles away, by road.

OK, now that is definitely complex by anyone’s standard. Even the appraiser admitted it was very complex when I called her. The problem I had with the appraisal is that she is an AL or residential appraisal, as is her supervisor, that signed on the URAR.

When I asked her why she completed an admittedly complex appraisal that is outside the scope of her license, she had a few reasons.

· She has appraised these types of properties in the past

· She thought she was competent to do the appraisal

· She didn’t realize it was so complex until she inspected the property

· She didn’t know the definition of complex

· No one ever said anything to her before about doing homes like this.

These are all well and good, but unfortunately, none flies with USPAP.

Unfortunately, it seems that the CA OREA doesn’t prosecute this offense, specifically, because, as the investigator told me, the definition of complex is too vague and in an investigation, there are usually many other issues. The policy does have a negative impact on the Certified Residential appraisers who all worked so hard for their AR licenses, because they lose business when an AL does a complex appraisal. It should be noted that other states may prosecute this offense.

When an AL level appraiser, or residential appraiser completes a complex appraisal, even if the value is fine and there are no issues in the appraisal itself, it can put you, the originator or the lender at risk of a buyback, or at the least, some heartache in dealing with a lender/investor looking for ANY reason to get satisfaction from SOMEONE on a defaulted loan. Residential appraisers are not likely to turn away work in this market just because a home has a view or a pool causing functional obsolescence. It is incumbent on us, as appraisers, to police ourselves and follow state and federal law.

But let's face it, that doesn't always happen the way it should.

If you are a loan originator, here are some tips to remember whn ordering an appraisal.

· If the property is unusual in any way for the area, make sure you order your appraisal from an "AR" or "Certified" level appraiser.

If the property is on a busy street, is "over-built" for the area, has really nice views, etc, make sure you order your appraisal from an "AR" or "Certified" level appraiser. 

You can limit any potential liability from an investor requiring a buy back by ordering complex appraisals with an AR level appraiser.

Yes, I know it's a long shot that would happen, but why risk it?

Ordering your appraisals with Apple Appraisal, Inc. eliminates that risk. We have several AR level appraisers and our AL appraisers do not do complex assignments without the proper supervision.

With Apple Appraisal, Inc, you can be sure the right person is doing your appraisal.

Because it matters to you and it matters to us.

·Anthony Blackburn is a Certified Residential Appraiser in Martinez, CA and one of the co-owners of Apple Appraisal, Inc..


Posted by Apple Appraisal, Inc on July 7th, 2008 10:37 AMPost a Comment (0)

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Most Common FHA Appraisal Report Compliance Issues
June 9th, 2008 8:47 AM

Anthony Blackburn wrote this article for the AppraisalScoop.com blog, one of the most populatr appraisal blogs on the internet.

June 06, 2008

Most Common FHA Appraisal Report Compliance Issues

Anthony Blackburn, of Apple Appraisal, Inc., in Martinez, CA responded recently to a WinTOTAL Users Group forum question about common errors with FHA appraisals. The following was his response.  At the bottom of this blog post is a "bookmarked" pdf highlighting the references to his list.

New_ideas"I'm reviewing a batch of about 25 reverse mortgage appraisals, post funding. Not a single one complies will all of HUD's guidelines!"

Most commonly, the reports that I review fail to:

  1. Include patios, porches, garages, breezeways and other offsets on the sketch. Failure to state "covered" or "uncovered" to indicate a roof or no roof (such as over a patio).
  2. Have the street scene photo include a portion of the subject site.
  3. Enter a legal description of the property.
  4. To state that the use of the appraisal is to support FHA's decision to provide mortgage insurance on the real property that is the subject of the appraisal; and intended users include the lender/client and FHA.
  5. Clearly define the boundaries - north, south, east and west - of the subject's neighborhood. Providing a description of neighborhood boundaries by physical features such as streets, rail lines, other man-made barriers or well defined natural barriers (i.e. rivers, lakes, etc.) details the make up and understanding regarding neighborhood composition.
  6. To adequately and accurately describe current market conditions in the subject's neighborhood.
  7. List all dimensions of the site beginning with the frontage. If the shape of the site is irregular, show the boundary dimensions (85' X 150' X 195' X 250')
  8. Describe the view from the property (None is not an acceptable response).
  9. Include the CORRECT zoning
  10. To correctly report the number of COMPARABLE sales in the past 12 months and active listings on page 2.
  11. To correctly calculate time adjustments from the contract date of the sale, and report both the contract and closing dates when time adjustments are made.
  12. Enter the name of the subdivision or PUD in the location field of the sales comparison approach.
  13. Describe the view from the site on the sales comparison approach, i.e. similar homes, commercial area, water view, scenic view, etc. Such terms as "Average" or "Good" are only to be used as adjuncts, i.e. "Residential/Average", "Water view/Good".
  14. To enter ONLY the actual age of the subject in the age field of the sales comparison approach.
  15. To accurately report the subject's condition as "Fair" when it is indeed "Fair".
  16. Research prior sales or transfers of comparable sales
  17. To analyze and report the analysis of the subject's prior sales

Download 41502appdHSGH.pdf - This appendix to HUD's 4150.2 has been bookmarked to correspond to the list above.

Thanks to Anthony Blackburn, of Apple Appraisal, Inc., of Martinez, CA for compiling and sharing this list!


Posted by Apple Appraisal, Inc on June 9th, 2008 8:47 AMPost a Comment (0)

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The Apple Appraisal Statistics Webite has been updated to 2/1/2008
February 9th, 2008 1:25 PM
The Apple Appraisal Statistics Webite has been updated to 2/1/2008
 

To see the latest statistics on housing prices in selected market areas of California, please go to

Apple Appraisal, Inc. as a service to those in the real estate community, that find such data useful.

Apple Appraisal, Inc. is a full service real estate valuation company serving most California Markets.

You can place an order at www.appleappraisalinc.com

If you find the AppleStats website interesting or useful, you can thank us by ordering an appraisal or review or recommending us to a colleague.


Posted by Apple Appraisal, Inc on February 9th, 2008 1:25 PMPost a Comment (0)

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It's that time of the month again.....THE END!
November 20th, 2007 5:26 PM

It's that time of the month again.....THE END!

That's when you need your review company to come through with fast service and the value you can count on!

One of our more popular requests is the Three Hour Desk Review...

Your review is guaranteed back to you within three hours. What could be easier?

A/E's...if you would like to have your inside staff get desk reviews for your broker's done faster, forward this to your Underwriter, Account Manager or Ops. Manager and have them contact us!

Our 24 HOUR FIELD REVIEW is popular too! Be sure to ask for it by name on your order!

Don't let those big AMC's drive you... ....Apple Appraisal can beat them on service and quality every time!

You can place your orders online at www.appleappraisalinc.com or fax them to (925) 313-5919.

Or simply call Staci Eisenbarth at (925) 313-5900.

Apple Appraisal, Inc.

Residential and Commercial
Appraisals and Reviews

Serving Northern and Southern CA, Las Vegas and Denver

www.appleappraisalinc.com

www.applestats.com


(925) 313 -5900


Posted by Apple Appraisal, Inc on November 20th, 2007 5:26 PMPost a Comment (0)

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Making Everyone's Lives Better, One Review Appraisal At A Time...
November 15th, 2007 2:06 PM

Here are some tips to make ordering more efficient..

When placing your orders online, attach the original appraisal as a PDF file. The "Direct-Fax" service is a little buggy, IMHO. Attaching PDF's of the original appraisal works much better.

When ordering a review, always indicate, as appropriate, at the bottom of the order, in the comment section, that you need a:

  • Enhanced Desk
  • 3 Hour Desk
  • Enhanced 3 Hour Desk
  • Enhanced Field

OK, now, I know this one is nit-picky, but I was trained, many years ago, in a galaxy far, far away, by an English Major, so this is near and dear to me....

Please use proper capitalizaion when placing an order.

I can hear the moaning and groaning from here...."Who does he think he is? An English Teacher?"

Really, the issue is that we have to re-type the data in the order if It's not propertly capatilized, so It will save us a little re-typing.

If you aren't using our new online ordering system....It's EASY!!!! And it makes us more eficient and we get our reviews done faster...;) Email Tony at ablackburn@goapple.com and he will walk you through your first order.

I'll be sending out customer service forms in a few days for you to give us feedback on.

Til then......:)


Posted by Apple Appraisal, Inc on November 15th, 2007 2:06 PMPost a Comment (0)

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The Apple Appraisal Statistics Webite has been updated to 11/1/2007
November 6th, 2007 4:57 PM

To see the latest statistics on housing prices in selected market areas of California, please go to

Apple Appraisal, Inc. as a service to those in the real estate community, that find such data useful.

Apple Appraisal, Inc. is a full service real estate valuation company serving most California Markets.

You can place an order at www.appleappraisalinc.com

If you find the AppleStats website interesting or useful, you can thank us by ordering an appraisal or review or recommending us to a colleague.


Posted by Apple Appraisal, Inc on November 6th, 2007 4:57 PMPost a Comment (0)

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