Marin Independent Journal

Take race from home-financing equation

- By Ronald Baum Ronald Baum, of Mill Valley, is a retired real estate appraiser. He served on the Marin County Assessment Appeals Board.

The state of the residentia­l home-lending market is like the Nimitz Freeway on a rainy day. But instead of pot holes, truck crashes and a slippery road surface; the home lending market is the byproduct of racial bias, incompeten­ce and greed.

The process starts with a borrower contacting a lender or mortgage broker and providing basic informatio­n such as the address, a brief property descriptio­n and the borrower's financial informatio­n. Subsequent­ly, the lender or broker orders third-party reports on the title and property condition, as well as an appraisal which is ordered through an appraisal management company (AMC).

AMCs are third-party administra­tors who have the responsibi­lity of engaging appraisers, reviewing their work and delivering their reports to a lender. As part of their compensati­on, they receive 40% to 50% of the appraiser's fee. AMCs are something like air traffic controller­s for appraisers and lenders — only most have no idea where the airport is. The AMC hires an appraiser who they may or may not be familiar with and who may or may not be familiar with the market in which the property is located.

If you're a person of color, or someone looking to finance a residence in a racially diverse neighborho­od, the odds of being victimized by an appraisal increase dramatical­ly.

Take, for example, the story of Paul Austin and Tenisha Tate-Austin.

After applying for home refinancin­g, the Austins, a Black family from Marin City, found themselves stuck at the intersecti­on of incompeten­ce and bias. The details are discussed in the new documentar­y television report, “Our America: Lowballed.”

The Austins allege to have been damaged by a biased appraisal and have filed a civil complaint in United States District Court. Among those named in the complaint are the appraiser and the AMC.

According to the report, the Austins completed extensive renovation­s to their home, including a completely rebuilt kitchen and bathrooms, additional square footage and an accessory dwelling unit. The renovation produced an attractive buildout which appears to be typical of many homes located in Southern Marin.

During this time period, the Austins applied for refinancin­g. Their mortgage broker engaged the services of an AMC from Utah. It, in turn, engaged an appraiser from Marin County to appraise the property.

When the Austins reviewed the completed appraisal report, they were shocked. It was alleged to contain language implying that the property would only be marketable to racial minorities, contained irrelevant data and comparable sales which would not be considered comparable by most potential buyers or sellers. Reliance on that appraisal would have caused rejection of their mortgage applicatio­n.

The Austins requested and got a second appraisal. This time, the inspection tour was led by a White friend of theirs, rather than the Austins themselves. They removed family photos and art from the home, fearful that the second appraiser would discover that they were Black. The second appraisal came in about $500,000 higher than the first. The court may have to decide which appraisal, if either, is accurate.

Lenders created this mess. They invented redlining, gave us the savings and loan crisis, were largely responsibl­e for the Great Recession and, for the most part, have jettisoned in-house real estate appraisal functions in the name of cost reduction.

One fix is to eliminate reliance on specific appraised values which fail to recognize historic, contempora­neous and potential future value increases. Underwriti­ng should consider the appraised value to be the low end of a value range with the upper end factoring in probable property appreciati­on and principal pay down.

Another fix is to actively recruit people of color to the appraisal field. The appraisal industry is 97% White. Wells Fargo Bank has issued a $5 million grant and is partnering with the Urban League in Philadelph­ia with the goal of certifying up to 260 diverse appraisers.

Finally, AMCs should not get any of the appraisers fees. Administra­tion of the appraisal function is a lender expense and should not be paid by an appraiser.

This home financing problem can be fixed with smarts and a strong desire to eliminate race, religion or any unrelated nonreal estate or non-financial criteria to the lending equation.

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