Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 12 - Banks and Banking |
Chapter VII - National Credit Union Administration |
SubChapter A - Regulations Affecting Credit Unions |
Part 722 - Appraisals |
§ 722.5 - Appraiser independence.
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§ 722.5 Appraiser independence.
(a) Staff appraiser. If an appraisal is prepared by a staff appraiser, that appraiser must be independent of the lending, investment, and collection functions and not involved, except as an appraiser, in the federally related transaction, and have no direct or indirect interest, financial or otherwise, in the property. If the only qualified persons available to perform an appraisal are involved in the lending, investment, or collection functions of the credit union, the credit union shall take appropriate steps to ensure that the appraisers exercise independent judgment. Such steps include, but are not limited to, prohibiting an individual from performing an appraisal in connection with federally related transactions in which the appraiser is otherwise involved.
(b) Fee appraisers.
(1) If an appraisal is prepared by a fee appraiser, the appraiser shall be engaged directly by the credit union or its agent and have no direct or indirect interest, financial or otherwise, in the property or the transaction.
(2) A credit union also may accept an appraisal that was prepared by an appraiser engaged directly by another financial services institution; if:
(i) The appraiser has no direct or indirect interest, financial or otherwise, in the property or transaction; and
(ii) The credit union determines that the appraisal conforms to the requirement of this regulation and is otherwise acceptable.
[55 FR 30207, July 25, 1990, as amended at 60 FR 51895, Oct. 4, 1995]