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Failure to meet qualification requirements The lender or the lender’s staff appraisal reviewer (SAR) no longer meets the basic LAPP qualification requirements (see Chapter 15).
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Civil judgments and convictions Continued on next page 17-12 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants 17
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.04 Withdrawal of LAPP Authority, Continued Notice of Generally, VA will provide written notice at least 30 days prior to imposition Sanction of the sanction to the lender’s staff appraisal reviewer (SAR) the lending officer responsible for the quality of the SAR’s work, and any other appropriate official(s).
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Note: VA’s notice provides the basis for the sanction and information on how to exercise appeal rights. Government at VA is not required to give 30 days’ notice if the Government’s interests are Immediate Risk exposed to immediate risk from the lender’s activities. The withdrawal is effective immediately in such cases.
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Determining Once LAPP authority is withdrawn, VA must Reasonable Value and make all determinations of reasonable value for the lender, and Issuing CRVs issue the Certificates of Reasonable Value (CRVs). Note: For any withdrawal longer than 90 days, the lender must reapply to VA to participate in LAPP.
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Imposition of As an alternative, VA may impose a probationary period for a specified Probationary period to further evaluate LAPP-related performance.
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During that period, the Period VA office, at its discretion, may require VA review of appraisal reports and lender notices of value VA staff issuance of the lender’s VA value notices increased VA quality control review of the lender's LAPP cases, or other measures designed to monitor and improve performance.
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Continued on next page 17-13 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17.04 Withdrawal of LAPP Authority, Continued Other Withdrawal or amendment of a lender’s LAPP authority does not preclude Sanctions VA from also withdrawing automatic processing authority, or taking debarment or suspension action against the lender for the same cause.
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Relationship Lenders with their LAPP authority withdrawn do not appear in GSA’s List of With Other Parties Excluded From Federal Procurement and Nonprocurement Program Programs. Participants Other program participants may still transact VA business with these lenders. Exception: Lenders may appear on the GSA list if another sanction is imposed against them.
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In such cases, other program participants may be prohibited from transacting business with them.
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Responsbilities As long as LAPP authority is withdrawn, it is the lender’s responsibility to of Lender ensure that VA, and not the lender makes all determinations of reasonable value, and issues CRVs on its loans. 17-14 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17
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.04 Withdrawal of LAPP Authority, Continued Other Withdrawal or amendment of a lender’s LAPP authority does not preclude Sanctions VA from also withdrawing automatic processing authority, or taking debarment or suspension action against the lender for the same cause.
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Relationship Lenders with their LAPP authority withdrawn do not appear in GSA’s List of With Other Parties Excluded From Federal Procurement and Nonprocurement Program Programs. Participants Other program participants may still transact VA business with these lenders. Exception: Lenders may appear on the GSA list if another sanction is imposed against them.
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In such cases, other program participants may be prohibited from transacting business with them.
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Responsbilities As long as LAPP authority is withdrawn, it is the lender’s responsibility to of Lender ensure that VA, and not the lender makes all determinations of reasonable value, and issues CRVs on its loans. 17-14 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants 17
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.05 Debarment and Suspension Debarment Debarment is a sanction that in most cases excludes the program participant from any participation in the nonprocurement programs of any Federal agency, including VA’s loan guaranty program.
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Note: Occasionally debarment is used to exclude the participant from only certain types of transactions. Debarment Debarment is effective for a period appropriate to the seriousness of the Time Period cause. Often a period of 3 years is deemed appropriate.
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Often a period of 3 years is deemed appropriate. Suspension Suspension has the same impact as debarment, but is imposed on a temporary basis, pending the outcome of investigative legal, or debarment proceedings. Note: Suspension can be followed by debarment if the results of the proceedings warrant. Suspension Suspension generally does not exceed 18 months.
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It is imposed for a Time Period temporary period pending investigative legal, or debarment proceedings. Note: An additional period of debarment may follow.
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Continued on next page 17-15 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17.05 Debarment and Suspension, Continued Geographic The debarred or suspended participant is excluded from targeted activities in Scope of all locations.
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Exclusion Debarred Loan All loan guaranty program participants debarred by VA are listed in GSA’s Guaranty List of Parties Excluded From Federal Nonprocurement Programs. Most of Participants these debarments are Government-wide. The GSA list contains government-wide debarments of parties who cannot participate in the nonprocurement programs of any Federal agency.
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Participant is Any program participant (individual or entity) and/or affiliate can be debarred an Entity or suspended. If the participant is an entity, the sanction can be imposed against the entire organization a certain part of the organization, or only certain individuals.
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VA Regulations VA can impose debarments or suspensions based on any of a multitude of causes outlined in VA regulations 38 CFR 44.305, and 38 CFR.44.405. [38 CFR 44.305] [38 CFR 44.405] Continued on next page 17-16 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants 17
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.05 Debarment and Suspension, Continued Causes for The regulations authorize VA to debar or suspend participants for “Any other Debarment or cause of so serious or compelling a nature that it affects the present Suspension responsibility of a person
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.” These causes include, but are not limited to conviction of, or civil judgment for, fraud, embezzlement, theft, forgery, falsification or destruction of records, commission of an offense evidencing serious lack of integrity violation of the terms of a public agreement or transaction so serious as to affect the integrity of an agency program knowingly doing business with a debarred, suspended,
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doing business with a debarred, suspended, ineligible, or voluntarily excluded person, or failure to pay debts owed to the Federal Government
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. [38 CFR 44.305] [38 CFR 44.405] 17-17 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17
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.06 Limited Denial of Participation (LDP) Introduction A Limited Denial of Participation (LDP) is a sanction imposed by a local VA office limiting a program participant’s activities within that local VA office’s jurisdiction can either exclude the program participant from participation in any VA loan guaranty activities in the geographic area or just certain types of loan guaranty activities in
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just certain types of loan guaranty activities in the geographic area, and can be the sole sanction against a participant, or a means to immediately end unacceptable conduct while more severe sanctions are considered
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.
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Note: An LDP may prohibit the participant from performing VA appraisals, but not from acting as a management broker or in another role. Participant is If the participant is an entity, the sanction can be imposed against an Entity the entire organization a certain part of the organization, or only certain individuals.
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LDP An LDP can be imposed against any program participant (individual or Exceptions entity) and/or affiliate except lenders employees of lenders, and manufactured home manufacturers.
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Continued on next page 17-18 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants 17.06 Limited Denial of Participation (LDP), Continued Causes for LDP VA can impose LDPs based on any of a multitude of causes outlined in VA regulations 38 CFR 44.705.
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These causes include, but are not limited to irregularities in a participant’s or contractor’s performance in the VA loan guaranty program failure to satisfy contractual obligations or to proceed in accordance with contract specifications construction deficiencies deemed by VA to be the participant’s responsibility, and failure to proceed in accordance with VA requirements or to comply with VA
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with VA requirements or to comply with VA regulations
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. [38 CFR 44.705] LDP as A local VA office may also impose an LDP as a reciprocal action because an Reciprocal LDP or other sanction was imposed upon the participant by Action another VA office, or an office of another Federal agency, such as HUD or USDA.
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A VA office may also notify local offices of another Federal agency that the LDP action has been taken. Jurisdiction The participant is excluded from targeted activities only within the Restrictions jurisdiction of the VA office imposing the sanction. If other VA offices impose a reciprocal LDP, the exclusion applies within their jurisdictions also.
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Continued on next page 17-19 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17.06 Limited Denial of Participation (LDP), Continued Appeal Rights No additional appeal rights are provided to the participant for reciprocal LDPs. The participant is provided appeal rights with the original LDP only, and may choose to exercise them at that time.
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LDP Time LDPs can be imposed for a specified period up to 12 months. Period Builders With In the case of builders with unresolved construction deficiencies, the LDP Unresolved may be for Deficiencies an indefinite period pending correction of the construction deficiencies, or a specified period up to 12 months.
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Obtaining LDP LDP parties are not listed in GSA’s List of Parties Excluded From Federal Party Procurement and Nonprocurement Programs.
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Therefore, information must Information be obtained from the local VA office. 17-20 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants 17
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.07 Unfair Contract Provisions or Marketing Practices Introduction VA may impose sanctions, such as debarment, suspension, or LDP against participants who use contracts of sale, or methods or practices in the marketing of properties, which are unfair or prejudicial to veteran-purchasers.
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Unethical practices based upon experience and standards generally observed by reputable homebuilders and other reputable program participants are barred by VA, and grounds for sanctions. Note: Chapter 9 provides examples of unfair contractual provisions or features.
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Continued on next page 17-21 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17
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.07 Unfair Contract Provisions or Marketing Practices, Continued Unfair Unfair marketing practices include, but are not limited to Marketing enforcement of unfair contractual provisions Practices requiring purchasers to execute so-called “contracts” which legally bind the purchasers but do not bind the seller to deliver the property when completed to the purchasers Example: limiting a seller’s
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to the purchasers Example: limiting a seller’s liability to the refund of the earnest money deposit advertising that a property or project is “VA guaranteed” or “VA approved” or “VA inspected” in such a way as to lead veterans to believe that VA guarantees the construction and workmanship Note: “VA financing available,” “Eligible for VA financing,” or similar advertising is acceptable
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. delaying tactics on the part of the builder to postpone completion of the property or the closing of the sale after completion in an effort to induce the veteran to agree to a modification of a firm contract such as the substitution of inferior materials the omission of appliances, or an increase in price
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. failure of the seller or agent of the seller of proposed or newly constructed property to place deposits or downpayments received from veteran- purchasers in a special trust account , as required by 38 U.
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S. C. 3706 failure to place downpayments or earnest money deposits in a trust fund or in escrow when required by law or by local practice on existing properties, or failure or inability of the seller to return the deposit when and if required under the contract when it is not required or not customary for these deposits to be “isolated,” and [38 U. S.
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C. 3706] failure of the seller of proposed or newly constructed property to state in the sales agreement, when applicable, that the property was or will be constructed under FHA compliance inspection procedures pursuant to section 203(i) or 221(d)(2) of the National Housing Act. 17-22 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants 17
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.08 Violations of Equal Housing Opportunity Laws Introduction VA may impose sanctions, such as debarment, suspension, or LDP against participants who violate statutory provisions and regulations governing equal opportunity in housing.
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These laws and regulations include Equal Credit Opportunity Act (ECOA) The Fair Housing Act Section 527 of the National Housing Act, and VA Regulations at 38 CFR 36.4363 [38 CFR 36
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.4363 [38 CFR 36.4363] Based on these provisions and VA’s policy on unfair marketing practices, VA may impose sanctions if any party involved or financially interested in the construction or sale of property has declined to sell property to an eligible veteran because of race color sex handicap familial status religion, or national origin.
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Continued on next page 17-23 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17
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.08 Violations of Equal Housing Opportunity Laws, Continued Equal Housing This regulation requires a certification by builders or other parties requesting Certification the following types of VA appraisals a Master Certificate of Reasonable Value on proposed or existing housing, or an individual appraisal of existing housing that was not previously occupied.
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The certification provides that the builder or other party will not decline to sell the appraised property to a prospective purchaser because of his or her race color religion sex, or national origin. Note: This requirement is satisfied by completion of VA Form 26-8791, VA Affirmative Marketing Certification.
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Veteran Equal Any veteran obtaining a VA-guaranteed loan is also required to certify that he Housing or she will not decline to sell the home in the future based on these Certification discriminatory factors.
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The certification is found in the Veteran’s Certifications on VA Form 26-1820, Report and Certification of Loan Disbursement
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. 17-24 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants Amend or Withdraw the Special Privilege of Participant is an Entity, 17-16, 17-18 LAPP Authority, 17-11 Participants who Violate Statutory Appeal Rights to all Program Participants, Provisions and Regulations, 17-23 17-1 Probationary Period, 17-13 Cause and Treatment Codes, 17-4 Program Participants, 17-2
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Treatment Codes, 17-4 Program Participants, 17-2 Causes for LDP, 17-19 Reasons For Lender Check, 17-5 Debarment, 17-15 Responsbilities of Lender, 17-14 Debarment or Suspension Causes, 17-17 Sanctions, 17-1 Debarred Loan Guaranty Participants, 17-16 Scope of Exclusion, 17-16 Determining Reasonable Value and Issuing Submitting Loans, 17-7 CRVs, 17-13 Substantive or Repetitive Errors - Example,
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17-13 Substantive or Repetitive Errors - Example, Disregard for VA Requirements - Example, 17-12 17-12 Suspension, 17-15 Equal Housing Certification, 17-24 Technical Incompetence - Withdrawal Excluded Party, 17-4 Example, 17-12 Failure to Meet Qualification Requirements Type of Participant, 17-1 - Example, 17-12 Unfair Contract Provisions or Marketing False Lender Certification, 17-6 Practices,
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False Lender Certification, 17-6 Practices, 17-21 Full Exclusion, 17-3 Unfair Marketing Practices, 17-22 Government at Risk, 17-13 Unresolved Deficiencies, 17-20 GSA List, 17-4 VA Business With Other Participants, 17-7 Identifying Excluded Parties Internet VA Loan Guaranty Program, 17-1 Address, 17-3 VA May Impose Sanctions, 17-21 Jurisdiction Restrictions, 17-19 VA Regulations on Debarments or
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17-19 VA Regulations on Debarments or LAPP Privilege, 17-11 Suspensions, 17-16 LDP as Reciprocal Action, 17-19 VA’s Policy on Unfair Marketing Practices, LDP Exceptions, 17-18 17-23 LDP Party Information, 17-20 Verifying Excluded Parties, 17-5 LDP Time Period, 17-20 Veteran Equal Housing Certification, 17-24 Limited Denial of Participation (LDP), 17- Violations of Equal Housing Opportunity 18
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17- Violations of Equal Housing Opportunity 18 Laws, 17-23 Monetary Penalty, 17-6 Withdrawal for an Indefinite Period, 17-7 Nature of Exclusion, 17-4 Withdrawal For Proper Cause, 17-7 Non Procurement List, 17-4 Withdrawal Period: 1-3 Years, 17-10 Notice of Sanction, 17-13 Withdrawal Period: 180 Days, 17-9 Other Program Participants, 17-14 Withdrawal Period: 60 Days, 17-8 Partial Exclusion, 17-3
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Period: 60 Days, 17-8 Partial Exclusion, 17-3 Withdrawal Time Periods, 17-8 Participant Also A Veteran, 17-2 17-25 VA Pamphlet 26-7, Revised Chapter 18: Servicer Appraisal Processing Program (SAPP) Chapter 18
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.
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Servicer Appraisal Processing Program (SAPP) Overview In this chapter This chapter contains the following topics.
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Topic Topic Description See Page 1 Purpose and Eligibility Requirements 18-2 2 Applying for Authority 18-4 3 Training and Initial Test Case Reviews 18-5 4 Servicer Responsibilities 18-7 5 Processing Procedures 18-8 6 Servicer Quality Control System Requirements 18-10 18-1 VA Pamphlet 26-7, Revised Chapter 18: Servicer Appraisal Processing Program (SAPP) 1. Purpose and Eligibility Requirements a.
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Purpose and Eligibility Requirements a. Purpose of Servicers of Department of Veterans Affairs (VA) guaranteed loans may be SAPP granted authority, under Servicer Appraisal Processing Program (SAPP), to review liquidation appraisals, and issue the Notice of Value (NOV) without VA involvement.
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The servicer exercises its SAPP authority through an employee who is VA-approved as a SAPP Staff Appraisal Reviewer (SAR). Once a SAR has satisfied the SAPP training and initial case review requirements (see section 3 of this chapter), their SAPP authority may be used for eligible properties (those secured by VA-guaranteed loans) in any location within the United States and its territories.
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The purpose of SAPP is to reduce the time required for servicers of VA loans to receive the NOV. Important: It is the SAR’s responsibility to stay informed about any local VA processing requirements unique to the VA jurisdiction in which a property is located. b.
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Servicer To be granted SAPP authority, the servicer must have: Eligibility Requirements a VA servicer identification number (ID), an association with a single lender having a VA lender ID, and an effective quality control (QC) system that ensures the adequacy and quality of its SARs. (See section 6 of this chapter.) Note: Under SAPP, a servicer may only have an association with a single lender. c
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. c.
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SAR The servicer exercises its SAPP authority through an employee who is a VA- Eligibility approved SAR. A SAR must: Requirements be a full-time salaried employee of the lender/servicer, and have at least three years of work experience that qualifies him or her to competently perform administrative appraisal reviews.
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Continued on next page 18-2 VA Pamphlet 26-7, Revised Chapter 18: Servicer Appraisal Processing Program (SAPP) 1. Purpose and Eligibility Requirements, Continued c.
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SAR The SAR’s work experience must indicate that he or she has: Eligibility Requirements general knowledge of the principles, methods, practices, and techniques of (continued) appraising and the ability to apply that knowledge, the ability to review the work of others and recognize deviations from accepted appraisal principles and practices, the ability to detect errors in computations, and the
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ability to detect errors in computations, and the ability to detect conclusions that are not supported
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.
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It is also desirable for the SAR to have knowledge of general realty practices and principles related to real property valuation, skill in collecting and assembling data, and the ability to prepare clear and concise reports.
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Note: Three years experience related to the Housing and Urban Development (HUD) Direct Endorsement (DE) program satisfies the experience requirement, provided all other application requirements are satisfied. d. SAR There must be no conflict of interest between the SAR’s role and any other Conflicts of activities that he or she conducts.
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Examples of other activities that would Interest constitute a conflict of interest include, but are not limited to: the SAR being on the VA fee appraisal panel, or the SAR being employed by or performing appraisal review services for another lender/servicer. 18-3 VA Pamphlet 26-7, Revised Chapter 18: Servicer Appraisal Processing Program (SAPP) 2. Applying for Authority a.
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Applying for Authority a. Application The nominating senior officer of the servicer and the nominee must jointly and Fees complete the Staff Appraisal Reviewer (SAR) application. SAR applicants must attach a resume showing they possess the three years requisite experience outlined in section 1 of this chapter. A $100 processing fee must accompany the application package. b.
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Notification Department of Veterans Affairs (VA) Central Office will review the of VA Decision application and send a letter of preliminary approval or rejection. In some cases, VA will need to request additional information from both the nominee and the senior officer in order to make a determination.
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Receipt of a letter of preliminary approval will authorize the nominee to schedule Servicer Appraisal Processing Program (SAPP) SAR training. c. SAR ID VA will issue a permanent identification (ID) number for each SAR Number approved. The SAR always retains the same ID number, even when employed by a different servicer.
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When a SAR already has a Lender Appraisal Processing Program (LAPP) SAR ID number, the number will also be used as the SAPP SAR ID. d. SAR If a SAR begins work for a new servicer, the SAR’s SAPP authority Employed By automatically ceases and does not transfer to the new servicer.
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To reinstate New Servicer the SAR’s SAPP authority, the new servicer employer must promptly submit to VA: a new SAPP application, and a $100 processing fee.
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The servicer may request a waiver for the training and case review requirements for that SAR by including: the SAR’s VA-issued ID number on the application, and a statement that the SAR has processed SAPP cases within the last year. 18-4 VA Pamphlet 26-7, Revised Chapter 18: Servicer Appraisal Processing Program (SAPP) 3. Training and Initial Test Case Reviews a.
VA_Guidelines.txt
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Training and Initial Test Case Reviews a. Requirements Staff Appraisal Reviewers (SARs) with preliminary approval may not independently review liquidation appraisal reports and issue liquidation Notice of Values (NOVs), without the involvement of Department of Veterans Affairs (VA), until they receive final approval.
VA_Guidelines.txt
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To obtain final approval, the SAR must complete the following: attend Servicer Appraisal Processing Program (SAPP) SAR training, and successfully complete five initial test cases to demonstrate comprehension of VA liquidation appraisal review requirements to VA’s satisfaction.
VA_Guidelines.txt
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VA Central Office staff will provide SAPP SAR training at the request of the servicer and VA Regional Loan Center (RLC) staff will conduct the initial test case reviews. b. Test Case Upon completion of SAR training, SARs may begin submitting their test Procedures cases in The Appraisal System (TAS) for VA review.
VA_Guidelines.txt
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Only one test case should be pending at any time; SARs should not submit an additional test case until the results of a previously submitted test case are known. RLC staff will notify the SAR about the results of the review.
VA_Guidelines.txt
cd9c9a75-e000-490f-90e9-e154f55ee159
The RLC staff performing the review of test cases must complete the liquidation appraisal review and issue the NOV within five workdays from the date the case is submitted by the SAR. The following table outlines the steps for processing SAPP SAR test cases. Please note that these are the same steps for processing any SAPP cases, except for the requirement of VA involvement.
VA_Guidelines.txt
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Step Description 1 SAR accesses the VA E-Appraisal application in the Veterans Information Portal (VIP or Portal) and retrieves a SAPP appraisal. (Only SAPP appraisals associated with the SAR’s company may be retrieved
VA_Guidelines.txt
b080322d-8903-45bf-a6b6-7c250850508a
.) 2 SAR reviews the appraisal report for completeness and conformity with industry-accepted appraisal practices and techniques, and for compliance with applicable VA directives and general and liquidation appraisal requirements in chapter 11.
VA_Guidelines.txt
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The SAR must resolve any concerns with the appraiser. (Report any contact with the appraiser and the results in “Processing Notes” when issuing the NOV.) Continued on next page 18-5 VA Pamphlet 26-7, Revised Chapter 18: Servicer Appraisal Processing Program (SAPP) 3. Training and Initial Test Case Reviews, Continued b.
VA_Guidelines.txt
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Test Case Procedures (continued) Step Description 3 SAR determines the as-is value of the property, which must be supported by the reviewed appraisal report. (Make entries in “Processing Notes” to clarify or justify actions that are not self- explanatory.) 4 SAR accesses TAS in VIP, selects “Issue Liquidation NOV,” and inputs the required data to generate an NOV
VA_Guidelines.txt
1f4122f2-8439-4cc2-91a3-b3977ea09131
. (TAS will not allow SARs with preliminary approval to issue NOVs; they may only be saved as NOV test cases awaiting review by the RLC. (Upon receipt of SAR final approval, TAS will allow issuance of the NOV without VA involvement.) Note: The SAR must notify the RLC of jurisdiction when a test case has been submitted in TAS
VA_Guidelines.txt
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. 5 VA RLC staff will review the following for all test cases and a percentage of subsequent cases: appraisal report, any related documents, the saved test case NOV, and processing notes, for any contacts with the appraiser, processing delays and clarification and/or justification of processing actions. 6 VA staff will issue the NOV.
VA_Guidelines.txt
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The SAR will be notified of the result(s) of the VA test case review and the SAR’s performance file will be documented. c. Continuing As needed, VA will notify SAPP SARs of supplemental training Education by opportunities or additional training requirements. VA 18-6 VA Pamphlet 26-7, Revised Chapter 18: Servicer Appraisal Processing Program (SAPP) 4. Servicer Responsibilities a.
VA_Guidelines.txt
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Servicer Responsibilities a. SAPP Servicer Appraisal Processing Program (SAPP) authority is a privilege Privilege delegated to servicers at VA’s discretion. Servicers maintain this privilege by complying with all applicable SAPP-related requirements, including: Department of Veterans Affairs (VA) policies and procedures, VA regulations, and statutory requirements.
VA_Guidelines.txt