1. (a) A license holder must review the work of appraisers performing appraisal services on 1-4 family unit properties collateralizing mortgage obligations by performing a review in accordance with Standard 3 of USPAP of:

   1. (1) one of the first five appraisals performed for the license holder by each appraiser, prior to making a sixth assignment; and
   2. (2) a total of five percent, randomly selected, of the appraisals performed for the AMC for each twelve-month period following the date of the AMC's registration.
2. (b) Appraisals performed pursuant to subsection (a)(1) of this section will be counted toward the calculation of five percent for the purposes of subsection (a)(2) of this section.
3. (c) A review pursuant to subsection (a)(1) of this section is not required if the first five appraisals by an appraiser were completed before the AMC was required by the AMC Act to be registered with the Board.
4. (d) In addition to satisfying the requirements of §1104.153 of the AMC Act, the review appraiser must have access to appropriate data sources for the appraisal being reviewed.

5. (e) An appraiser is qualified to perform an appraisal review within the meaning of §1104.153 of the AMC Act if the appraiser conducting the review:

   1. (1) is licensed or certified to act as an appraiser in Texas or another jurisdiction;
   2. (2) holds the appropriate credential to have performed the appraisal being reviewed; and
   3. (3) does not develop an opinion of value.

6. (f) An appraiser conducting a review under §1104.155 of the AMC Act and this rule must ensure compliance with:

   1. (1) USPAP; and
   2. (2) §1104.154 of the AMC Act.

7. (g) In order to satisfy the requirements of §1104.155 of the AMC Act, this rule and USPAP, a license holder performing a review must adhere to the following minimum scope of work:

   1. (1) research and consult the appropriate data sources for the appraisal being reviewed to, at a minimum, validate the significant characteristics of the comparables and the essential elements of the transactions including:

      1. (A) the multiple listing service(s) or other recognized methods, techniques and data sources for the geographic area in which the appraisal under review was performed, if the appraisal under review included a sales comparison approach;
      2. (B) published cost data sources and other recognized methods, techniques and data sources for the geographic area in which the appraisal under review was performed, if the appraisal under review included a cost approach;
      3. (C) the comparable rental data, income and expense data, and other recognized methods, techniques and data sources for the geographic area in which the appraisal under review was performed, if the appraisal under review included an income approach; and
      4. (D) the sales or listing history of the property which is the subject of the appraisal under review, if that property was sold within the three years prior to the effective date of the appraisal under review or listed for sale as of the effective date of the appraisal under review;
   2. (2) state the reviewer's opinions and conclusions about the work under review for each of the approaches to value utilized in the appraisal under review, including the reason for any disagreements;
   3. (3) identify if the appraisal under review omitted an approach to value, a particular piece of information, or an analysis of either that was necessary for credible assignment results, identify what was omitted and explain why it was necessary for credible assignment results;
   4. (4) identify the client, any intended users and the effective date of the appraisal review;
   5. (5) state that the appraisal review's intended use and purpose is to satisfy the requirements of §1104.155 of the AMC Act and this rule, including ensuring that the appraisal under review complies with the USPAP edition in effect at the time of the appraisal;
   6. (6) state that the scope of work for the appraisal review is commensurate with the requirements of §1104.155 of the AMC Act, this rule and USPAP edition in effect at the time of the appraisal review and that the scope of work ensures the development of credible assignment results and that no assignment conditions impose limitations which make the results of the review not credible;

   7. (7) identify the appraisal under review, including:

      1. (A) any ownership interest of the appraiser or reviewer in the property that is the subject of the appraisal under review;
      2. (B) the report date and effective date of the appraisal under review;
      3. (C) the effective date of the opinions or conclusions in the appraisal under review;
      4. (D) the physical, legal, and economic characteristics of the property, properties, property type(s), or market area in the appraisal under review; and
      5. (E) the name of all appraisers who signed or provided significant professional assistance in the appraisal under review;
   8. (8) state clearly and conspicuously, all extraordinary assumptions and hypothetical conditions and state that their use might have affected the review; and
   9. (9) contain a certification which complies with USPAP Standards Rule 3-6.
8. (h) While not required by §1104.155 of the AMC Act or this rule, if the reviewer elects to develop an opinion of value, review opinion, or real property appraisal consulting conclusion, the review must comply with the additional provisions of USPAP governing the development of an opinion of value, review opinion, or real property appraisal consulting conclusion.

Source Note:The provisions of this §159.155 adopted to be effective March 5, 2012, 37 TexReg 483; amended to be effective December 4, 2012, 37 TexReg 9509; amended to be effective September 11, 2013, 38 TexReg 5879; amended to be effective December 14, 2014, 39 TexReg 9668; amended to be effective December 10, 2017, 42 TexReg 6927.