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Title 12 — Banks and Banking

Chapter 34A — Appraisal Subcommittee of Federal Financial Institutions Examination Council

§ 3350. Definitions

Statutory text

For purposes of this chapter:

(1)

State appraiser certifying and licensing agency

The term “State appraiser certifying and licensing agency” means a State agency established in compliance with this chapter.

(2)

Appraisal Subcommittee; subcommittee

The terms “Appraisal Subcommittee” and “subcommittee” mean the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.

(3)

Council

The term “Council” means the Federal Financial Institutions Examinations Council.

(4)

Federally related transaction

The term “federally related transaction” means any real estate-related financial transaction which—

(A)

a federal financial institutions regulatory agency or the Resolution Trust Corporation engages in, contracts for, or regulates; and

(B)

requires the services of an appraiser.

(5)

Real estate related financial transaction

The term “real estate-related financial transaction” means any transaction involving—

(A)

the sale, lease, purchase, investment in or exchange of real property, including interests in property, or the financing thereof;

(B)

the refinancing of real property or interests in real property; and

(C)

the use of real property or interests in property as security for a loan or investment, including mortgage-backed securities.

(6)

Federal financial institutions regulatory agencies

The term “Federal financial institutions regulatory agencies” means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, and the National Credit Union Administration.

(7)

Financial institution

The term “financial institution” means an insured depository institution as defined in section 1813 of this title or an insured credit union as defined in section 1752 of this title.

(8)

Chairperson

The term “Chairperson” means the Chairperson of the Appraisal Subcommittee selected by the Council.

(9)

Foundation

The terms “Appraisal Foundation” and “Foundation” means the Appraisal Foundation established on , as a not for profit corporation under the laws of Illinois.

(10)

Written appraisal

The term “written appraisal” means a written statement used in connection with a federally related transaction that is independently and impartially prepared by a licensed or certified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by presentation and analysis of relevant market information.

(11)

Appraisal management company

The term “appraisal management company” means, in connection with valuing properties collateralizing mortgage loans or mortgages incorporated into a securitization, any external third party authorized either by a creditor of a consumer credit transaction secured by a consumer’s principal dwelling or by an underwriter of or other principal in the secondary mortgage markets, that oversees a network or panel of more than 15 certified or licensed appraisers in a State or 25 or more nationally within a given year—

(A)

to recruit, select, and retain appraisers;

(B)

to contract with licensed and certified appraisers to perform appraisal assignments;

(C)

to manage the process of having an appraisal performed, including providing administrative duties such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and underwriters, collecting fees from creditors and underwriters for services provided, and reimbursing appraisers for services performed; or

(D)

to review and verify the work of appraisers.

(12)

State credentialed trainee appraiser

The term “State credentialed trainee appraiser” means an individual who—

(A)

meets the minimum criteria established by the Appraiser Qualification Board for a trainee appraiser credential; and

(B)

is credentialed by a State appraiser certifying and licensing agency.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Financial Institutions Reform, Recovery, and Enforcement Act of 1989

    Pub. L. 101–73 title XI § 1121 · 103 Stat. 183

    Enacted · 12 U.S.C. § 3350

    Pub. L. 101–73, title XI, § 1121, Aug. 9, 1989, 103 Stat. 517

    Source evidence

    Code source credit
    Pub. L. 101–73, title XI, § 1121, Aug. 9, 1989, 103 Stat. 517

    Enacted provision · exact public law section
    SEC. 1121. DEFINITIONS. For purposes of this title: (1) State appraiser certifying and licensing agency.— The term “State appraiser certifying and licensing agency” means a State agency established in compliance with this title. (2) Appraisal subcommittee; subcommittee.— The terms “Appraisal Subcommittee” and “subcommittee” mean the Appraisal Subcommittee of the Federal Financial Institutions Examination Council. (3) Council.— The term “Council” means the Federal Financial Institutions Examinations Council. (4) Federally related transaction.— The term “federally related transaction” means any real estate-related financial transaction which— (A) a federal financial institutions regulatory agency or the Resolution Trust Corporation engages in, contracts for, or regulates; and (B) requires the services of an appraiser. (5) Real estate related financial transaction.— The term “real estate-related financial transaction” means any transaction involving— (A) the sale, lease, purchase, investment in or exchange of real property, including interests in property, or the financing thereof; (B) the refinancing of real property or interests in real property; and (C) the use of real property or interests in property as security for a loan or investment, including mortgage-backed securities. (6) Federal financial institutions regulatory agencies.— The term “Federal financial institutions regulatory agencies” means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporations, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, and the National Credit Union Administration. (7) Financial institution.— The term “financial institution” means an insured depository institution as defined in section 3 of the Federal Deposit Insurance Act or an insured credit union as defined in section 101 of the Federal Credit Union Act. (8) Chairperson.— The term “Chairperson” means the Chairperson of the Appraisal Subcommittee selected by the council. (9) Foundation.— The terms “Appraisal Foundation” and “Foundation” means the Appraisal Foundation established on November 30, 1987, as a not for profit corporation under the laws of Illinois. (10) Written appraisal.— The term “written appraisal” means a written statement used in connection with a federally related transaction that is independently and impartially prepared by a licensed or certified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by presentation and analysis of relevant market information.

  2. Mortgage Reform and Anti-Predatory Lending Act

    Pub. L. 111–203 § 1473(t)(2) · 124 Stat. 1376

    Substituted · 12 U.S.C. § 3350(6)

    Pub. L. 111–203, § 1473(t)(2), substituted “Corporation,” for “Corporations,”

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 111–203, § 1473(t)(2), substituted “Corporation,” for “Corporations,”.

    Enacted provision · exact public law section
    (2) Section 1121(6) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3350(6)) is amended by striking “Corporations,” and inserting “Corporation,”.

    Effective date note
    Amendment by Pub. L. 111–203 effective on the date on which final regulations implementing that amendment take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as a note under section 1601 of Title 15, Commerce and Trade.

  3. Mortgage Reform and Anti-Predatory Lending Act

    Pub. L. 111–203 § 1473(t)(3) · 124 Stat. 1376

    Substituted · 12 U.S.C. § 3350(8)

    Pub. L. 111–203, § 1473(t)(3), substituted “Council” for “council”

    Source evidence

    Code amendment note
    Par. (8). Pub. L. 111–203, § 1473(t)(3), substituted “Council” for “council”.

    Enacted provision · exact public law section
    (3) Section 1121(8) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3350(8)) is amended by striking “council” and inserting “Council”.

    Effective date note
    Amendment by Pub. L. 111–203 effective on the date on which final regulations implementing that amendment take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as a note under section 1601 of Title 15, Commerce and Trade.

  4. Mortgage Reform and Anti-Predatory Lending Act

    Pub. L. 111–203 § 1473(f)(4) · 124 Stat. 1376

    Added · 12 U.S.C. § 3350(11)

    Pub. L. 111–203, § 1473(f)(4), added par. (11)

    Source evidence

    Code amendment note
    Par. (11). Pub. L. 111–203, § 1473(f)(4), added par. (11).

    Enacted provision · exact public law section
    (4) Appraisal management company definition.— Section 1121 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3350) is amended by adding at the end the following: “(11) Appraisal management company.— The term ‘appraisal management company’ means, in connection with valuing properties collateralizing mortgage loans or mortgages incorporated into a securitization, any external third party authorized either by a creditor of a consumer credit transaction secured by a consumer’s principal dwelling or by an underwriter of or other principal in the secondary mortgage markets, that oversees a network or panel of more than 15 certified or licensed appraisers in a State or 25 or more nationally within a given year— “(A) to recruit, select, and retain appraisers; “(B) to contract with licensed and certified appraisers to perform appraisal assignments; “(C) to manage the process of having an appraisal performed, including providing administrative duties such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and underwriters, collecting fees from creditors and underwriters for services provided, and reimbursing appraisers for services performed; or “(D) to review and verify the work of appraisers.” .

    Effective date note
    Amendment by Pub. L. 111–203 effective on the date on which final regulations implementing that amendment take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as a note under section 1601 of Title 15, Commerce and Trade.

  5. Pub. L. 119–101 title IV § 403(c)(4) · 140 Stat. 901

    Added · 12 U.S.C. § 3350(12)

    Pub. L. 119–101 added par. (12)

    Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Par. (12). Pub. L. 119–101 added par. (12).

4 of 5 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

Amendments2010–2026 · 2 rounds

2026

Par. (12). Pub. L. 119–101 added par. (12).

2010

Par. (6). Pub. L. 111–203, § 1473(t)(2), substituted “Corporation,” for “Corporations,”.

Par. (8). Pub. L. 111–203, § 1473(t)(3), substituted “Council” for “council”.

Par. (11). Pub. L. 111–203, § 1473(f)(4), added par. (11).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the date on which final regulations implementing that amendment take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as a note under section 1601 of Title 15, Commerce and Trade.

Credits

1989–2026 · 3 acts
  1. 1989Pub. L. 101–73, title XI, § 1121, , 103 Stat. 517
  2. 2010Pub. L. 111–203, title XIV, § 1473(f)(4), (t)(2), (3), , 124 Stat. 2193, 2199
  3. 2026Pub. L. 119–101, title IV, § 403(c)(4), , 140 Stat. 901.
Show as published

(Pub. L. 101–73, title XI, § 1121, , 103 Stat. 517; Pub. L. 111–203, title XIV, § 1473(f)(4), (t)(2), (3), , 124 Stat. 2193, 2199; Pub. L. 119–101, title IV, § 403(c)(4), , 140 Stat. 901.)

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