Appraisal Management Company (AMC): What it is in Real Estate

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Appraisal Management Company (AMC): What it is in Real Estate

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What Is an Appraisal Management Company (AMC)?

An Appraisal Management Company (AMC) is an independent entity through which mortgage lenders order residential real estate valuation services for properties on which they are considering extending loans to homebuyers.

AMCs fulfill an administrative function in the appraisal process, including selecting an appraiser and delivering the appraisal report to the lender. Individual appraisers who work for AMCs provide the actual property valuation services.

Key Takeaways

  • An Appraisal Management Company (AMC) is an independent real estate appraisal company hired by a lender to perform valuations on potentially mortgaged properties.
  • AMCs select state-licensed or state-qualified appraisers to valuate properties and deliver appraisal reports to lenders.
  • Customers seeking a mortgage on a prospective property, lenders, and mortgage brokers cannot choose the appraiser.
  • The U.S. government developed appraiser independence guidelines, restricting the influence lenders have on appraisers.

Understanding Appraisal Management Companies (AMC)

AMCs have been a part of the real estate landscape for the past 50 years. However, their numbers remained limited until the financial crisis of 2007 to 2008.

In 2009, the New York Attorney General, government-sponsored enterprises Freddie Mac and Fannie Mae, and the Federal Housing Finance Agency (FHFA) established the Home Valuation Code of Conduct (HVCC) appraisal guidelines. The HVCC guidelines, no longer on the books, laid the foundation for the appraiser independence found in the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Truth in Lending Act. Laws obligating lenders to use independent appraisers led to a sharp rise in the use and number of AMCs.

The HVCC and later federal regulation sought to limit the amount of direct contact that lenders could have with appraisers. Essentially, the U.S. federal government created appraiser independence requirements to prevent lenders from influencing appraisers to inflate property values, a problem believed to have contributed to the housing crisis.

With an AMC, mortgage brokers, loan officers, nor homeowners may select the appraiser for the property on which they want to lend/borrow funds. Since the former parties have a financial interest in the transaction, there is a risk they might attempt to influence the appraiser to assign a higher value to the property than market conditions support so the transaction will go through.

When the system works correctly, the AMC chooses an appraiser with local knowledge of the market for the property being appraised.

Appraisal Management Company (AMC) Requirements

AMCs maintain a pool of state-licensed or state-qualified appraisers to meet requests from lending institutions. An appraiser is then assigned to provide an appraisal report for the property.

AMC appraisers are not provided with any prior information regarding the property or put in contact with the lending institution. The appraiser’s assessment must meet the Uniform Standards of Professional Appraisal Practice (USPAP) guidelines. If there are any issues, the AMC can legally assist.

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American Dream: What Is the American Dream? Examples and How to Measure It

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What Is the American Dream? Examples and How to Measure It

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What Is the American Dream?

The American dream is the belief that anyone, regardless of where they were born or what class they were born into, can attain their own version of success in a society in which upward mobility is possible for everyone.

The American dream is believed to be achieved through sacrifice, risk-taking, and hard work, rather than by chance.

Key Takeaways

  • The term “American dream” was coined in a best-selling book in 1931 titled Epic of America. 
  • James Truslow Adams described it as “that dream of a land in which life should be better and richer and fuller for everyone, with opportunity for each according to ability or achievement.”
  • The American dream was aided by a number of factors that gave the United States a competitive advantage over other countries.
  • Homeownership and education are often seen as paths to achieving the American dream.
  • Though the definition of the American Dream has changed to mean different things to different generations, it’s undoubtedly part of the American ethos, and likely always will be.

Understanding the American Dream

The term was coined by writer and historian James Truslow Adams in his best-selling 1931 book Epic of America. He described it as “that dream of a land in which life should be better and richer and fuller for everyone, with opportunity for each according to ability or achievement.”

Adams went on to explain, “It is a difficult dream for the European upper classes to interpret adequately, and too many of us ourselves have grown weary and mistrustful of it. It is not a dream of motorcars and high wages merely, but a dream of social order in which each man and woman shall be able to attain to the fullest stature of which they are innately capable, and be recognized by others for what they are, regardless of the fortuitous circumstances of birth or position.”

The idea of the American dream has much deeper roots. Its tenets can be found in the Declaration of Independence, which states: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.”

In a society based on these principles, an individual can live life to its fullest as they define it. America also grew mostly as a nation of immigrants who created a nation where becoming an American—and passing that citizenship to your children—didn’t require being the child of an American.

Advantages and Disadvantages of the American Dream

Advantages

Achieving the American dream requires political and economic freedom, as well as rules of law and private property rights. Without them, individuals cannot make the choices that will permit them to attain success, nor can they have confidence that their achievements will not be taken away from them through arbitrary force.

The American dream promises freedom and equality. It offers the freedom to make both the large and small decisions that affect one’s life, the freedom to aspire to bigger and better things and the possibility of achieving them, the freedom to accumulate wealth, the opportunity to lead a dignified life, and the freedom to live in accordance with one’s values—even if those values are not widely held or accepted.

The books of post-Civil War writer Horatio Alger, in which impoverished but hardworking teenage boys rise to success through pluck, determination, and good fortune, came to personify realizing the Dream.

The American dream also offers the promise that the circumstances of someone’s birth—including whether they were born American citizens or immigrants—do not completely determine their future.

Disadvantages

Terming it a “dream” also carries with it the notion that these ideals aren’t necessarily what has played out in the lives of many actual Americans and those who hope to become Americans. The criticism that reality falls short of the American dream is at least as old as the idea itself. The spread of settlers into Native American lands, slavery, the limitation of the vote (originally) to white male landowners, and a long list of other injustices and challenges have undermined the realization of the dream for many who live in the United States.

As income inequality has increased substantially since the 1970s, the American dream has begun to seem less attainable for those who aren’t already affluent or born into affluence. According to U.S. Census family income data, real family income began to grow much more among the top income group than among other segments of American society.

These realities, however, do not diminish the luster of the American dream as an ideal and a beacon to all nations.

Pros

  • The American dream promises freedom and equality.

  • The ideals of the American dream are motivating, including the freedom to be in charge of one’s own life.

Cons

  • The reality of the American dream often falls short of the idea itself.

  • As income inequality has increased, the American dream has seemed less attainable.

How to Measure the American Dream

Today, homeownership is frequently cited as an example of attaining the American dream. It is a symbol of financial success and independence, and it means the ability to control one’s own dwelling place instead of being subject to the whims of a landlord. Owning a business and being one’s own boss also represents the American dream fulfillment. In addition, access to education and healthcare have been cited as elements of the Dream.

Homeownership has steadily increased over time in the U.S., reflecting a key aspect of owning your own property as a sign of achieving the American Dream. For example, the homeownership rate at the end of 2020 was 65.8%, reflecting an increase of 0.7% higher than the previous year. Entrepreneurship has always been important to the U.S. economy too. In 2019, small businesses created 1.6 million net jobs alone.

Owning property, one’s own business, and carving a life of one’s own making is all part of the American dream, and the U.S. as a first-world country also offers the benefits of pursuing these passions, without having to worry about basics such as accessing good education and healthcare.

Special Considerations

In her book Spreading the American Dream: American Economic and Cultural Expansion, 1890-1945, sociologist Emily S. Rosenberg identifies five components of the American dream that have shown up in countries around the world. These include the following:

  • The belief that other nations should replicate America’s development
  • Faith in a free market economy
  • Support for free trade agreements and foreign direct investment
  • Promotion of a free flow of information and culture
  • Acceptance of government protection of private enterprise

The American dream was aided by a number of factors that gave the United States a competitive advantage over other countries. For starters, it is relatively isolated geographically, compared to many other countries, and enjoys a temperate climate. It has a culturally diverse population that businesses use to foster innovation in a global landscape. Abundant natural resources—including oil, arable land, and long coastlines—generate food and income for the country and its residents.

“The American Dream” has always been about the prospect of success, but 100 years ago, the phrase meant the opposite of what it does now. The original “American Dream” was not a dream of individual wealth; it was a dream of equality, justice, and democracy for the nation used in the early 1900s The phrase was repurposed by each generation, until the Cold War, when it became an argument for a consumer capitalist version of democracy. Our ideas about the “American Dream” froze in the 1950s. Today, it doesn’t occur to anybody that it could mean anything else.

What Is the Original American Dream?

The phrase “American dream” was often used by Progressive-era reformers of the 1900s. Rather than exalting the pursuit of wealth, they sought to tame monopoly capitalism and protect workers and communities from robber barons. This concept was popularized by writer and historian James Truslow Adams in his best-selling 1931 book Epic of America. He described it as “that dream of a land in which life should be better and richer and fuller for everyone, with opportunity for each according to ability or achievement.”

What Are Examples of the American Dream?

Examples of the American Dream include owning your own house, starting a family, and having a stable job or owning your own business.

Is the American Dream Still Achievable?

It’s widely debated if the American Dream is still achievable, and what that achievement even entails. Indeed, today, many people wonder if they can keep up with rising housing costs and interest payments on loans needed to purchase things like homes and cars. Moreover, American’s need to save for their own retirement and pay large out-of-pocket costs for healthcare and higher education, which can leave families saddled with high-interest debt that is hard to crawl back from.

What Is the American Dream in Dr. Martin Luther King’s Speech?

Dr. Martin Luther King Jr.’s famous speech referenced the concept of the American dream by stating: “I have a dream that one day this nation will rise up and live out the true meaning of its creed: ‘We hold these truths to be self-evident; that all men are created equal.'” Since the early 1960s, Dr. King had pondered and preached about how African Americans didn’t get a chance to access the reality of the American dream because they were not truly equal to white men and women. Ultimately, Dr. King’s “American dream” was equality.

How Has the American Dream Changed?

Over time, the American dream has shifted from an ethos of equality and solidarity to one of individualistic competition to succeed materialistically, fueled by consumption. In the 1990s and early 2000s, mortgage company Fannie Mae began promulgating the notion that buying a home was a cornerstone of the American Dream, and use the term prominently in ads selling home loans. This ideology led to the housing boom and ultimate bubble that popped ultimately, leading to the 2008-09 financial crisis.

The Bottom Line

The concept of the American dream is still one of the most uniquely “American” ideals—the ultimate idea that any individual should be able to pursue their dreams and build the life they want if they put in the hard work. This motivating drive influences the economy with entrepreneurship and individual ambition, infusing a romantic notion to anyone trying to be successful in the United States. Though the definition of the American Dream has changed to mean different things to different generations, it’s undoubtedly part of the American ethos, and always will be.

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Asset Retirement Obligation: Definition and Examples

Written by admin. Posted in A, Financial Terms Dictionary

Annualized Income Definition, Formula, Example

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What Is Asset Protection?

Asset protection is the adoption of strategies to guard one’s wealth. Asset protection is a component of financial planning intended to protect one’s assets from creditor claims. Individuals and business entities use asset protection techniques to limit creditors’ access to certain valuable assets while operating within the bounds of debtor-creditor law.

Key Takeaways

  • Asset protection refers to strategies used to guard one’s wealth from taxation, seizure, or other losses.
  • Asset protection helps insulate assets in a legal manner without engaging in the illegal practices of concealment (hiding of the assets), contempt, fraudulent transfer (as defined in the 1984 Uniform Fraudulent Transfer Act), tax evasion, or bankruptcy fraud.
  • Jointly-held property under the coverage of tenants by entirety can work as a form of asset protection.

Understanding Asset Protection

Asset protection helps insulate assets in a legal manner without engaging in the illegal practices of concealment (hiding of the assets), contempt, fraudulent transfer (as defined in the 1984 Uniform Fraudulent Transfer Act), tax evasion, or bankruptcy fraud.

Experts advise that effective asset protection begins before a claim or liability occurs since it is usually too late to initiate any worthwhile protection after the fact. Some common methods for asset protection include asset protection trusts, accounts-receivable financing, and family limited partnerships (FLP).

If a debtor has few assets, bankruptcy may be considered the more favorable route compared to establishing a plan for asset protection. If significant assets are involved, however, proactive asset protection is typically advised.

Certain assets, such as retirement plans, are exempt from creditors under United States federal bankruptcy and ERISA (the Employee Retirement Income Security Act of 1974) laws. In addition, many states allow exemptions for a specified amount of home equity in a primary residence (homestead) and other personal property such as clothing.

Asset Protection and Real Estate

Jointly-held property under the coverage of tenants by entirety can work as a form of asset protection. Married couples who hold mutual interest in property under tenants by entirety share a claim to a whole piece of property and not subdivisions of it.

The combined ownership of the property means that creditors who have liens and other claims against one spouse cannot attach the property for their debt reclamation efforts. If a creditor has claims against both spouses, the tenants by entirety stipulations would not protect the asset from being pursued by that creditor.

Some attempts at asset protection include putting the property or financial resource in the name of a family member or other trusted associate. For example, an heir might be gifted ownership of real estate or other property while the actual owner continues to reside in the property or make use of it. This could complicate efforts to seize property as actual ownership must be determined. Financial accounts may also be domiciled in offshore banks in order to legally avoid paying taxes against those funds.

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48-Hour Rule

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What Is the 48-Hour Rule?

The 48-hour rule is a requirement that sellers of to-be-announced (TBA) mortgage-backed securities (MBS) communicate all pool information regarding the MBS to buyers before 3 p.m. Eastern Time, 48 hours before the settlement date of the trade. The Securities Industry and Financial Markets Association (SIFMA) enforces this rule. SIFMA was formerly known as the Public Securities Association or Bond Market Association.

Key Takeaways

  • The 48-hour rule refers to a part of the mortgage allocation process related to the buying and selling of to-be-announced (TBA) mortgage-backed securities (MBS).
  • The 48-hour rule stipulates that the seller of an MBS notifies the buyer with the details of the underlying mortgages that make up the MBS by 3 p.m. Eastern Time, 48 hours before the settlement date.
  • The Securities Industry and Financial Markets Association (SIFMA) enforces the 48-hour rule.
  • When an MBS is traded in the secondary market, the underlying mortgages are not known, which helps facilitate trading and liquidity.
  • Certain information is agreed upon when an MBS trade is made, such as the price, par, and coupon, but not the underlying mortgages.
  • The TBA market is the second most traded secondary market after the U.S. Treasury market.

Understanding the 48-Hour Rule

An MBS is a bond that is secured, or backed, by mortgage loans. Loans with similar traits are grouped to form a pool. The pool is then sold as a security to investors. The issuance of interest and principal payments to investors is at a rate based on the principal and interest payments made by the borrowers of the underlying mortgages. Investors receive interest payments monthly rather than semiannually.

A to-be-announced (TBA) trade is effectively a contract to buy or sell mortgage-backed securities (MBS) on a specific date. It does not include information regarding the pool number, the number of pools, or the exact amount involved in the transaction, which means the underlying mortgages are not known to the parties. This exclusion of data is due to the TBA market assuming that MBS pools are more or less interchangeable. This interchangeability helps facilitate trading and liquidity.

The 48-hour rule is part of the mortgage allocation process, the period when the underlying mortgages will be assigned and made available to a specific MBS, which was created to bring transparency to TBA trade settlements.

The 48-hour rule states that the seller of a specific MBS must make the buyer of that MBS aware of the mortgages that make up the MBS 48 hours prior to the trade settling. Because of the standard T+3 settlement date, this usually occurs on the day after the trade is executed.

The 48-Hour Rule as Part of the TBA Process

The TBA process benefits buyers and sellers because it increases the liquidity of the MBS market by taking thousands of different mortgage-backed securities with different characteristics and trading them through a handful of contracts.

Buyers and sellers of TBA trades agree on a few necessary parameters such as issuer maturity, coupon, price, par amount, and settlement date. The specific securities involved in the trade are announced 48 hours before the settlement.

The TBA market was established in the 1970s to facilitate the trading of MBS issued by Fannie Mae, Freddie Mac, and Ginnie Mae. It allows mortgage lenders to hedge their origination pipelines.

The TBA market is the most liquid secondary market for mortgage loans, resulting in high levels of market activity. In fact, the amount of money traded on the TBA market is second only to the U.S. Treasury market.

Example of the 48-Hour Rule

Company ABC decides to sell a mortgage-backed security (MBS) to Company XYZ and Company XYZ accepts. The sale will take place on Tuesday. On Tuesday, when the sale is made, neither Company ABC nor Company XYZ knows the underlying mortgages that make up the mortgage-backed security (MBS).

The standard industry settlement is T+3 days, meaning this trade will settle on Friday. According to the 48-hour rule, on Wednesday before 3 p.m. Eastern Time, Company ABC will have to notify Company XYZ of the mortgage allocations it will receive when the trade settles.

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