37-54-501. Appraisal management company registration. (1) (a) It is unlawful for a person to directly or indirectly engage in or attempt to engage in business as an appraisal management company or to advertise or hold itself out as engaging in or conducting business as an appraisal management company in this state without first obtaining a registration issued by the board.

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Terms Used In Montana Code 37-54-501

  • Appraisal: A determination of property value.
  • Appraisal: means the practice of developing an opinion of the value of real property in conformance with the uniform standards of professional appraisal practice as developed by the appraisal foundation. See Montana Code 37-54-102
  • Appraisal management company: means , in connection with valuation of properties collateralizing mortgage loans or mortgages incorporated into a securitization, an 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 this state or 25 or more nationally within a given year. See Montana Code 37-54-102
  • Appraisal management services: means the direct or indirect performance of any of the following functions on behalf of a lender, financial institution, client, or other person in conjunction with a consumer credit transaction that is secured by a consumer's principal dwelling:

    (a)administering an appraiser panel;

    (b)recruiting, retaining, or selecting appraisers to be part of an appraisal panel;

    (c)qualifying and verifying licensing or certification, negotiating fees, and verifying service level expectations with appraisers who are part of an appraiser panel;

    (d)contracting with appraisers from the appraiser panel to perform appraisal assignments;

    (e)receiving an order for an appraisal assignment from one person and delivering the order for the appraisal assignment to an appraiser who is part of an appraiser panel for completion;

    (f)managing the process of having an appraisal assignment performed, including performing administrative duties such as receiving appraisal assignment orders and reports, submitting completed appraisal reports to creditors and underwriters, collecting fees from creditors and underwriters for services provided, and reimbursing appraisers for services performed;

    (g)tracking and determining the status of orders for appraisal assignments;

    (h)conducting quality control examinations of a completed appraisal assignment prior to the delivery of the appraisal report to a client who ordered the appraisal assignment; and

    (i)providing a completed appraisal report performed by an appraiser to one or more clients. See Montana Code 37-54-102

  • Appraiser: means an individual who holds a license or certification to complete an appraisal assignment in the state where the real property that is the subject of the appraisal assignment is located. See Montana Code 37-54-102
  • Board: means the board of real estate appraisers provided for in 2-15-1758. See Montana Code 37-54-102
  • Controlling person: means :

    (a)an owner, officer, or director of a corporation, partnership, or other business entity that offers appraisal management services in this state;

    (b)an individual employed, appointed, or authorized by an appraisal management company to enter into a contractual relationship with other persons for the performance of appraisal management services and to enter into agreements with appraisers for the performance of appraisal assignments; or

    (c)an individual who possesses directly or indirectly the power to direct or cause the direction of the management or policies of an appraisal management company. See Montana Code 37-54-102

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Customary: means according to usage. See Montana Code 1-1-206
  • Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-54-102
  • Person: means an individual, firm, partnership, association, corporation, or other business entity. See Montana Code 37-54-102
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC

(b)An applicant for registration as an appraisal management company in this state shall submit an application to the board on forms prescribed by the department.

(c)If a registration process is not in effect on October 1, 2011, an appraisal management company already conducting business in this state may continue to conduct business in accordance with this chapter until 120 days after a registration process becomes available. Upon expiration of the 120-day period, the appraisal management company must be registered as required by this chapter in order to continue to provide or offer to provide appraisal management services in this state.

(2)An application for the registration required by subsection (1) must include the following information:

(a)the name of the person seeking registration and the fictitious name or names, if any, under which the person does business in any state;

(b)the business address of the person seeking registration;

(c)the phone contact information of the person seeking registration;

(d)if the appraisal management company is not a corporation domiciled in this state, the name and contact information for the company’s designated contact for service of process in this state;

(e)the name, address, and contact information for one controlling person within the appraisal management company;

(f)a certification that the person has a system and process in place to verify that an individual holds a license in good standing in this state pursuant to 37-54-202 if a license or certification is required to perform appraisal assignments;

(g)a certification that the person requires appraisers completing appraisal assignments at its request to comply with the uniform standards of professional appraisal practice, including the requirements for geographic and product competence;

(h)a certification that the person has a system in place to verify that only licensed or certified appraisers are used for federally related transactions;

(i)a certification that the person has a system in place to require that appraisals are conducted independently and free from inappropriate influence and coercion as required by the appraisal independence standards established under section 129E of the Truth in Lending Act of 1968, 15 U.S.C. § 1601, et seq., including the requirement that the fee appraisers be compensated at a customary and reasonable rate when the appraisal management company is providing services for a consumer credit transaction secured by the principal dwelling of a consumer;

(j)a certification that the person maintains a detailed record of each service request that it receives and the appraiser that performs the appraisal service for the appraisal management company;

(k)an irrevocable uniform consent to service of process; and

(l)any other information required by the board that is reasonably necessary to implement this chapter.

(3)An application for renewal of a registration must include information substantially similar to that required for the initial registration in subsection (2), as determined by the board.

(4)Renewals of registered appraisal management companies must be in accordance with 37-1-141. The department shall provide notice to an appraisal management company prior to the renewal date.