On April 2, 2018, the OCC, Board of Governors of the Federal Reserve System and the FDIC issued a final rule that exempts commercial real estate transactions of $500,000 or less from the appraisal requirements promulgated under Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. The final rule raises the threshold from $250,000 to $500,000, for which appraisals are not required in connection with commercial real estate transactions. The agencies originally proposed to increase the threshold to $400,000, but they determined that an increase to $500,000 would not pose a threat to the safety and soundness of financial institutions, and would result in a material reduction in the compliance- related regulatory burden for financial institutions. For purposes of the final rule, "commercial real estate transaction" is defined as "a real estate-related financial transaction that is not secured by a single 1-to-4 family residential property." The final rule clarifies that construction loans of $500,000 or less secured by a single 1-to-4 family residential property are not exempted from the appraisal requirement. In lieu of an appraisal, financial institutions are required to obtain an evaluation of the collateral that is sufficient to support the institution's decision to engage in the transaction and consistent with safe and sound business practices. The final rule took effect on April 9, 2018.
The full text of the final rule is available at: https://www.gpo.gov/fdsys/pkg/FR-2018-04-09/pdf/2018-06960.pdf.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.