12 U.S.C. § 3349 — Violations in obtaining and performing appraisals in federally related transactions
submitted 37 years ago by Pub. L. 101-73 to r/title-12-BANKS-AND-BANKING · 216 words · no verdicts yet
It addresses violations in obtaining and performing appraisals in federally related transactions. It sets the prohibited conduct and enforcement rules stated in the section.
(a) Violations Except as authorized by the Appraisal Subcommittee* in exercising its waiver authority under section 3348(b) of this title , it is a violation of this section—
(1) for a financial institution* to seek, obtain, or give money or any other thing of value in exchange for the performance of an appraisal by a person* who the institution knows is not a State* certified or licensed appraiser in connection with a federally related transaction*; and
(2) for the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or the Resolution Trust Corporation to knowingly contract for the performance of any appraisal by a person who is not a State certified or licensed appraiser in connection with a real estate related financial transaction defined in section 3350(5) of this title to which such association or corporation is a party.
(b) Penalties A financial institution that violates subsection (a)(1) is subject to civil penalties under section 1818(i)(2) of this title or section 1786(k)(2) of this title , as appropriate.
(c) Proceeding A proceeding about a violation of this section is an administrative proceeding which can be conducted by a Federal financial institutions regulatory agency under the procedures set forth in subchapter II of chapter 5 of title 5.
Except as authorized by the Appraisal Subcommittee* in exercising its waiver authority pursuant to section 3348(b) of this title, it shall be a violation of this section—
for a financial institution* to seek, obtain, or give money or any other thing of value in exchange for the performance of an appraisal by a person* who the institution knows is not a State* certified or licensed appraiser in connection with a federally related transaction*; and
for the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or the Resolution Trust Corporation to knowingly contract for the performance of any appraisal by a person who is not a State certified or licensed appraiser in connection with a real estate related financial transaction defined in section 3350(5) of this title to which such association or corporation is a party.
A financial institution that violates subsection (a)(1) shall be subject to civil penalties under section 1818(i)(2) of this title or section 1786(k)(2) of this title, as appropriate.
A proceeding with respect to a violation of this section shall be an administrative proceeding which may be conducted by a Federal financial institutions regulatory agency in accordance with the procedures set forth in subchapter II of chapter 5 of title 5.
Source credit: (Pub. L. 101–73, title XI, § 1120, Aug. 9, 1989, 103 Stat. 517.)
- 1989Enacted · Pub. L. 101-73 · 103 Stat. 517
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-73 on 1989-08-09.
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