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Two Roads Diverged - Conway


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Two Roads Diverged - Conway

  1. 1. CLICK TO EDIT MASTER TITLE STYLE © 2016 SunTrust Banks, Inc. SunTrust is a federally registered trademark of SunTrust Banks, Inc. 2 ROADS DIVERGED: APPRAISAL IAG BUT NO ENV. IEG – WHY? May 2, 2017 By: K.C. Conway, MAI, CRE
  2. 2. Disclaimer: Upfront and Not in fine print… Neither EDR nor SunTrust Bank make any representations or warranties about the accuracy or suitability of any information in this presentation. Neither EDR nor SunTrust Bank guarantee, warrant, or endorse the advice or services of K.C. Conway, MAI, CRE … but we do hang out and pontificate over the economy & real estate trends Nor is there any relationship between Conway Tweety, Tim Conway, KellyAnne Conway & Trump Administration. And I have not met with or spoken to any Russian authorities in advance of this presentation. This presentation consists of materials prepared exclusively by K.C. Conway, MAI, CRE, and is provided during this meeting solely for informational purposes of PRISM-2017 attendees. This presentation is not intended to constitute legal, investment or financial advice or the rendering of legal, consulting, or other professional services of any kind. Page # 2
  3. 3. CLICK TO EDIT MASTER TITLE STYLE IAG: Interagency Appraisal Guidelines – Why not IEG? 3
  4. 4. Need for Interagency Environmental Guidelines • Appraisal is regulatory and environmental is liability … yes, but … environmental impacts “As-Is” value and banks are not connecting the dots and having “As-Is” values adjusted for subsequent Env. reports that either ID or quantify a remediation. What about ‘Secured Lender Exemption” and how is it breached in a lending transaction (Agent Vs Participant) • Who is competent in a bank to be ordering and reviewing environmental reports? If competency and independence are cornerstones for e reliable appraisal and USPAP, why wouldn’t we insist on them for Environmental reports? • Independence - Borrower Ordered environmental reports are common – why? CERCLA • Who promulgates the standards for environmental reports today? ASTM • Who is competent to review an environmental report in a bank? What is an EP (Environmental Professional) and how is it different from a PE (Prof. Engineer)? • What is the expiration date on a Ph I Env. report? It may shock regulators (6-12 months). Do regulators know how many banks are lending on Env reports > 12 mos. Old? • What is difference in the types Env reports? GRR, Transaction-Screen, Phase I, Phase II • What are “High-Risk” property types? Is there an official list? How many banks know which property types are “HR” and should require a Ph I Env. assessment? • What about Env.-waivers by banks? There is an impact to FHLB collateral! Page # 4
  5. 5. 25 years overdue - Interagency Environmental Guidelines Page # 5Page # 5
  6. 6. CLICK TO EDIT MASTER TITLE STYLE 6 IAG: Understanding IAG & “Federally Related Transactions” October 1994 in response to FIRREA. IEG could be achieved within next IAG update. The last one was 2010 – now 7 years out of date!
  7. 7. CLICK TO EDIT MASTER TITLE STYLE 7 IAG & FIRREA: Understanding IAG & Who promulgates them? Why not add an ESB – Env. Stds Board? & EQB Env EP Quals Board
  8. 8. CLICK TO EDIT MASTER TITLE STYLE 8 IAG: The USPAP structure for appraisals applies to Env. We are long overdue for USPEP: Uniform Standards of Professional Env. Practice
  9. 9. CLICK TO EDIT MASTER TITLE STYLE 9 IAG: It’s all about: Safety & Soundness, Independence, Competence
  10. 10. Competency is a CORE concept in IAG – Use of an “EP” Page # 10 Implication for ”Borrower Ordered” environmental reports! Transaction Screen: Most “Transaction Screens” do not routinely use an “EP” to perform the field work/inspection – hence the cheaper cost. Make it clear to your borrower that if they are going to provide a “Transaction Screen” Vs. a Phase I, it must be performed by an “EP” or it will likely be rejected by REVAL.
  11. 11. Risk Stratification is another CORE Concept in IAG: Env. List of “High-Risk” CRE Page # 11
  12. 12. Env. Reviews & Waivers: Environmental Risk Ratings Page # 12
  13. 13. CLICK TO EDIT MASTER TITLE STYLE 13 IAG: When does appraisal need to be updated ? Env Updated?
  14. 14. CLICK TO EDIT MASTER TITLE STYLE 14 IAG: When in credit process should Appr/Env review be done?
  15. 15. CLICK TO EDIT MASTER TITLE STYLE 15 IAG: Can a bank change an appraiser’s/EP’s opinion/conclusion?
  16. 16. CLICK TO EDIT MASTER TITLE STYLE 16 IAG: Does Appr./Env. report need to be updated @ Loan Renewal?
  17. 17. CLICK TO EDIT MASTER TITLE STYLE 17 IAG: REATC and Appraisals – “Limited Application”
  18. 18. CLICK TO EDIT MASTER TITLE STYLE 18 K.C. Conway, MAI, CRE Sr. VP Credit Risk: Sr. Valuation & Market Intel. Officer SunTrust (404) 813-2419 Conclusion: The “Weak-Link” in the R.E. Lending Process / “Ropes-Course” is no IEG