766.115—Challenging the Agency appraisal.
(a)
A borrower considered for primary loan servicing who does not agree with the Agency's appraisal of the borrower's assets may:
(1)
Obtain a technical appraisal review of the Agency's appraisal and provide it at the reconsideration or appeal hearing;
(2)
Obtain an independent appraisal completed in accordance with § 761.7 as part of the appeals process. The borrower must:
(ii)
Choose which appraisal will be used in Agency calculations, if the difference between the two appraisals is five percent or less.
(i)
If the difference between the two appraisals is five percent or less, the borrower will choose the appraisal to be used in Agency calculations.
(ii)
If the difference between the two appraisals is greater than five percent, the borrower may request a third appraisal. The Agency and the borrower will share the cost of the third appraisal equally. The average of the two appraisals closest in value will serve as the final value.
(iii)
A borrower may request a negotiated appraisal only once in connection with an application for primary loan servicing.
(b)
If the appraised value of the borrower's assets changes as a result of the appealed appraisal or the negotiated appraisal, the Agency will reconsider its previous loan servicing decision using the new appraisal value.
(c)
If the appeal process results in a determination that the borrower is eligible for primary loan servicing, the Agency will use the information utilized to make the appeal decision, unless stated otherwise in the appeal decision letter.