Title 12Banks and BankingRelease 119-73not60

§3349 Violations in Obtaining and Performing Appraisals in Federally Related Transactions

Title 12 › Chapter 34A— APPRAISAL SUBCOMMITTEE OF FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL › § 3349

Last updated Apr 3, 2026|Official source

Summary

Makes it illegal, unless the Appraisal Subcommittee uses its waiver power under section 3348(b), for a bank or other financial institution to pay, seek, or accept money or anything else for an appraisal done by someone the institution knows is not a State certified or licensed appraiser in a federally related transaction. It also bans Fannie Mae, Freddie Mac, or the Resolution Trust Corporation from knowingly hiring an uncertified or unlicensed person to do an appraisal for a real estate related financial transaction covered by section 3350(5) when they are a party. A financial institution that breaks the first rule can be fined under section 1818(i)(2) or section 1786(k)(2), as appropriate. Enforcement is through an administrative proceeding run by a federal financial regulator under the procedures in subchapter II of chapter 5 of title 5.

Full Legal Text

Title 12, §3349

Banks and Banking — Source: USLM XML via OLRC

(a)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—
(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)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.
(c)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.

Reference

Citations & Metadata

Citation

12 U.S.C. § 3349

Title 12Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60