highest and best use and the uraredd gillespie, jd, mnaa | colorado association of real estate...

45
Highest and Best Use and the URAR Edd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603

Upload: others

Post on 15-Jul-2020

6 views

Category:

Documents


1 download

TRANSCRIPT

Page 1: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers

Colorado State Certified General Real Estate Appraiser CG040037603

Page 2: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Adhere to USPAP and the

Fannie Mae Selling Guide in

Developing and Reporting

H&BU

Page 3: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Address Colorado BOREA itemized

investigator directive “Were legally

non-conforming uses, interim uses,

other special situations analyzed

(and addressed in the report?)”

Page 4: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

From understanding why

H&BU must be reported, to

summarizing its

development in the URAR

Page 5: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Objectives

Teach the H&BU analyses required for

the URAR, and prepare the appraiser to

tell the State why and how s/he reached

the result s/he reported.

Page 6: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

▪Why report H&BU in the URAR?

▪What must be included in the development of H&BU?

▪Why report a summary of the development of H&BU in the URAR?

▪What must be included in the development of the site H&BU and the improvement H&BU?

Page 7: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Success Factors

▪ Appraisers will be able to successfully withstand scrutiny with respect to H&BU development and reporting on the URAR.

▪ Appraisers will be able to teach other appraisers why and how to report H&BU on the URAR.

Page 8: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Direct from the URAR

Page 9: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

WHY?

Page 10: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

WHY?

Page 11: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Because Fannie and USPAP require it!!!

Page 12: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

“Fannie Mae will only purchase or

securitize a mortgage that represents

the highest and best use of the site as

improved.”

Page 13: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

“For improvements to represent the highest and best use of a site, they must be legally permitted, financially feasible, and physically possible, and must provide more profit than any other use of the site would generate. All of those criteria must be met if the improvements are to be considered as the highest and best use of a site.”

Page 14: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

“If the use of comparable sales

demonstrates that the improvements

are reasonably typical and compatible

with market demand for the

neighborhood,…”

Page 15: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

“and the present improvements

contribute to the value of the subject

property so that its value is greater than

the estimated vacant site value,...”

Page 16: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

“…the appraiser should

consider the existing use as

reasonable and report it as the

highest and best use.”

Page 17: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

H&BU vacant site analysis for Fannie requires answers to specific questions:

Page 18: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

1.What uses are legally permissible?2.What uses are physically possible?3. Of the permissible and possible uses which

would maximize the vacant site value?4.What is the value of the subject as is?5.Does the present improvement add value to

the site as if it were vacant?

Page 19: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

CHECK THE BOX!

Page 20: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Now that the appraiser has reported a H&BU opinion, USPAP requires a

summary of the H&BU development to be reported.

Page 21: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Because, how can the appraiser report an opinion that has not already been

developed?

Page 22: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

How about an “Atmospheric extraction?”

If you don’t develop, then your conclusion is an unsupported assumption.

Gotcha!

Page 23: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

An atmospheric extractionis only make believe.

USPAP requires support for an opinion.

Page 24: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Analysis of relevant legal, physical, and economic

factors

Page 25: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Development of H&BU

Vacant Site:

▪ Legal?

▪ Physical?

▪ Feasible?

▪ Economic (feasible)?

▪ Value?

Presently improved Site:

▪ Legal?

▪ Physical?

▪ Economic (feasible)?

▪ Adds Value?

Page 26: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Fannie Mae defines highest and best use as a use that adds value to the estimated value of the site as vacant, therefore the appraiser may conclude analysis beyond determining whether the present use adds value is unnecessary.

Page 27: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Wrong!

Page 28: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

BOREA requires the appraiser to develop and report a full H&BU

analysis of the subject and all comps and identify the maximally productive

use of each as well as any special situations!

Page 29: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

But, what’s a Summary?

Page 30: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

What’s in a summary?

Facts Reasoning

This Photo by Unknown Author is licensed under CC BY-SA

Page 31: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Be brief but thorough

Page 32: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Remember

Page 33: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

ONE

Fannie requires the appraiser to report whether the present

improvements are the H&BU.

Page 34: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

TWO

USPAP says “if necessary for credible assignment results the appraiser

must develop an opinion of H&BU.” and…

Page 35: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

THREE

USPAP says “when an opinion of H&BU was developed, a summary of

the support and rational” must be included in the report.

Page 36: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

FOUR

If you report you must develop-avoid atmospheric extraction.

Page 37: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

EXPLAIN WHY!!!!

Explain the support and rationale for your H&BU conclusion; it’s why you

reached your conclusion.

Page 38: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Atmospheric

Extractions

Page 39: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere
Page 40: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

The Initial Scope of Work

1

• Identify the subject

• Describe the present improvement

2

• Develop the H&BU of the subject site as if vacant

• Develop the market value of the site as if vacant

3

• Report if the present improvement adds value or not

• Report summaries of the H&BU as if vacant and as presently improved and all comps

▪Now the Fannie Guide and USPAP H&BU summary requirement are arguably satisfied.

Page 41: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

But what about

BOREA?

Page 42: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Add the BOREA Scope of Work

1

• Identify the subject

• Describe the present improvement

2

• Develop the H&BU of the subject site as if vacant

• Develop the H&BU of the site as developed.

3

• Develop and report a full H&BU analysis of the subject and all comps

• identify the maximally productive use of each as well as any special situations!

Be prepared to tell BOREA why you completed this additional work.

HINTS

Page 43: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

➢ legally non-conforming uses➢ interim uses➢ Excess land➢ Surplus land

SPECIAL SITUATIONS

Page 44: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Case Study

See the handout

Page 45: Highest and Best Use and the URAREdd Gillespie, JD, MNAA | Colorado Association of Real Estate Appraisers Colorado State Certified General Real Estate Appraiser CG040037603. Adhere

Edd Gillespie719-252-7624

[email protected]

JD, Colorado Certified General Appraiser CG040037603, MNAA, Certified USPAP Instructor ID# 45647

Consulting for appraisers who are being sued or who are being investigated by a state appraisal board.