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Legal Action Against Mb

Discussion in 'Urgent - Help Needed' started by unloadit, Mar 9, 2006.

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  1. unloadit

    unloadit Sophomore Member

    0
    Feb 23, 2004
    Professional Status:
    Certified Residential Appraiser
    State:
    Oregon
    Ok, to make a LONG story short.....

    I would like to take an MB to court for not paying me for a $600 appraisal. I would like him to have to pay the $600, plus all of my legal expenses. It's not about the money anymore, it's about the principle. I was going to let it go, but this guy crossed the line. Also, I live in Oregon....he is in San Diego. I will fly down there if I have to. This guy is paying me....even if Guido has to get involved.

    Any help on how I go about taking this crooked scumbag to court?

    thanks in advance
     
  2. xm39hnu

    xm39hnu Senior Member

    0
    Jul 10, 2003
    Professional Status:
    General Public
    State:
    Florida
    Check with the clerk of court in the jurisdiction in which you will file. Find out the limits of small claims court, and how to go about filing a complaint. (N.B.: One cannot use an attorney in most small claims courts.)

    BUT.... you have some more work to do before you get there. Prepare a statement of facts including the order and any subsequent communications. For verbal stuff, summarize it from your notes (you did keep notes, didn't you?) and include it in the timeline. Send a letter of complaint to the CEO of the mortgage brokerage, and demand payment. DO NOT threaten a lawsuit. DO state that further collection action will be taken unless payment is made by XX/YY/06. If that date passes, file a complaint with Oregon's department of financial institutions, if there is such a thing in your neck of the woods.

    If none of that works (or if you've already tried it) then, and only then, file in small claims court. If you show up in court without having exhausted your administrative remedies, you may not be successful. But you want to be able to show that you tried to collect by other means before resorting to the courts.
     
  3. Tom Barclay

    Tom Barclay Senior Member

    0
    Apr 7, 2002
    Professional Status:
    Retired Appraiser
    State:
    Oregon
    Brian,
    We have been through this many times here on the forum. PM me if you would like more specific information. Do not take him to court. Make a claim against his bond. All mortgage brokers doing business in Oregon must be licensed and bonded. That is what the bond is for, to insure that the broker fulfils his or her financial obligations. Let me know if you need more assistance.
    See this link.
    http://appraisersforum.com/forums/showthread.php?t=74050&highlight=bond
     
    Last edited: Mar 9, 2006
  4. Karl

    Karl Elite Member

    0
    Jan 15, 2002
    Professional Status:
    Licensed Appraiser
    State:
    Arizona
    Just call talk to his superior and ask about the Bond, he'll beg you to take money .
     
  5. Oregon Doug

    Oregon Doug Senior Member

    0
    Jan 15, 2002
    Professional Status:
    General Public
    State:
    Oregon
    Brian - get in touch with the Department of Consumer & Business Services, Division of Finance & Corporate Services, 350 Winter Street NE, room 410,
    PO Box 14480, Salem, OR 97309-0405.

    If you need more info, PM me - I'll be in Salem next Tuesday.

    Oregon Doug
     
  6. Pat Butler

    Pat Butler Senior Member

    10
    Jan 17, 2002
    Professional Status:
    Certified Residential Appraiser
    State:
    Illinois
    Check to see if your state allows you to file a mechanic's lien against the subject property. That'll get the homeowner into it too and they are the ones who chose the out of state lender who ripped you off.
     
  7. unloadit

    unloadit Sophomore Member

    0
    Feb 23, 2004
    Professional Status:
    Certified Residential Appraiser
    State:
    Oregon
    Thanks for all of the help. The MB is in California. Do they have to be bonded there?

    Thanks
     
  8. Tom Barclay

    Tom Barclay Senior Member

    0
    Apr 7, 2002
    Professional Status:
    Retired Appraiser
    State:
    Oregon
    Did you do an appraisal in Oregon for them? If so, then they must be licensed and bonded in this state. The bond covers any business they do in this state.
     
  9. Doug Meyer

    Doug Meyer Senior Member

    0
    Sep 13, 2003
    Professional Status:
    Certified Residential Appraiser
    State:
    Indiana
    Going to let it go? WHY??? Your creditors wont say to you, its ok, I will forgive your debt!! NEVER NEVER NEVER let an invoice go unpaid. It is not only bad business decisions, but it reflects on our industry as a whole. If the broker can get by without paying you, they will try again on another appraiser. My 2 pennies worth.
     
  10. Steve Owen

    Steve Owen Elite Member

    0
    Jan 16, 2002
    Professional Status:
    Certified General Appraiser
    State:
    Missouri
    Don't forget to list him on the Deadbeat site. (And, don't forget to delist him if he pays.) My 2 cents worth.
     
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