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  #1  
Old 03-09-2006, 04:24 AM
unloadit unloadit is offline
 
Join Date: Feb 2004
Location: OREGON
State: Oregon
Professional Status: Certified Residential Appraiser
Posts: 185
Angry Legal Action Against Mb

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
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  #2  
Old 03-09-2006, 06:38 AM
xm39hnu xm39hnu is offline
 
Join Date: Jul 2003
State: Florida
Professional Status: General Public
Posts: 4,338
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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  
Old 03-09-2006, 07:30 AM
Tom Barclay Tom Barclay is offline
 
Join Date: Apr 2002
Location: Coos Bay, Oregon
State: Oregon
Professional Status: Retired Appraiser
Posts: 2,116
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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/sh...highlight=bond

Last edited by Tom Barclay : 03-09-2006 at 07:38 AM.
  #4  
Old 03-09-2006, 08:33 AM
Karl Karl is offline
 
Join Date: Jan 2002
Location: Arizona City AZ
State: Arizona
Professional Status: Licensed Appraiser
Posts: 7,602
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Just call talk to his superior and ask about the Bond, he'll beg you to take money .
  #5  
Old 03-09-2006, 12:51 PM
Oregon Doug Oregon Doug is offline
 
Join Date: Jan 2002
Location: Westcentral Oregon
State: Oregon
Professional Status: General Public
Posts: 1,963
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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  
Old 03-10-2006, 12:35 AM
Pat Butler Pat Butler is offline
 
Join Date: Jan 2002
State: Illinois
Professional Status: Certified Residential Appraiser
Posts: 3,993
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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  
Old 03-16-2006, 01:49 AM
unloadit unloadit is offline
 
Join Date: Feb 2004
Location: OREGON
State: Oregon
Professional Status: Certified Residential Appraiser
Posts: 185
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Thanks for all of the help. The MB is in California. Do they have to be bonded there?

Thanks
  #8  
Old 03-16-2006, 05:48 AM
Tom Barclay Tom Barclay is offline
 
Join Date: Apr 2002
Location: Coos Bay, Oregon
State: Oregon
Professional Status: Retired Appraiser
Posts: 2,116
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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  
Old 03-16-2006, 05:58 AM
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Doug Meyer Doug Meyer is offline
 
Join Date: Sep 2003
Location: Central Indiana
State: Indiana
Professional Status: Certified Residential Appraiser
Posts: 3,735
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Quote:
Originally Posted by Brian Sherrill
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
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  
Old 03-16-2006, 07:51 AM
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Steve Owen Steve Owen is offline
 
Join Date: Jan 2002
Location: Joplin, Missouri
State: Missouri
Professional Status: Certified General Appraiser
Posts: 5,409
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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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