[mattfrentheway]

I did an appraisal a year and a half ago. After no payment or response from the broker, I took him to court, and won with a judgement. He protested the judgement saying he had already paid me, but he lost. He sent MY check to the wrong appraiser (not even in my office or works for me), and the appraiser CASHED IT.

I have copies of the cashed check and have verified he cashed it. The broker still refuses to issue me a new check and take it up with the other appraiser. The other appraiser refuses to send me my money, even after phone calls, and emails, and playing nice.

This appraiser has had my fee and been aware of it for almost a year now.

What can I do? I know I can try to collect on the judgement against the broker, but I am thinking I might have better success going after the appraiser some how.

Has this ever happened to you? What can I do.

BTW, I have received other appraiser's checks in the mail before and I always send them to the lender, or to the appraiser if I know them.

Thanks in advance.

[Ken B]

You have no claim against the other appraiser although the broker probably does.

Do what you need to collect the judgement against the broker.

(I'm not an attorney and I did not sleep at Holiday Inn last night.)

[PropertyEconomics]

Originally Posted by mattfrentheway

I did an appraisal a year and a half ago. After no payment or response from the broker, I took him to court, and won with a judgement. He protested the judgement saying he had already paid me, but he lost. He sent MY check to the wrong appraiser (not even in my office or works for me), and the appraiser CASHED IT.

I have copies of the cashed check and have verified he cashed it. The broker still refuses to issue me a new check and take it up with the other appraiser. The other appraiser refuses to send me my money, even after phone calls, and emails, and playing nice.

This appraiser has had my fee and been aware of it for almost a year now.

What can I do? I know I can try to collect on the judgement against the broker, but I am thinking I might have better success going after the appraiser some how.

Has this ever happened to you? What can I do.

BTW, I have received other appraiser's checks in the mail before and I always send them to the lender, or to the appraiser if I know them.

Thanks in advance.

Actually, the Broker ripped you off as he did not pay you for services rendered. Now you could have a case against the other appraiser if the check was made out to you and they put it in their bank or cashed it .. If you have a copy of the check and its made out to you Id go to the bank and have a little discussion about forgery and theft and get their legal department involved as they helped aid in commission of a crime. Dont know how far you will get with this but its worth a shot.
If the check was made out to the other appraiser, the broker made a mistake and the other appraiser simply stole money from the broker for services not rendered. Id seek the brokers help in this instance and offer to quash the judgement if he is successful in helping you get paid.

Two against one sounds good to me in this instance.

[Carnivore]

The broker can not refuse payment on your judgement.

The other dude is in a heap of trouble with the broker, which is not your problem. Leave it alone.

[mattfrentheway]

Originally Posted by Carnivore

The broker can not refuse payment on your judgement.

The other dude is in a heap of trouble with the broker, which is not your problem. Leave it alone.

OK. So no recourse with the appraiser. I will go after the broker then. But am I too naive to think that one would feel obligated in sending the rightful party their compensation when one (the other appraiser) did not do the work? Are there legal issues on his end if he did send me my money, that I am not seeing and that he might be worried about?

[Jonah]

I would talk to the Division of Real Estate and see what they say.

[William Rightsell]

If you and the other appraiser both REALTORS....official ones...then you can file an ethics charge against him...

If you file a complaint he is obligated under his membership to respond. You can request arbitration by a board of fellow REALTORS....I did it once..had to send a check for $500 to cover the arbitration boards costs....

Then they contacted the other party, and he paid up the next day rather than having to submit a $500 check to the board like I did...The winner gets thier $500 back and the loser pays the bill PLUS what he owes.

If you are both members, I promise you this will solve it.

If you have proof (documents) that he cashed your check then I cannot see a board of his peers saying that was ok...

todd

[Jodi Knox]

I had broker who would not pay and I went to the http://consumeraction.gov/banking.shtml found my state and clicked on the website for that state. I seen if the deadbeat company was on the list and then I filed a complaint against them. They immediately paid me. If they did not pay they would lose their mortgage broker license and would be unemployed.

[Robert Rodgers]

I am in the same boat at mattfrentheway to a point. I did an appraisal for one of my clients the borrower happend to be an appraiser, and does not want to pay because the loan did not close.

From the loan officers statements to me it was not the appraisal it was approved by the bank, but for some other reason. The loan officer is paying the bill now but decided not to ever use that appraiser because he would not pay for services rendered.

[Hiker]

Everytime I've had a deadbeat broker... I give them 3-5 months to pay, if no money, I call the office account manager or company owner and explain the situation and have received my money everytime.