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  #1  
Old 02-07-2010, 05:53 PM
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ACBENE ACBENE is offline
 
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Location: Fort Lauderdale
State: Florida
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Default Another very poor review from Chase

I Received another Poor Review of One of My Appraisal Report from More Than 2 Years Ago. This Appraisal Has Ever Been Paid Off, And My Client/Intended User Was A Mortgage Company, And The Lender Was Other Than Chase, According To The Public Records.
Do I Have To Rebuttal This Letter From Chase If I Have An Outstanding Invoice????
Do I Have To Rebuttal Chase's Review Without Violate USPAP Confidentiality????
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  #2  
Old 02-07-2010, 06:21 PM
Dan Umstead Dan Umstead is offline
 
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State: Georgia
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Payment would have nothing to do with the validity of the rclaim. If you completed an appraisal report, you are responsible for it.

As to USPAP confidentiality, try contacting the intended user and ask their permission wto reply to the review. I would assume the intended user (mortgage broker, etc.) would want you to defend the appraisal, as they are also probably under investigation on the (bad, non-performing, foreclosure, etc.) loan.
  #3  
Old 02-07-2010, 08:03 PM
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Carnivore Carnivore is offline
 
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State: North Carolina
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Quote:
Originally Posted by Dan Umstead View Post
Payment would have nothing to do with the validity of the rclaim. If you completed an appraisal report, you are responsible for it.
Can you share with the forum the legal basis of your statement?
  #4  
Old 02-07-2010, 09:29 PM
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Paul Isolda Paul Isolda is offline
 
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Location: Stamford, CT
State: Connecticut
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Are you saying that if you did not get paid for an appraisal it's ok that you screwed it up?
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  #5  
Old 02-07-2010, 10:15 PM
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Michigan CG Michigan CG is offline
 
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State: Michigan
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Default

Quote:
Originally Posted by Dan Umstead View Post
Payment would have nothing to do with the validity of the rclaim. If you completed an appraisal report, you are responsible for it.

As to USPAP confidentiality, try contacting the intended user and ask their permission wto reply to the review. I would assume the intended user (mortgage broker, etc.) would want you to defend the appraisal, as they are also probably under investigation on the (bad, non-performing, foreclosure, etc.) loan.
Sorry, they cannot require anyone to respond to anything and the appraiser is not required to respond. If you want me to respond or explain something then you will pay me for my time.

Appraisers who wrote WELL SUPPORTED appraisals do not need to respond. Appraisers who did not write WELL SUPPORTED appraisals might be best advised to not respond. Either way, the report has been written. No one can require me to respond to a three year-old report except the authority that issues my license.
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  #6  
Old 02-07-2010, 10:47 PM
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Terrel L. Shields Terrel L. Shields is offline
 
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Location: Springtown, AmeRica
State: Arkansas
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Default

I'd reply

Dear sirs
You are not my client
You are not listed as an intended user of the report
therefore, you can go phook yourself
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  #7  
Old 02-08-2010, 03:56 AM
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Carnivore Carnivore is offline
 
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Quote:
Originally Posted by Paul Isolda View Post
Are you saying that if you did not get paid for an appraisal it's ok that you screwed it up?
No I am not saying that.

Read lines 40-47, 55-59 in the defintions section.
  #8  
Old 02-08-2010, 04:09 AM
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OSU Beavers OSU Beavers is online now
 
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Location: Podunk
State: Oregon
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Send them your unpaid invoice!
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  #9  
Old 02-08-2010, 05:36 AM
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Carnivore Carnivore is offline
 
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In the state of north carolina anyone can file a complaint about an appraisal with the NCAB. If your an appraiser and you file a complaint, your complaint although looked upon as a review is not required to be uspap compliant. The complaint does need to even be more credible then the report you used as the basis of your complaint.

The legal theory/reasoning behind the NCAB position is that for a complaint to have a USPAP compliance requirement would first require the complaint to be part of an assignment(see definitions). In other words you could not be the complaintant, but rather the appraiser whos client filed the complaint.

Dont just disregard my post. USPAP although is law in most states is also part of a bigger pictures of state and federal laws.

Most state contracts laws require specific performance from both parties to be considered enforceable. There are some exceptions but they are dependent upon some exceptions. The non-performance of one party, i.e. "Consideration" is a major component of a contract.

If you dont agree with me, please provide a counter argument other then what your mother used to say to you when you were a kid wanting to do something!

You - Why cant I do this?

mother - Because I said so!

you - why

Mother - just because!!

Last edited by Carnivore : 02-08-2010 at 06:40 AM.
  #10  
Old 02-08-2010, 06:40 AM
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RSW RSW is offline
 
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Default

Chase will will either remove you from their list or will put you on their watch list if you don't respond.
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