Occupancy

[Ariba]

A friend's house was purchased five years ago, but the previous owner still appears on the MLS tax records.

I do not know what an MLS tax record is. However, if the property deed is not recorded in your friends name at the county assessors office he legally owns nothing but a piece of worthless paper.

I got off the subject, but I like you would mark it as occupied, tenant, or vacant, and report in the addendum what I observed.

 

[Mr. Lisle]

I do not know what an MLS tax record is. However, if the property deed is not recorded in your friends name at the county assessors office he legally owns nothing but a piece of worthless paper.
QUOTE]

I was actually responding to another persons comment regarding the County records. IN my area everything is only (90% of the time). I have no doubt a copy of the deed would have the correct owner, what I was stating is the occupancy (As I mentioned one other comment stated the mailing address and info for the tax records) I was just using this as an example. If I was to use the mailing address method in my area I would be wrong 90% of the time.

 

[Marcia Langley]

I always check with the County Clerk for ownership info...if the County says so, then it must be so, at the time I called anyway! If the live-in is getting a divorce or changing their name or just the wife is the one applying is a moot point to me because I'm interested in putting on the report who the owner is, who the seller is. Am I wrong in any of this?

Joe,

The current owner of record is the easy part, that's on the public record.

That is a different question than the one about occupancy as of the effective date.

 

[Vermonter]

When you access the county assessors data base on the property is the tax notification mailed to another address?

We have a "homestead/Non-homestead" designation on tax card. There is the occasional person pulling a fast one, but assessors around here are pretty good at making sure they're getting max revenue.

Also noticed that tenants rarely like to lie for homeowners/landlords.

 

[Ray Miller]

Mr. Miller,



As far as Primary resident is concerned it can be identified by: which address do you use to vote in the general election. What address is on your driver's license? Where is your car registered. Which State Tax do you pay income tax? Which home do you claim and deduct on your federal and state for the mortgage interest?

The form does not ask for Primary resident, it ask for the Occupant of the home. Since it is not rented and I have no long term guest living there that answer I would think would be myself the owner.

It does not ask if it is a second home. What if this were a nearative appraisal. No box to check. How would it be written up? I would assume or I would state; The home owener is the Occupant of the property, the property is a working recreational ranch. If it were a single family nearative I would leave out the working recreational ranch.

 

[Couch Potato]

Common fraud in Florida.

The form does not ask for Primary resident, it ask for the Occupant of the home. Since it is not rented and I have no long term guest living there that answer I would think would be myself the owner.

It does not ask if it is a second home. What if this were a nearative appraisal. No box to check. How would it be written up? I would assume or I would state; The home owener is the Occupant of the property, the property is a working recreational ranch. If it were a single family nearative I would leave out the working recreational ranch.

I would consider such a statement misleading. If I am aware of the fact that it is a second home, I would certainly describe it as such in a narrative report, along with comments regarding the typical number of days of vacancy and any known rental activity. Second homes are very common in Florida. Often a fully furnished home will only be used a couple weeks a year. I would never mark such a property as "owner occupied" unless the owner was physically at the property. If they are not there (and neither is any tenant) the property is vacant. I don't care how much dusty furniture is in the place. To state otherwise would be mortgage fraud, IMHO. :new_snipersmilie:

 

[Ray Miller]

I would consider such a statement misleading. If I am aware of the fact that it is a second home, I would certainly describe it as such in a narrative report, along with comments regarding the typical number of days of vacancy and any known rental activity. Second homes are very common in Florida. Often a fully furnished home will only be used a couple weeks a year. I would never mark such a property as "owner occupied" unless the owner was physically at the property. If they are not there (and neither is any tenant) the property is vacant. I don't care how much dusty furniture is in the place. To state otherwise would be mortgage fraud, IMHO. :new_snipersmilie:

I don't understand, as I am at the property some weeks 7 out of 7 days for as much as 14 hours a day to 24 hours a day, other weeks, maybe five out of seven days. It is never rented. So how can this be misleading and mortgage fraud???


Maybe the home I sleep at most of the time should be considered my second home as I am only there 6 to 8 hours a day. My wife and I are the ones in the homes no onle else. How can the occupant be any one else of these two homes????

 

[Mike Boyd]

We are NOT the occupancy police. If the client states it is owner occupied and if whoever lets you in states he/she is the owner occupant that is good enough for me.

Our certification page states that the appraiser is not to make any legal conclusions. If you wish, you can state in the report that owner occupancy has been determined by the client and that the appraiser can only determine if the house was vacant or occupied. Do not get involved in legal issues that do not affect value.

 

[Richard Carlsen]

I make the following notation in the Additional Comments on Pg 3 URAR

* Unless otherwise noted in the report, the property is not known to be rented or leased. Neither the client nor the owner have provided a copy of any lease or rental conditions. Since the appraiser has no means or authority to compel information in order to determine occupancy and unless there is obvious contrary evidence at the time of the visual inspection of the property, the property is considered to be owner occupied.

Leave it at that. Don't voir dire the people at the house, don't go through the mail, don't worry if they have a $50,000 car in a $125,000 house.

Report what you see and hear at the time of inspection and leave it at that. If you are in doubt, make the report subject to certification by the HO that the property is owner occupied. Saying that the house is owner-occupied when it is not is mortgage fraud but where in the SOW does it say that the appraiser will take on the additional duties of Housing Occupancy Police?

 

[Couch Potato]

In some areas avoiding the role of Occupancy Police is easier than in others. I would think it negligent to not make inquiries when the person providing you access describes themselves as the property manager.