Release of report to Homeowner when client no longer exists

[George Hatch]

This is real Interesting Q&A. I believe the ASB does not understand that an State Attorney General is indeed the top law enforcement authority of the state.

I disagree; law enforcement is a function of the executive branch of government, they're job is to enforce existing law; the courts are part of the judiciary, which is charged with interpreting and applying the law. We don't send people to prison just because they are arrested by the Po-lice; due process in criminal cases means the court has reached a decision in applying the law. Due process with a search warrant means the court has issued an order, also the result of the application of a law.

There may be some states that have waived the 4th Ammendment rights for unreasonable search and seizure with respect to appraisal reports, or which have specifically authorized by statute a state's Attorney General to have access to workfiles as a condition for the license (such as is done for state appraisal boards), but merely having police authority doesn't automatically satisfy all the requirements of due process.

At any rate, the ASBs comment is that they are not in the business of telling any branch of government what it can or cannot do.

If you get ticketed by a meter maid for parking your car illegally and they demand that you provide them with a copy of that appraisal report do you intend to just hand it over to them because they're a law enforcement officer? You might, if the regulations in your state are written in such a way as to require it of you.

 

[Carnivore]

I disagree; law enforcement is a function of the executive branch of government, they're job is to enforce existing law;

George read the Q&A again. This was not the courts asking for the appraisal report. This was the State AG. If I understand your intepretation one could essentially thumb their nose at a similar request from the state appraisal board.

 

[PropertyEconomics]

George read the Q&A again. This was not the courts asking for the appraisal report. This was the State AG. If I understand your intepretation one could essentially thumb their nose at a similar request from the state appraisal board.

Carnivore,
I believe you could thumb your nose at the state board, perhaps not advisedly so, but I believe they too could be forced to show a court a need for production of documents, UNLESS, the state law specifically gives them the power to do so.
Their request is much like a subpoena, again perhaps not wisely ignored, but I believe unless a court orders you to produce documents you would not necessarily be compelled to do so at the request of either the AG or the board. The AG serves as the attorney for the state and would be treated like any other attorney in this matter while the board serves as a policing and policy body, also not having the power of compulsion (again unless so given particuarly by the state).
I believe both would be required to show the court cause, and only after showing cause, and being so ordered by the court would the due process of law have been completely served.

Again, perhaps not advisable, but if ever in a situation like this, I would recommend consulation with an attorney in order to fully understand your rights and obligations under the law that is applicable to you.

 

[George Hatch]

Ahh I see. The ASBs comment was about due process. Your comment is based on the "state enforcement agency" clause as not being limited to appraiser regulators, the term not otherwise being defined. Point taken.

Absent regulations that specifically spell it out, a State (or Federal) AG would still know to either get a court order or possibly go through the state appraisal board to get what they want. A savvy AG doesn't mess around with 4th Ammendment rights.

You know what happens in court when evidence collected outside of due process gets used as the basis for prosecution, right?

Either way, the ASB didn't say the AG couldn't do it. They only said that they don't define or interpret what the AG can or can't do.

As for state appraisal boards there are two elements in play. In addition to the exception in the Confidentiality section of the Ethics Rule, at least some states, including mine, have regulations on the books that require a licensee to hand over workfiles to the board (but not the State's AG) upon demand - it's a condition of my license.

 

[Carnivore]

George,

My board essentially works for the governor.

http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_93e/gs_93e-1-5.html

NC laws are interesting in regards to appraising. Just as a side note are problematic for the Zaioistas and real estate agents.

http://www.ncga.state.nc.us/gascrip...l&searchCriteria=appraiser&returnType=Section

This is essentially the powers of my board:

http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_93e/gs_93e-1-12.html

 

[BOBBYGINE]

Meta, I'm not shocked that your a Cali appraiser. And your attorney friend is wrong. And judges do use common sense which this is.

The borrower pays for the client to use the appraisal. They never have a right to it unless its been expressed by the client to do so. No judge will give the rights to use my intellectual property when the report was not prepared for the plaintiff. Just because the client is now dead doesn't mean that my property is now that of borrower, unless its written in their will. Just because Bank A goes out of business doesn't mean I can release their files and give them to who I please. USPAP is a poorly written document but it is the one that counts.

Someone wants a two year old appraisal from a defunct company? NO. Judge will throw it out as the wrong party is being sued.

Now, lets smile as we watch prices from 1998 coming to market near you.

 

[Fred]

A savvy AG doesn't mess around with 4th Ammendment rights.

Who said that, Elliot Spitzer?

 

[Terrel L. Shields]

keep in mind that what you are offering is contrary to the USPAP.

not that easy to interpret... USPAP is like the Bible. And how many denominations have how many interpretations thereof???

I would not surrender the report however for the simple reason that after 2 years, it isn't "right" anyway and what else could it lead to but a lawsuit? If they need it that badly let the judge force you to surrender it. I'd red flag that puppy and it would be gone the second my 5 yrs record keeping was up. Remember, I got sued over a 6 year old report...they are never too old to be a source of pain to you.

 

[Elliott]

Clients always continue to exist, they are called heirs, successors, and
assigns.

 

[Carnivore]

Clients always continue to exist, they are called heirs, successors, and
assigns.

Do you actually agree to open ended contracts?