Gated Community

[JSmith43]

AND, I have NEVER seen a review where someone actually crossed out that certification. AND a certification is stronger than normal preprinted 'clauses' in a contract. Are you telling me you've actually crossed out that certification? And your lender accepted it? Anyone else here that's crossed out a certifcation and had it accepted by the lender?

I have never seen a cert crossed out where it was agreed to (in writing)with the client to do so. It is a possible solution, but I'd never amend the cert unilaterally. I would require at the very least, a digitally signed agreement to do so from the client.

Anyone have a "generic" review form with a different set of certifications? If not, appraisers are stuck with Frankenforming it (dangerous, given the propensity for generating misunderstandings), or creating a form & certs from scratch. The client probably won't agree since there are those regulators in the food chain that may expect the latest Form 2000.

 

[J Grant]

Smokey, if you are such an ace attorney, why are you appraising?

I will wait and see how these cases turn out before I pre judge how a judge will rule. An appraiser amending a certification and disclosing why is not the same as contradicting a certification.

 

[J Grant]

Mentor, I have never seen a cert crossed out either. Since Smokey was bringing general law outside of appraisal into the mix, I was pointing out that on documents and contracts , parties cross out and initial , thus agreeing to change terms of an original language of a pre printed document.

Back to the narrrower world of appraising, the form does not determine the assignment, the form is a form for the appraiser to communicate to the clients and users of appraisal their conclusions and analyses. An appraisal can be oral and does not even have to be written ( photos as an exhibit on an oral appraisal...would the photos be acted out by the appraiser the way a mime would?)

If there is a Fannie requirement that is not legally permitted, the appraiser can disclose it and state that they still can provide a credible report. That is the precedence, anyway in appraisal, if these cases change anything will see at that time. A Fannie req such as photos is not the same as a USPAP requirement.

 

[JSmith43]

With respect to USPAP "protecting" an appraiser in a court of law.....:Eyecrazy:. There are quite a few war stories on the forum, where quoting USPAP was attempted in a legal setting to bolster an argument, to no avail.

 

[Smokey Bear]

Smokey, if you are such an ace attorney, why are you appraising?

Oooh, ouch. When you can't win the argument, you attack your opponent? I don't practice because as much as I love the law, I hate the lifestyle of lawyers. Not that it's any of your business. BTW, I worked for a commercial appraiser while I was in law school. It was a whole lot more fun than working for lawyers. Enuf said.

 

[Dale Smalley]

Impressive indeed but it still wont get you in to most gated communities. You guys have lost focus by reading too much into it.
The easiest way in is to say you are here to do a BPO.

 

[J Grant]

Mentor, that is true but, without knowing these cases where an appraiser tried to invoke USPAP, hard to say what the issues at stake were, so can't comment. We are hearing the side from these appraisers writing a war story, who knows what really happened, ( at least I would take the war story with a grain of salt)

Does anybody know know who will be "judging", or determining the outcome of these cases... a court appointed judge? A mediator? State appraisal Boards? What kind of judge would hear the case? Civil? Criminal? What a mess.

 

[J Grant]

Smokey, neither of us have "won" this argument as a real judge has not even heard the case. You were using your knowledge of the law to assume you knew the answer how a judge would decide.

I can understand not liking the lifestyle of a lawyer. I don't think an apprasiesr's lifestyle is much better these days.

 

[JSmith43]

As a former RE agent JG, you realize that crossing out a provision in a contract & adding your own language is a counter offer at that point, and not a bilateral agreement.

If a Cert is crossed out, it happens so rarely, a reasonable argument could be made that it is effectively, an insufficiently disclosed alteration. There is probably a lot more to it than that. Smokey has the legal training which should be respected by default, if nothing else I wish I had more legal training than business law courses, which are now decades old, plus casual reading & discussions in the interim with my brother in law, a RE attorney & appraiser.

 

[Smokey Bear]

J- the whole idea is to not get even close to the judge. Once you're in front of the judge, you've lost, even if you win.