Being Asked To Testify Regarding My Appraisal

[glenn walker]

Contact your attorney or your E&O carriers legal department **** GET THE POINT*** OTHER FOLK'S ON THE FORUM UNLESS THEY ARE A PRACTICING REAL ESTATE ATTORNEY STOP GIVING LEGAL ADVISE.

 

[glenn walker]

Contact your attorney or your E&O carriers legal department **** GET THE POINT*** OTHER FOLK'S ON THE FORUM UNLESS THEY ARE A PRACTICING REAL ESTATE ATTORNEY YOU SHOULD STOP GIVING LEGAL ADVISE.

 

[Terrel L. Shields]

I charge by the hour, or the half day.

No one is giving legal advice. But E & O is for errors and omissions, not for being engaged to testify in court. IF someone files a complaint, then call E & O.

The original intent of the report isn't your call. You should never modify a report done for mortgage purposes and claim it with a new purpose. If the filer's attorney wants to subpoena your old report, let them do so and argue it wasn't for bankruptcy court, it was for mortgage lending - and hopefully, you have the proper disclaimers that this is intended for the use and client stated and not for anyone else or any other use.

If they want another report, then New assignment, new report. Never mention the old one.

 

[glenn walker]

I Am sure Marion can give you good legal advice she has hundreds or maybe even thousands of posts giving appraisers legal advice ? I am going to track down every one so she can help you and other appraisers with all their legal problems ** Maybe the OCC or FDIC will come to her rescue.

***PLEASE CONTACT YOUR ATTORNEY OR LEGAL COUNCIL BEFORE YOU TAKE ANYTHING I SAY OR MARION SAYS BECAUSE WE ARE NOT ATTORNEYS AND ARE NOT QUALIFIED TO GIVE LEGAL ADVICE.

 

[glenn walker]

This is a great forum BUT if I was the owner I would talk to this poster and ask her to tune it down. !!

 

[Meandering]

Diver Mike,

Welcome to the Forum..

thanks for sharing your personal experiences.



Glenn,
I hope you're good looking, 'cause I seem to be on your mind a lot and would hate to think this is you

 

[glenn walker]

Very Funny *** Keep up the good work everything you post no matter how insane or stupid or how much you give free legal advice it just gets better *** Is this a photo of a person who really has a true disability and do you really think it's funny ? Are you really a certified appraiser ? I will forward this to your state board and FHA/ HUD , VA , Fannie Mae , Freddie MAC and The OCC and see if they think it's funny.

THANK YOU BUT DO NOT THINK I WILL ROLL OVER TO YOUR PERSONAL OR PROFESSIONAL ATTACKS ... I WILL NOT *** GOOD LUCK ***

 

[Meandering]

It was you that brought me up, in a thread I did not even post to.

You keep misusing labels to apply to me,

All the while sitting in front of the greatest knowledge database the world has ever created, the internet, and refusing to verify your use of this label.

So that tells me there is one of three things wrong, or a combination of all three.

1. You lack the intellectual competency to look up and verify you are using a label correctly,
2. You hope to attract an audience of people who lack the intellectual competency to look up and verify the label you are wishing to apply to me, or,
3. Your little feelings were hurt someplace and you can't deal with it.

I'm here over a decade and have seen many people come and go from this forum. There was only one poster that ever struck me as lacking in intelligence, and that poster wasn't an appraiser, but rather was a member of the general public who committed mortgage fraud, reported herself and her illegal mortgage to FHA to get an appraiser in trouble. Yup, that was the only one I've seen on this forum that lacked intelligence.

So that leaves us with options 1 and 3. So, if along the way, I've hurt your feelings, I honestly don't recall doing so, but I will apologize, just in case I am not remembering, as I don't start out to hurt anyone's feelings.

So if that was it, you're an adult, accept maybe I have made a mistake some where and I apologize for that.

If that was not it, then, that only leaves us with option 1. and to that all I can say is........

Don't blame me for your laziness.


.

 

[DiverMike]

Diver Mike,

Welcome to the Forum..

thanks for sharing your personal experiences.



Glenn,
I hope you're good looking, 'cause I seem to be on your mind a lot and would hate to think this is you

Thanks Marion, Appreciate it (the welcome).

Glenn, Terrel's comments are spot on. Giving expert witness testimony doesn't require 'legal advice' except possibly from the attorney whose side you are being asked to testify for. There are also good reasons for NOT notifying your E&O carrier unless you are the one being subpoenaed for some form of wrong doing. The least of these is potential fee increase to outright cancellation. Depends on your carrier.

Court testimony for an experienced appraiser comes under the heading of normal course of business. I give fellow appraisers the benefit of the doubt and ASSUME the appraiser performed competently and in accordance with USPAP. Given that, he has nothing to worry about simply being asked about his own report. What it DOES become is an issue of whether he WANTS to testify. He (Kelley) didn't seem anxious to do so.

There are several options to that and in THAT area, Id concur, check with SOME form of competent legal advice with respect to proper response to an attorney. "When I turned one down" ONCE (California, Los Angeles County Superior Court), I wrote to the clerk of the Court / Judge; gave a copy of the subpoena that had NOT been signed by a judge (common, but they have a signature spot for a reason); advised expert witness fees and requirements had been quoted previously and that the attorney had not as yet indicated acceptance of them. I then asked if I was still required to appear based on an unsigned subpoena (and I waited to literally three days before the court date to send it). Sent copy to attorney; the judge and the other sides attorney. I never heard back on it. Ever. Conversely, usually I LIKE court testimony. So far, I have never come out of the short end of the stick even when the other side 'went after me'. I have had two clients lose though, but not based on the appraisal.

I only screwed up once and remembered that lesson always since. I was asked if based on my experiences that it would (opinion) seem reasonably prudent due diligence for a lender to read the appraisal before lending the money. Like an idiot, I said "yes". The correct answer is "I am a real estate appraiser and my expertise does not extend to lending policies." Why? Because MY clients never told me they never read the original appraisal (I did a forensic review documenting fraud) before buying the note. Court found contributory negligence on my clients part. Boy, was our attorney PEEVED! Rightfully so, but they could ALSO have filled me in on that little tidbit, that was already in an existing four week old deposition.

I charge a high fee, and I thoroughly prep for it. I also stress to MY side's attorney how critical it is to give me a copy of the other sides appraisal BEFORE court so I can point out the differences; and identify flaws for THEM to go after. The advantage I and others that do EW work have is that we usually have advance knowledge litigation is involved and charge accordingly to do EXTRA thorough jobs. He was deprived of that opportunity. If you and I do an typical appraisal we are supporting a credible opinion of value. When you go to court you not only do that; but you augment the report with enough data so that you are (at the same time) PROVING that no other opinion is reasonably possible. THAT is why my appraisal done for court HAS to have my advance knowledge and consent. I always try to do good work. For court, I strive (and charge for) "better" work.

I also say this respectfully; a forum IS a place where appraisers with different experiences and strengths SHARE that information. Including your own advice to seek E&O advice. Done carefully, shouldn't hurt-even though it would seem unnecessary.

 

[Terrel L. Shields]

Court testimony for an experienced appraiser comes under the heading of normal course of business.

Exactly, and yes, call your E & O too many times and like the boy that cried "Wolf", they may decide to ditch you.

Some lawyers are pretty "cute" about questions and when you see a question that is a little off, don't hesitate to ask they repeat it. I am also careful that when asked questions about the lender, the client, the borrower, whatever, I generally try to say that's not my job. Your experience shows that a savvy lawyer can trip you up and depositions are a serious matter. I think now I may want to see the transcript of those depositions after hearing your experience should I be called to testify again.

Nice post.