Divorce

[Tom D]

i haven't seen many judges who care about USPAP. it's for appraisers only, the rest of the world cares not. a jury is even more ignorant about these matters.

 

[J Grant]

i haven't seen many judges who care about USPAP. it's for appraisers only, the rest of the world cares not. a jury is even more ignorant about these matters.

The topic imo has nothing to do with USPAP. It is about the assignment type.

 

[Mark K]

The topic imo has nothing to do with USPAP. It is about the assignment type.

The assignment type is refi but it doesn't take much thinking to realize that the lawyer wants to use the appraisal for the divorce proceedings....assuming they like the number on the report.

Neither the judge nor the lawyer cares about USPAP or the purpose of the report; they'll use it and subpoena the appraiser to testify.

If I was the OP, I'd decline the assignment.

 

[shrubberyvaluation]

So basically the purpose is a refi, however a reader of the report may make it a hassle by bringing it to court. A sad state of affairs but that is the reality.

 

[Tom D]

the topic has to do with the knowledge of a soon to be divorce. lawyers, judges & stupid jurors don't care about the assignment type.

 

[glenn walker]

i haven't seen many judges who caree about USPAP. it's for appraisers only, the rest of the world cares not. a jury is even more ignorant about these matters.

I have been in many courts in my lifetime and I have never sen a Judge who knew anything about USPAP. The best one was when another appraiser was rambling on about USPAP and the Judge stopped him and said all I want to know is what's it worth :LMAO LMAO

 

[J Grant]

The assignment type is refi but it doesn't take much thinking to realize that the lawyer wants to use the appraisal for the divorce proceedings....assuming they like the number on the report.

Neither the judge nor the lawyer cares about USPAP or the purpose of the report; they'll use it and subpoena the appraiser to testify.

If I was the OP, I'd decline the assignment.

We can both speculate about it -
But imo, it is hard to fathom a lawyer would be that stupid or cheap to use a loan purpose appraisal for a divorce proceeding - and if they do, since the appraisal was done for a different purpose, appraiser can refuse to appear in court unless the lawyer gets a judge to order a court subpoena - why would a lawyer go through all that and take the chance of their parties;' appraisal being discredited , when they can order a new appraisal for the divorce purpose. It is possible but imo a small probability of it happening.

But if OP wants to avoid the assignment in case it is ever used by a divorce attorney that is their call.

 

[J Grant]

I have been in many courts in my lifetime and I have never sen a Judge who knew anything about USPAP. The best one was when another appraiser was rambling on about USPAP and the Judge stopped him and said all I want to know is what's it worth :LMAO LMAO

While a judge may not understand the intricacies of USPAP, they can understand the simple verbiage of a lender use 1004 form that states not for any other use than mortgage lending .The other side's attorney would understand it too and make mincemeat out of the appraisal because of it. Only an extremely stupid lawyer would allow that to happen, rather than just ordering a new divorce purpose appraisal when the time comes.

 

[shrubberyvaluation]

While a judge may not understand the intricacies of USPAP, they can understand the simple verbiage of a lender use 1004 form that states not for any other use than mortgage lending .The other side's attorney would understand it too and make mincemeat out of the appraisal because of it. Only an extremely stupid lawyer would allow that to happen, rather than just ordering a new divorce purpose appraisal when the time comes.

Maybe and maybe not. Like anything else we have to make our own risk assessments.

 

[glenn walker]

While a judge may not understand the intricacies of USPAP, they can understand the simple verbiage of a lender use 1004 form that states not for any other use than mortgage lending .The other side's attorney would understand it too and make mincemeat out of the appraisal because of it. Only an extremely stupid lawyer would allow that to happen, rather than just ordering a new divorce purpose appraisal when the time comes.

I know for a fact attorneys use loan appraisals all the time in courts to just use as a reference to what the value was say 30-60-90-120 days ago. This is when two parties are not fighting over a value that had been established say for a recent refinance and the couple decide to separate .A typical family Law Judge and the attorney know squat about lender/client privlidge etc and as long as nobody is getting the original appraiser involved its a mute issue. They also do not know about UAD or which forms most just want to know what its worth.

I have shown up to courts where I was asked did you do this refinance appraisal two months ago and I am like yeah I did it and that was its value as of that date and that's all I can testify to .The Judge says fine your dismissed and off I go. When Plaintiffs and Defense are fighting and dispute a value then they engage their
own appraisers whose client is either the Plaintiff or the defense and unless engaged as Expert Witnesses they only testify as to what their OMV Was nothing more and nothing less. In 35 pus years I have never even seen a Lender/Client ever even show up at a divorce or a family law court : ) LMAO