FHA Septic & Well Appraiser Lawsuit

[Huds_Harm]

If the appraiser had listed the information about the well and septic. The result would have been FHA turning down the loan.

I did not qualify for a conventional loan therefore I would not have been allowed to purchase this home so we can stop at FHA turning down the loan.

 

[Tiffany Gibbons]

I did not qualify for a conventional loan therefore I would not have been allowed to purchase this home so we can stop at FHA turning down the loan.

So someone else had to save you from yourself? And you wouldn't have been raising hell because you didn't get this house that you just had to have? You would be on this forum now complaining about how the appraiser caused you to miss out on the house you wanted. You already said you didn't look at anything but the value and had a case of buyer's regret. I thought you said the state board had already punished the appraiser?

 

[KONA]

Appraiser may have cloned a prior appraisal in the area, thus have the wrong box checked. When I used to review appraisals, I found a lot of this type of errors. Before you moved in; did you have the septic system pumped and checked?

 

[Huds_Harm]

So someone else had to save you from yourself? And you wouldn't have been raising hell because you didn't get this house that you just had to have? You would be on this forum now complaining about how the appraiser caused you to miss out on the house you wanted. You already said you didn't look at anything but the value and had a case of buyer's regret. I thought you said the state board had already punished the appraiser?

I was waiting for you. Like I said, this update is for those of you who defend this type of appraiser. I have never once stated I regret anything but the fact that I had an incompetent appraiser.
I said HUD assigned 14 hours of CE classes on FHA minimum property requirements. The state board is waiting for the outcome of my lawsuit to pursue her.

 

[Huds_Harm]

Appraiser may have cloned a prior appraisal in the area, thus have the wrong box checked. When I used to review appraisals, I found a lot of this type of errors. Before you moved in; did you have the septic system pumped and checked?

If it were just a wrong box checked, the following would have been in the commentary.

In case number 512-00000000: Per published listing and online data sources, the Subject property
was connected to an onsite well and sewage disposal system, but not identified, disclosed, or
discussed, and the Appraiser failed to report the availability of connection to a public/community
water and sewer systems, and/or whether there were any jurisdictional conditions requiring
connection.

Your other question has been previously answered.

 

[Tiffany Gibbons]

I was waiting for you. Like I said, this update is for those of you who defend this type of appraiser.

The kind that checked the wrong box? Yeah. There is not one appraiser in the world that has not checked the wrong box. Not to worry. Underwriter should have caught it if it was properly disclosed.

 

[Huds_Harm]

Tiffany, read closely. If it were just a matter of "checking the wrong box" the following would have been included in the commentary. Specifically as it relates to the well and septic meeting minimum distance requirements per the AMC's 21 point QC checklist.

8Does the report indicate that the sewer is private? If yes, does the
appraiser provide a comment on the availability of public sewer and
if the subject is required to connect? If also on private water, is
there a comment noting if the subject meets the minimum FHA
distance requirements from the well to the storage tank, drain field,
and property? Also, does the appraiser comment if private utilities
are common for the area and if there is any impact on the subject's
marketability?

4. Failure to provide an accurate description of the subject's/project's site and consider site conditions
or external factors that affect value.
• WATER/SEWER: The appraisal must report whether utilities are public or private and typical for
the area. If the subject has private water or septic, report the availability of connection to public
and/or community water or sewer systems and any jurisdictional conditions requiring connection.
The appraiser must be familiar with the minimum distance requirements between private wells and
sources of pollution, and if discernible, comment on them. The appraisal must note any MPR/MPS
deficiencies that are readily observable and require test or inspection.
In case number 512-00000000: Per published listing and online data sources, the Subject property
was connected to an onsite well and sewage disposal system, but not identified, disclosed, or
discussed, and the Appraiser failed to report the availability of connection to a public/community
water and sewer systems, and/or whether there were any jurisdictional conditions requiring
connection.

 

[Tiffany Gibbons]

Tiffany, read closely. If it were just a matter of "checking the wrong box" the following would have been included in the commentary. Specifically as it relates to the well and septic meeting minimum distance requirements per the AMC's 21 point QC checklist.

8Does the report indicate that the sewer is private? If yes, does the
appraiser provide a comment on the availability of public sewer and
if the subject is required to connect? If also on private water, is
there a comment noting if the subject meets the minimum FHA
distance requirements from the well to the storage tank, drain field,
and property? Also, does the appraiser comment if private utilities
are common for the area and if there is any impact on the subject's
marketability?

4. Failure to provide an accurate description of the subject's/project's site and consider site conditions
or external factors that affect value.
• WATER/SEWER: The appraisal must report whether utilities are public or private and typical for
the area. If the subject has private water or septic, report the availability of connection to public
and/or community water or sewer systems and any jurisdictional conditions requiring connection.
The appraiser must be familiar with the minimum distance requirements between private wells and
sources of pollution, and if discernible, comment on them. The appraisal must note any MPR/MPS
deficiencies that are readily observable and require test or inspection.
In case number 512-00000000: Per published listing and online data sources, the Subject property
was connected to an onsite well and sewage disposal system, but not identified, disclosed, or
discussed, and the Appraiser failed to report the availability of connection to a public/community
water and sewer systems, and/or whether there were any jurisdictional conditions requiring
connection.

Well, it sounds like the AMC should be added to the lawsuit as well.

 

[Huds_Harm]

Well, it sounds like the AMC should be added to the lawsuit as well.

The AMC did not verify this because.........................

The appraiser went against what it was listed as and marked it as public utilities.

 

[glenn walker]

If the poster was in California I would get her/him a free consultation with our law office BUT I would also advise her/him that based on the entirety of the post it's going to be a long uphill battle where costs could easly exceed $25,000 due to opposing council, using the typcial run out the clock and bankrupt the FHA buyer who typically does not have large amounts of $$ resources to pay for the experts needed to be on the winning team.

A honest lawyer will advise the client no matter how right they may be in "principle"that - they simply do not have the money to win. Unfortunately many unethical lawyers who will continue to take money from the client all the while knowing they have no case.