I recommend everyone read the transcript, "Strategies for Investigating Discriminatory Residential Appraisals." It's a goldmine of information for avoiding a discrimination lawsuit.
So let me run through some examples of circumstantial evidence of what could be used to show an intent to discriminate. Well, any variations from established practices of the appraiser. Variations from best appraisal practices. Any unusual sequence of events in the process that was followed. Negative comments about the neighborhood that are unsubstantiated. A failure to include any positive aspects of the neighborhood. The use of inappropriate comparable properties. Excessive adjustments to comparable properties. And an intent to discriminate can in some instances also be proven solely by a statistical analysis that demonstrates an unusual variation in outcomes.
Other examples of evidence that could give rise to an inference or intent to discriminate would include the following. Looking at the accuracy and completeness of an appraisal. Are all the facts contained in the appraisal true? Does the appraisal contain all relevant facts? Or is important information missing? What comments are made about the neighborhood? Are they accurate? Are they complete? Did the appraisal mention only negative information about the neighborhood and ignore any positive developments going on in the neighborhood?
What about the appraiser's compliance with best appraisal practices? Was there the appropriate use of comparable properties? How has the appraiser or the appraisal company conducted appraisals in different neighborhoods of different racial compositions? Are there any significant differences in how the appraisals are conducted in neighborhoods of different racial composition?
What are the contents of the appraiser's standard file regarding the subject neighborhood? Many appraisers have files they routinely call upon and use to support their appraisals based upon the characteristics of the neighborhoods. Is the information in that file complete? Is it accurate? How does it compare in completeness and accuracy to other neighborhoods as well?
Other circumstantial evidence that can be explored to determine whether there might be a problem with a particular appraiser or appraisal company. What is the reputation of that particular appraiser within the local real estate community? One could check with other realtors. Well, with realtors, often who are the most have the most experience with mortgage lending and appraisals going on in the community. Other banks and credit unions may not deal with certain appraisers because of questionable practices. How about the local community development agencies? What do they know about the appraiser under question? Has the municipal government had any experience with particular appraisers that caused or raised questions? And what is the reputation among other appraisers about the appraiser under investigation?