Another confidentiality question

[Webbed Feet]

I’m sorry Michael, but I will disagree and I’m sure a USPAP instructor or Webb will agree with my interpretation of confidentiality. You cannot discuss or expose your reports to anyone else but to the client or a judicial governing body. For source of data, Michael I would only state prior inspection and not an appraisal report.

Mr. Spellman,

I can't poke any holes in what you have said beyond adding that of course you have to discuss any appraisal with your state appraisal board if they want you to.

Webbed.

 

[liberated]

you can, and should, disclose the previous appraisal in the report itself. It specifically asks what you use for you source of information. A prior appraisal is a source.

Excellent answer.

 

[Webbed Feet]

Learning experience here for me as I am not exposed to as much residential work, but couldn't someone disclose they appraised the property before for $zzz without naming the client and maintain confidentiality?

Mr. Evans,

No, even without naming the client such a disclosure would violate confidentiality to disclose the final appraisal opinion of value. As we recall, it is allowable under USPAP for a client to request to not be disclosed in a report. So while a client's name may not appear at all in an appraisal report this still does not alter the confidentiality owed to that client under the Appraiser / Client relationship established via an engagement.

More than this, in the case being discussed in this thread, I have serious issues as to why any appraiser would be disclosing that they previously appraised the same property two to three years ago. What is the purpose germane to the analysis currently at hand under the new assignment? The only possible claim to any element for doing that is to try and alert the client they got screwed three years prior by some other appraiser. Sorry, that just is not a valid reason for the disclosure today that the same appraiser worked on it three years ago and suspects something. That is hardly even a case of claiming the same inspection data is used in the current assignment.

Webbed.

 

[Webbed Feet]

you can, and should, disclose the previous appraisal in the report itself. It specifically asks what you use for you source of information. A prior appraisal is a source.

Mr. Foley,

No, a prior appraisal done 2.83 years ago is not a source for an assignment today that has the type of intended use I suspect the O.P. has and is calling for a "Current" appraisal. The assignment is not for a Retrospective appraisal with an effective date of 2.83 years ago.

Webbed.

 

[Webbed Feet]

<...... snip.....>How are we ever going to nail these folks if we can't say anything. What say you?

Mr. Barclay,

I say you are in the wonderful state of Oregon! .. ... AFTER you have your assignment all completed and turned in. Why don't contact your source at your client and suggest if they should happen to decide to send you a copy of the appraisal used for that mortgage, that they might later enjoy the results of your having gotten your hands on a copy.

I happen to know the Oregon board really very much appreciates well documented complaints lodged against very over the top real estate appraisals.... Telling a state appraisal board about things like your prior findings regarding condition, etc., is not a violation of confidentiality. The board has all those lovely powers that supercedes all that. Still have your photos right? ... Funny how other appraisers that sorta forgot to report factual conditions don't do very well in front of the board explaining photos taken a few days before by another appraiser.

Webbed.

 

[Ray Miller]

I am in agreement with Mr. Wide flat foot on this one. I would simply mark appraisal files as a source of data. Move on with the report. I would not disclose the date, time, amount or anything else about the first appraisal.

But a hint that they might want to send the appraisal that closed the loan to the state for review.

 

[CANative]

An appraiser must protect the confidential nature of the appraiser-client relationship. Don't tell them who the client was.



An appraiser must act in good faith with regard to the legitimate interests of the client in the use of confidential information and in the communication of assignment results. Enough said.



An appraiser must be aware of, and comply with, all confidentiality and privacy laws and regulations applicable in an assignment.* Were there any?



An appraiser must not disclose confidential information or assignment results prepared for a client to anyone other than the client and persons specifically authorized by the client; state enforcement agencies and such third parties as may be authorized by due process of law; and a duly authorized professional peer review committee except when such disclosure to a committee would violate applicable law or regulation. It is unethical for a member of a duly authorized professional peer review committee to disclose confidential information presented to the committee. Went out the legitmate window.

I'd disclose that I had an assignment for that property during the same period so it doesn't come up later and you look like you were avoiding the issue.

If you're worried about it you could call up the old client and get his permission to send your old appraisal to your loss mitigation client.

 

[Lee Lansford]

Need some advice for a report I'm working on...
I want to disclose in my current report that I appraised the same property two months before it closed, and I want to tell them what it appraised for... What say you?

No. You can't disclose assignment results to anyone (any entity) other than your client, someone authorized by your client to receive the results or other legally authorized entities.

 

[Lee Lansford]

... For source of data, Michael I would only state prior inspection and not an appraisal report.

For this current assignment, I understand that the OP has accessed--inside and out--the Subject property. What relevance does a prior inspection have to this current assignment?

 

[Mike Boyd]

You cannot state you did an appraisal to a unintended user.

Where does it say that? It is MY opinion that you MUST disclose any prior appraisal you did on the property.