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Appraising occupied REO for Re-Sale

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However....




Seem pretty obvious.
No it is not obvious it would be very unusual for a lender to order a value subject to occupancy impeding transfer of clear title as an assignment condition ( and if they did, it would not be market value )
 
I will clarify that "occupancy" is a component of the assignment, however the listing agent who is the client's contact indicated as such. Yes, I know the listing agent is not my client. I understand your point in regards to market value definition and the certs. which is a way to ignore the occupancy, however, the property as-is is illegally occupied and the sellers do not plan to do anything about it prior to transfer of title. Certainly this influences what fair market value is. I'm not seeing how coming up with a defensible market reaction number for the purchase of an illegally occupied property versus a vacant property demonstrates a lack of competence. The client is looking for a reasonable listing price. All of this assuming "occupancy" is a component of the assignment which I will clarify with the client.
I have read the various definitions of market value. No where in any of them does it mention anything about it depending on occupancy. What is your assignment? Market value? Liquidation value? Value in use? Is the propert more or less valuable to the typical market participant because the Seller's cousin is living there? Or because it's currently rented? Or because it's in foreclosure and the occupants haven't yet been evicted? No. You are appraising the property.... not the situation.
 
I have read the various definitions of market value. No where in any of them does it mention anything about it depending on occupancy. What is your assignment? Market value? Liquidation value? Value in use? Is the propert more or less valuable to the typical market participant because the Seller's cousin is living there? Or because it's currently rented? Or because it's in foreclosure and the occupants haven't yet been evicted? No. You are appraising the property.... not the situation.
Agree. If appraisers appraised a subject according to occupancy, then we truly would be guilty of the lawsuits saying a property appraised higher because the owner occupant was white vs when the appraiser thought the owner occupant was black.

Mv ( certs ) assume clear and marketable title which assumes no adverse possession/occupant title issues. Appraising a property based on it having adverse possession/squatters would not be MV

The question is, why are some appraisers confused about this??? The answer is the most basic part of appraising which, it seems, some still don't seem to understand. Our appraisal of the subject is based on a MODEL, HC "sale" of the subject which occurs at the terms and conditions in the definition of market value !! It is NOT an appraisal at the terms of conditions of a specific deal, contract, or based on who occupies it .

Thus, we do not appraise an REO owned house as an "REO property " ( there is no such property type, REO is a form of ownership). If we are appraising an REO owned house for market value, we appraise it for the most probable price it should bring as any other house if sold at the MV definition terms and conditions. That holds true for situations such as whether subject is occupied or vacant, rented or not, being used as an air bnb, etc etc. Many houses we appraise are not officially listed for sale, (such as a refinance) , yet we appraise them "as if" they they are in a sale transaction for the SCA. So the same applies in an actual sale, where we still appraise the subject "as if" it is in a sale transaction at the MV definition terms for the SCA. That is why we are supposed to ignore concessions and other specific sale contract terms, yet we have posts here asking if since the subject contract has a concession, the comps need to be adjusted. That shows the appraiser does not grasp that they are appraising a HC theoretical "sale", not the actual price or terms present in a contract. Imo this problem is so fundamental that an appraiser not grasping it needs to go back for re education or find something else to do. This lack of understanding is why we see appraisers running around trying to support a real world SC price instead of appraising the property - it can lead to the worst problems we can find in appraisals.
 
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No it is not obvious it would be very unusual ...
From what the OP said, it is obvious for most readers but I agree, it is not common.

If an appraiser is not comfortable doing as requested, they should decline. Pretty easy business decision. Personally, I wouldn't do it and I've been known to take on just about any assignment for the right fee.
 
From what the OP said, it is obvious for most readers but I agree, it is not common.

If an appraiser is not comfortable doing as requested, they should decline. Pretty easy business decision. Personally, I wouldn't do it and I've been known to take on just about any assignment for the right fee.
I agree if we take the OP at face value, however my opinion is that the OP is confused about what the client really wants and assumed the client wanted it made subject to occupancy - we never heard back from the OP what happened if they checked back with the client so we may never know -

An appraisal made subject to squatters in residence is something other than MV and as a complex assignment is cause for decline of course.
 
An appraisal made subject to squatters in residence is something other than MV and as a complex assignment is cause for decline of course.
What assumption would you use? There could be numerous scenarios. Do the occupants leave on their own knowing the property is going to be sold. Do they leave if they get a 3 day notice. Do they leave after a 30 day notice. Do they stretch it out for months until the sheriff sets them out. Too many what ifs and maybes
 
What assumption would you use? There could be numerous scenarios. Do the occupants leave on their own knowing the property is going to be sold. Do they leave if they get a 3 day notice. Do they leave after a 30 day notice. Do they stretch it out for months until the sheriff sets them out. Too many what ifs and maybes
Idk the answer, I've never done a value subject to occupancy, and back in the day I did hundreds of REO appraisals (including some that were pre foreclosure still occupied ).

The unknowns you mention would make it a complex assignment and almost impossible to give a point value or DOM market exposure , which is why bank clients as far as I know do not order a valuation subject to what the occupants in residence are doing or plan to do. If the occupants were hostile in a pre foreclosure we could not inspect the interior ( they would not let us in, we were supposed to knock and ask to come in/explain why we were there- awkward! ) most of the people if they were home would not answer the door, thankfully. Like sure, "Hello deadbeat, I am doing a valuation for the bank that wants to take your house away, but can I come inside and inspect it?"
 
There can be a legal wrinkle to some residential foreclosures. If the occupants are renters and they have a lease the Bank/lender can not just evict them just because the title changed hands. We had a similar situation in NC. Lender tried to terminate the Tenants lease. When the lender went to court to force an eviction the Judge spanked the Banks Attorney. So the title can change hands with tenants. Will this effect resale? Possibly. Can you extract that from the market? I think it would be ver difficult at best.

 
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