What would constitute a hypothetical condition if it is not for the appraisal of something that is contrary to that which exists? In the OP .. the land is improved, the lender wants the value of the land "as if vacant" .. again how is that not an assignment for something contrary to that which exists?
Asked and answered. Go back to the OP and start reading again.
What is being argued is standard one starting at line 502 and ending 524.
Danny is wrong when he says that we rely to much on legal documents. I dont know what he meant by that since that is the only way property rights are expressed.
His use of a personal property, an auto broken down into parts, is mixing apples and oranges. There are no legal expressions of individual car parts. There is only a legal title of a car with or without all its parts. The title can not be broken down into indvidual rights. It exist only to show who owns the personal property!
I am firmly within your camp on this issue. The fatal flaw on the other side is they seem to be ignoring other parts of USPAP, one example; lines 577 to 587. Its plain to me that we all must be careful when we take USPAP out of context.
Heres another part they are ignoring; lines 125 to 129. This is actually huge because it clearly supports my on-going contention that individual licenses should not be directing questions about USPAP to the TAF. All questions about USPAP should be directed only to the state appraisal boards who have jursidiction over you as a licensed appraiser.
Its frustrating to me when the TAF chooses to take a very clear part of USPAP and deliberatly muddy it up with nonsense.
So to answer the original OP; the property can not be appraised AS-IS for your client. Unless, that manufactured home is still titled with your state as a motor vehicle(NC for example) or classifed as personal property. Some states may look upon it as being a fixture. Who knows. Check with your state, dont waste your time asking the TAF.
PE, Heres a good question to think about. Have you ever wondered why the TAF has never included the definition of Fee Simple, Fee Simple Estate or Fee Simple Title?
From the Dictionary of Real Estate Appraisal, AI
fee simple estateAbsolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.
fee simple title
A title that signifies ownership of all the rights in a parcel of real property, subject only to the limitations of the four powers of government.