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Changing / Inaccurately Reporting Legal Description

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MrAnderson

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Oct 3, 2016
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Florida
Trainee Appraiser here with a question my supervisor can't answer:

We did an appraiser on a condominium unit where the legal description prefixes the unit number with the building number (Building #1 - Unit #108 shown as #1108 in the legal description). The unit number was shown as #1108 in the report to match the legal description. The lender requested a revision changing the unit number to match the order number which we did (and explained that the legal description used the building number prefix in the addendum). The lender then requested a second revision stating that there was a 'typo' in the legal description; that we should change the legal description as well (to eliminate the building prefix so that the legal description unit number matches the actual unit number / order unit number). We copied the appraisers property detail sheet showing the actual legal description into the report showing that the legal description lists the unit number as 1108 and explained it in the addendum referring to the document (which was attached to the report). The lender then requested a third revision asking to change the legal description again.

We verified on the title that the unit number is 1108. Can we change the legal description on the order and explain in the addendum that it was only changed per specific request (that the actual legal description is different), or should we refuse / change the unit number in the address section to reflect what the tax record / title says?

Thanks in advance for any help -
 

David Wimpelberg

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New York
When it comes to issues like this, report the facts. The legal description is a fact and should be reported as such. If the client wants clarification on the matter, it can be clarified in the narrative. These issues typically arise because of a misunderstanding on the part of the person requesting the change.
 

bnmappraisal

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Nov 9, 2011
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Certified Residential Appraiser
State
Florida
We copied the appraisers property detail sheet showing the actual legal description into the report showing that the legal description lists the unit number as 1108 and explained it in the addendum referring to the document (which was attached to the report).
:clapping: as i was reading your post, this was exactly what I was thinking for your to do. Then I saw that you did it :clapping:

I would say that unless the lender/client can provide you with other verifiable data showing the legal description is wrong, I think you've done your due diligence and the correct thing. Salut' :beer:
 

leasedfee

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Oct 14, 2007
Professional Status
Certified General Appraiser
State
Colorado
to reflect what the tax record / title says?
Tax rolls are full of abbreviations and inaccuracies. Pull the prior deed; look at the prior title policy; reference the current title commitment; pull the condo docs and map. Those rule the day. Disclose disclose disclose.
 
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