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Court Appointed Assignment Scenario

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Kevin A. Spellman

Senior Member
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Aug 30, 2003
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Certified Residential Appraiser
State
Massachusetts
There are two appraisals, one for the wife, and one for the husband who are getting divorce. There is a $100,000 difference between each report.

One report is for the divorce and the other was a bank-refinance appraisal, both reports are within three months of each other. The divorce appraisal is the most recent report. Neither report was submitted as evidence.

The court orders a third appraisal. An appraiser has done an appraisal for the wife and now for the court.

I believe doing a second appraisal within a short period and for the same purpose with same intended user would create a problem. The appraiser now has two clients for the same purpose. There are now two appraisal reports for the same purpose for two different clients.

I got a call to be a third appraiser, but I have not accepted the assignment yet. I have not done an appraisal for either party or for the court.

The question I’m asking this forum, would you have accepted the “Court Appointed Assignment” if you have done the divorce appraisal?
 
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Terrel L. Shields

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State
Arkansas
You mean you were one of the parties who appraised the property first? Then you are asked to provide a 3rd???? No go sunny. A third appraisal should be prepared by a third appraiser. You have a conflict of interest.
 

Kevin A. Spellman

Senior Member
Joined
Aug 30, 2003
Professional Status
Certified Residential Appraiser
State
Massachusetts
I have not done an appraisal. I would be a third appraiser.

There is only one appraiser for the two divorce reports for the same purpose.
 

PropertyEconomics

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Jun 19, 2007
Professional Status
Certified General Appraiser
State
New Mexico
I think the post is very confusing ... why not say what YOU did ... so we can understand a bit better since it is YOU asking the question.
 

KenRossman

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Oct 20, 2004
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Certified General Appraiser
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Florida
:Eyecrazy: ten charachters...
 

Terrel L. Shields

Elite Member
Gold Supporting Member
Joined
May 2, 2002
Professional Status
Certified General Appraiser
State
Arkansas
So some nitwit appraised the property, then came back with different purpose (property settlement) and appraised it differently?...Why didn't they use the original appraisal? Market really changing that fast? Or he was just not only a fool but a liar?

Go ahead, don't consider or even look at the other appraiser's work and if they offer it say NO. Appraise it. Do it on a narrative and look professional about it. It will carry the weight.
 

Kevin A. Spellman

Senior Member
Joined
Aug 30, 2003
Professional Status
Certified Residential Appraiser
State
Massachusetts
If you did an appraisal for the wife for the divorce and then the court appoints you as an appointed appraiser would you accept? The court does not know you did an appraisal already for the same purpose.
 

Kevin A. Spellman

Senior Member
Joined
Aug 30, 2003
Professional Status
Certified Residential Appraiser
State
Massachusetts
The court ordered a third appraisal. They owners are arguing over the $100,000 difference. The appraiser accepted the assignment and now has two reports for the same purpose for two clients, the wife and the court.
 

Terrel L. Shields

Elite Member
Gold Supporting Member
Joined
May 2, 2002
Professional Status
Certified General Appraiser
State
Arkansas
If you did an appraisal for the wife for the divorce and then the court appoints you as an appointed appraiser would you accept?
The court does not know you did an appraisal already for the same purpose.
You still have me confused.

Did or did not you appraise the property already? If you did BACK OFF. Don't do another one. Let a THIRD party do it.

If you have done one for DIVORCE and someone else did one for MORTGAGE, a lot of judges might WEIGHT the mortgage appraisal since the PURPOSE was not driven by the circumstance (divorce). ALL courts will suspect the appraiser of doing a report to favor their client.

If you did the MORTGAGE report and the DIVORCE report was prepared by someone else, you still cannot be a "third" party. It's like going to the Proctologist and having him prod you and tell you his opinion and you ask for a second opinion so he puts the plastic glove on his other hand...
 

PropertyEconomics

Elite Member
Joined
Jun 19, 2007
Professional Status
Certified General Appraiser
State
New Mexico
If you did an appraisal for the wife for the divorce and then the court appoints you as an appointed appraiser would you accept? The court does not know you did an appraisal already for the same purpose.


Did you do an appraisal for the wife?
 
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