Court Appointed Assignment Scenario

[Kevin A. Spellman]

Ken I believe you have described the correct and honorable way to proceed. My argument has always been the appraiser for the wife should not have accepted the assignment from the court without the court knowing the appraiser has represented the wife for the same purpose. The appraiser is well aware for the purpose of the appraisal for the court. The appraiser met the husband at the property and said: “I just did an appraisal for this property recently for your wife”.

The valuation service and possible testimony is worth less than $1,500 most likely around $1,000. This appraiser could easily be removed for future work from the court. I would have refused the assignment if I was the wife’s appraiser. To be selected as an expert from the court is an honor and a privilege. I think the wife’s appraiser will upset the court and has abused his privilege as an expert, but I will not know this until sometime in June when the couple returns to court.

Again I just wanted to share this scenario with this forum from a business prospective and not to interject the spirit of USPAP or if a violation exists or not.

 

[Wayne Tomlinson]

I have done several appraisals to be used for divorce settlemts.
It has been my observance that the parties have the right to submit whatever evidence they want, and it is not the judges place to interfere with that.

Often the judge bases his opinion based on the submitted reports, sometimes with appraisal testimony which can be questioned by the other side. In most instances, I receive a copy of the other appraisal if there is one. Unfortunately all too often the judge uses the time proven practice of adding the two values and dividing by two and guess what! The magic number pops up which just happens to be exactly half way between the two values.

Solomen could not have done better.

I did recently have an appraisal ordered directly by the court. In this case, the couple had been carrying on over two years in looking for a settlement. The judge ordered an appraisal, told the parties that whatever the value found WOULD BE the value. Each was to pay one half. The wife did, the husband didn't until I told the judge of his oversight.

She threatened him with contempt of court and got his attention

In another case with same judge, this couple had 10 small rental houses. They also had spent many months quibbling.

In this case, the judge ordered the home sold at public auction. The parties were told that if either wanted to keep any of the properties, they could bid just like anyone else with no favor shown

I attended the auction. The total elapsed time from introduction to the last bid---45 minutes.

Wayne Tomlinson

 

[Webbed Feet]

Ken I believe you have described the correct and honorable way to proceed. My argument has always been the appraiser for the wife should not have accepted the assignment from the court without the court knowing the appraiser has represented the wife for the same purpose. <....snip....>

Mr. Spellman,

Given the circumstances, I have to admit I see much more logic in any appraiser making such a disclosure versus not doing so. I would certainly agree with you that if there is any circumstance in which to error on the side of caution, what you describe sure seems like a good one!



Webbed.

 

[froboz]

Say Mr spellman
First question is do you have enough work to be willing to say no? (This would be to the possibility of being the court appointed appraiser after the courts see your work)
Second question is do you have a fear of testifying?

If your answer is yes to the questions (one or both) then turn this one down it appears to be a bit messy.

Remember that when you testifying in court you get paid by the hour (1/2 day min) at a rate typically much higher than you would be earning when doing an appraisal. You should also be very confident of your appraised value and have very good comparables.

I personally have found it quite interesting how many appraisers do not do divorce work only because they typically do not like to testify in court. it’s my opinion that appraisers who are unwilling to testify lose out on a good deal of work. It is also work that often pays better and I typically do not even get to testify (the opposing attorney only wanted to see if I would actually show up, of course hoping that I wouldn’t). Most often, when it is seen that you are there and willing to testify, things seem to get settled before you get to have that chance.

 

[froboz]

Sorry I hit the button twice.

 

[Bill_FL]

Never mind. Other answers covered it.

 

[Kevin A. Spellman]

Mr. Froboz

I have been qualified by the highest courts here in MA, a federal court in CA and a probate court in NH. I have been refusing assignments weekly since 1987. I provide a service of worth and not to just add to the revenues.

I refused three assignments today with a minimum of $1,500. Two are for a divorce and one for a refinance that could never happen with my findings. The divorce assignment will come back in the fall about a week before the trail. I told the potential client the report will have more creditability in the fall than for today values. Also why give the other side so much time to review the report for the divorce.

My business is all referrals. I’m not in the yellow pages, not on the web. All bank, realtor and owner’s referrals. I work a small area on the South Shore of Boston. This has work for me since 1987 when I open for business.