Court Case

[Kim Whiting]

I did an appraisal for Fifth Third Bank. Everything we do for Fifth Third Bank is for a refinance or home equity purposes. All of a sudden I am called into court to testify in a divorce situation. Ive tried telling the attorney who supenoed me that I cannot talk to anyone about the appraisal other than my client (Fifth Third Bank). If I dont appear in court they will issue a bench warrant on me. If I appear and breach the confidentiality between myself and my client Im violating Michigan state law and could lose my license. Has anyone had this happen to them and is there a way out of this? I did not do the appraisal for a divorce. The homeowner however, is using the appraisal I did for a mortgage transaction in a divorce settlement case.
thanks in advance for your help.

 

[Mztk1]

The only law that counts in the court room is the rule of the judge.

Go. Tell them you are under confidentiality with your client Fifth Third and if the judge requires you testify, you testify.

An appraiser must not disclose confidential information or assignment results prepared for a client to anyone other than the client and persons specifically authorized by the client; state enforcement agencies and such third parties as may be authorized by due process of law; and a duly authorized professional peer review committee except when such disclosure to a committee would violate applicable law or regulation. It is unethical for a member of a duly authorized professional peer review committee to disclose confidential information presented to the committee.

 

[Michigan CG]

Kim,

There are some very good threads about this on here. Search the forum for 30 minutes and you will find all of the advice you need.

Your rare case is why folks should write their reports as if they will be reviewed by the state or be called in to testify about the report.

 

[Kim Whiting]

thanks for your replies, but i guess Im now wondering why I am so careful about intender user, intended use and scope of work if someone other than my client (different user) can use my report for a different purpose.
Kim

 

[Walter Kirk]

Kim,
As noted above there has been plenty of discussion about this on this Forum. Most important to you is the Judge in the case. You MUST notify the judge that you did not prepare a report for the divorce case, and that you have not been paid a witness fee. If the judge insists that you testify ( very doughtful) you must ask the judge to order you to testify, this will exempt you from confidentiality since you will be acting under a court order.

 

[Lobo Fan]

I did a refi appraisal for a couple that was splitting the sheets. I told them very clearly during the inspection that the appraisal could not be used for their divorce proceeding. It seems their lawyer told them to start on the loan, get the appraisal, then cancel the deal. I kept waiting for the other shoe to fall. It has been over one year now, so I think I am in the clear.

 

[Terrel L. Shields]

Fifth Third Bank

reminds me. I think I will start on my 3rd Fifth....hiccup....

A lot of judges will make you testify. Don't express an opinion. Make it plain you can only testify as a witness to fact. You are not to express an opinion. Which side subpoenaed you? Call the lawyer for the other side and offer your services as an expert....

 

[Webbed Feet]

I did an appraisal for Fifth Third Bank. Everything we do for Fifth Third Bank is for a refinance or home equity purposes. All of a sudden I am called into court to testify in a divorce situation. Ive tried telling the attorney who supenoed me that I cannot talk to anyone about the appraisal other than my client (Fifth Third Bank). If I dont appear in court they will issue a bench warrant on me. If I appear and breach the confidentiality between myself and my client Im violating Michigan state law and could lose my license. Has anyone had this happen to them and is there a way out of this? I did not do the appraisal for a divorce. The homeowner however, is using the appraisal I did for a mortgage transaction in a divorce settlement case.
thanks in advance for your help.

Ms. Whiting,

One puts and end to this crap by having all borrowers / property owners sign a contract at the time of inspection that is thier agreement that if any agent, representative, attorney on their behalf causes an action of subpoena against you to testify then they agree they owe you a fee of $(lots of moola) per hour, including travel time, and all expenses you incur.

Webbed.

 

[Amy Perkins]

hmm,
Tell them you can do a whole other appraisal but the attorney has to send you the order, the inspection date can be the same. Then, charge $175-275 per hour for expert witness testimoney. Explain to the lawyer this is all you can do to help their case.

 

[Amy Perkins]

I would charge for a new appraisal and recommend that you use a general form aka GPAR