Court Case

[timd354]

Kim, you need to consult with an attorney in your jurisdiction to see what your rights and obligations are under the law in your jurisdiction in this situation. I would not be following any advice that you would receive on this board regarding legal matters.

 

[Bearslide]

Kim, you need to consult with an attorney in your jurisdiction to see what your rights and obligations are under the law in your jurisdiction in this situation. I would not be following any advice that you would receive on this board regarding legal matters.

Ditto - too important to NOT consult an attorney.

And I like Web's idea for future protection.

 

[Carnivore]

Kim, you need to consult with an attorney in your jurisdiction to see what your rights and obligations are under the law in your jurisdiction in this situation. I would not be following any advice that you would receive on this board regarding legal matters.

timd

not to nit pick you, but we all including you comment and advise about legal matters all the time. We interpret state laws, USPAP, FIRREA, etc etc etc.

We advise all the time and we share our experiences just as Terrell did in many earlier threads and post.

So heres my advice to Kim.

Kim,

Contact the other lawyer ASAP and offer your services! Its getting obvious the other side may not have mutually agreed to allow your appraisal to be submitted as evidence or they dont know about it yet. They often agree to allow things to happen without calling someone to testify. My last marital asset case both sides agreed to settle on the basis of my current and retrospective reports. The judge issued the order for both reports and ordered that they split the cost. Hence I was retained . No testifying for me and an easy set of fees.

Its also possible there is another appraisal on the other side.

 

[Terrel L. Shields]

One little trick. In most states the clerk of the court is supposed to have a witness check for you. It might be $15 in most states but if they don't have a check cut for you Before the trial, in some cases, you can simply notify the clerk and walk out. That was advice I got from a lawyer.

 

[Joker]

Most likely the attorney is lying and hopes you are stupid enough to work for free. Check to see who issued the supeona and if it is signed by a judge. If it doesn't have a judge's signature I'd, ignore it.

If it is signed by a judge, you are a witness of fact. State facts only. The first question in which you are asked an opinion or about your opinion (the appraisal), you state to the judge that you have not been retained as an expert witness and that if the line of questioning continues, your fees are $zzz.xx per hour with a minimum fee of $zzz.xx

 

[The Warrior Monk]

If it is signed by a judge, you are a witness of fact. State facts only. The first question in which you are asked an opinion or about your opinion (the appraisal), you state to the judge that you have not been retained as an expert witness and that if the line of questioning continues, your fees are $zzz.xx per hour with a minimum fee of $zzz.xx

If I had to appear in court, the first thing I would ask the judge is why was I being asked to violate a confidentiality agreement with my client.

 

[Webbed Feet]

If I had to appear in court, the first thing I would ask the judge is why was I being asked to violate a confidentiality agreement with my client.

Mr. Wimpelberg,

That will be fun for most appraisers when a judge asks them for a copy of that confidentiality agreement with their client and it dawns on them they don't have one. In the next moment they will be explaining to the judge they meant to say USPAP requires it and they don't really have any signed agreement with their client. So after getting egg all over themselves, and proving they make verbal mistakes while on the witness stand, the judge is going to ask this witness how it is the witness knows what questions are going to be asked before they are asked? As the questions may regard nothing confidential at all, and if they do the witness is to let the judge worry about that. So with more egg on their faces the appraisers that do that will have just politely been told to turn around and answer the questions.

Webbed.

 

[Kim Whiting]

I appreciate all your responses........and I will most definately ask the judge why an appraisal done for a re-fi is being used for a different use........and why I am asked to come to court....lose a day perhaps, to answer questions about an appraisal being used by a different user who isnt the client. I have contacted an lawyer and have gone to fifth third's legal department (who the appraisal was done for) and they said to go to court. The opposing side (husband) had an appraisal done intended use (divorce) .....mine wasn't. I stand by my appraisal.........that isnt the issue. My issue is intended user/intended use and the fact that I was not alerted to the fact that I may have to waste time in court which would have had an impact on my fee.
kim

 

[The Warrior Monk]

Mr. Wimpelberg,

That will be fun for most appraisers when a judge asks them for a copy of that confidentiality agreement with their client and it dawns on them they don't have one. In the next moment they will be explaining to the judge they meant to say USPAP requires it and they don't really have any signed agreement with their client. So after getting egg all over themselves, and proving they make verbal mistakes while on the witness stand, the judge is going to ask this witness how it is the witness knows what questions are going to be asked before they are asked? As the questions may regard nothing confidential at all, and if they do the witness is to let the judge worry about that. So with more egg on their faces the appraisers that do that will have just politely been told to turn around and answer the questions.

Webbed.

Many appraisers may have such an agreement without realizing it. Many lenders do not have such an agreement for every assignment, but have a general agreement when they signed up to work with the lender.

Also, the appraiser is not expected to know the answers to the questions. After all the appraiser was supeonaed by some third party and not as an expert witness. Since the appraiser hasn't had time to prepare, they appraiser cannot even verify that the report is indeed a copy of the one that was prepared.

 

[timd354]

I appreciate all your responses........and I will most definately ask the judge why an appraisal done for a re-fi is being used for a different use........and why I am asked to come to court....lose a day perhaps, to answer questions about an appraisal being used by a different user who isnt the client. I have contacted an lawyer and have gone to fifth third's legal department (who the appraisal was done for) and they said to go to court. The opposing side (husband) had an appraisal done intended use (divorce) .....mine wasn't. I stand by my appraisal.........that isnt the issue. My issue is intended user/intended use and the fact that I was not alerted to the fact that I may have to waste time in court which would have had an impact on my fee.
kim

I would send the attorney a certified letter (return receipt requested) informing him that my rate for providing expert testimony is $200 per hour and includes my travel time. I would inform him that I expect him to pay my fee if insists that I come to court and that, if does not want to pay my fee, to release the subpoena.