Divorce

[glenn walker]

Maybe and maybe not. Like anything else we have to make our own risk assessments.

Rule #1 is if you do not have the ability to assess the risks --then its best to decline the assignment especially if you believe you may be subpoenaed into a court room and you have no courtroom or experience with depositions or testimony .

 

[shrubberyvaluation]

I know for a fact attorneys use loan appraisals all the time in courts to just use as a reference to what the value was say 30-60-90-120 days ago. This is when two parties are not fighting over a value that had been established say for a recent refinance and the couple decide to separate .A typical family Law Judge and the attorney know squat about lender/client privlidge etc and as long as nobody is getting the original appraiser involved its a mute issue. They also do not know about UAD or which forms most just want to know what its worth.

I have shown up to courts where I was asked did you do this refinance appraisal two months ago and I am like yeah I did it and that was its value as of that date and that's all I can testify to .The Judge says fine your dismissed and off I go. When Plaintiffs and Defense are fighting and dispute a value then they engage their
own appraisers whose client is either the Plaintiff or the defense and unless engaged as Expert Witnesses they only testify as to what their OMV Was nothing more and nothing less. In 35 pus years I have never even seen a Lender/Client ever even show up at a divorce or a family law court : ) LMAO

Unless I'm being compelled by the judge, AKA being threatened with legal action if I don't comply.

Mr Appraiser is this your report? Due to client confidentiality I cannot say.
Mr Appraiser did you appraise this home for $400,000? Due to client confidentiality, I cannot say.

 

[ZZGAMAZZ]

the borrower on the appraisal is one of the partners. my little experience has been 1 low appraisal, i high appraisal. don't ask how that always happens, but the judge usually meets in the middle.
i will not do those appraisals, too much trouble in the long run, if you haven't been thru that before. of course nothing may happen. you're appraisal is supposed to be neutral for a loan, but somehow you have learned about the divorce. the perception of any influence isn't easy to defend.

Your comments remind me of a long-ago AF thread that addressed the appraiser as an "advocate" for his client, which still confuses me: how can one be an advocate while creating an objective report???

 

[ZZGAMAZZ]

I have been in many courts in my lifetime and I have never sen a Judge who knew anything about USPAP. The best one was when another appraiser was rambling on about USPAP and the Judge stopped him and said all I want to know is what's it worth :LMAO LMAO

Nephew G, Will you share a sample comment from an Engagement Letter for a divorce appraisal that addresses the fee/process to testify in court?

 

[glenn walker]

Your comments remind me of a long-ago AF thread that addressed the appraiser as an "advocate" for his client, which still confuses me: how can one be an advocate while creating an objective report???

You remove your appraisal hat and throw USPAP in the trash can and declare you are a Broker whose fiduciary Interest is to get you client the highest possible price or You declare yourself to be a consultant. There are many ways to be an advocate

 

[ZZGAMAZZ]

Unless I'm being compelled by the judge, AKA being threatened with legal action if I don't comply.

Mr Appraiser is this your report? Due to client confidentiality I cannot say.
Mr Appraiser did you appraise this home for $400,000? Due to client confidentiality, I cannot say.

So....how does the appraisal get involved in testifying in court in a divorce case? Does his client's counsel, or opposing counsel, or the court, issue a summons, or what? If so, is the appraiser summonsed as as "expert witness," per se? Etc., etc., etc.

 

[glenn walker]

Nephew G, Will you share a sample comment from an Engagement Letter for a divorce appraisal that addresses the fee/process to testify in court?

No I am sorry but I cannot do that as mine is proprietary and cost me over $2,000 dollars as it was written by both a Real Estate Attorney and a Family Law Attorney. BUT there are others who I am sure would have no problem sharing theirs with AF members .

 

[ZZGAMAZZ]

You remove your appraisal hat and throw USPAP in the trash can and declare you are a Broker whose fiduciary Interest is to get you client the highest possible price or You declare yourself to be a consultant. There are many ways to be an advocate

But doesn't performing services as a licensed appraiser require one to comply with USPAP, and to be objective in determining an Opinion of Value, regardless of how we define the client relationship? (Still the part I don't understand.)

 

[ZZGAMAZZ]

No I am sorry but I cannot do that as mine is proprietary and cost me over $2,000 dollars as it was written by both a Real Estate Attorney and a Family Law Attorney. BUT there are others who I am sure would have no problem sharing theirs with AF members .

Remind me: Hundreds n hundreds of AF horror stories about appraisals gone wrong, but it would sure be interesting if appraisal case law, and actual cases, were published in a book somewhere.

 

[glenn walker]

So....how does the appraisal get involved in testifying in court in a divorce case? Does his client's counsel, or opposing counsel, or the court, issue a summons, or what? If so, is the appraiser summonsed as as "expert witness," per se? Etc., etc., etc.

You cannot be summoned as a "Expert Witness " Thats is done by an agreement with a Client Only and as an expert witness also The judge: will decide whether the expert in question is qualified to present an opinion to the Court or the jury.