Ethical/Moral Dilemma

[ucbruin]

What....
No clergy on the list....

 

[sputnam]

AI Who are Mandated Reporters?

• Childcare and Education Professionals:
  Teachers, school officials, social workers, daycare workers, and residential or institutional workers are often mandated reporters.
  
  
• Healthcare Professionals:
  Physicians, nurses, mental health professionals, and other healthcare personnel are typically included.
  
  
• Social Services and Care Workers:
  Social workers, foster care employees, and staff in assisted living or nursing homes are often on the list.
  
  
• Law Enforcement and Legal Professionals:
  Police officers, judges, and animal control officers have a legal duty to report.
• 
  
• My comment: Appraisers are not on the list.

Instead of AI... check your state law. In my state, everyone is on the list. You have a legal obligation to report elder abuse. To my knowledge, it isn't enforced if you don't but, the law says you are supposed to.

 

[J Grant]

Instead of AI... check your state law. In my state, everyone is on the list. You have a legal obligation to report elder abuse. To my knowledge, it isn't enforced if you don't but, the law says you are supposed to.

It looks like in FL, reporting is required, but can be anonymous unless someone is a mandated reporter ( teacher, health care worker, etc) - mandated reporters have to leave a name. There is, as you mention, likely no enforcement for a regular person not reporting.

Idk if what is described rises to the level of abuse. It is a messy, neglected house, but if the occupant is clean and fed with no bruises, it likely would not be classified as abuse. However, I suggested they call and make an anonymous complaint from post one. Some went too far here, suggesting the appraiser talk to the daughter. That is way out of our lane, and the daughter might turn nasty and report the appraiser to a board or to the lender out of spite, especially if they claim they lost the loan approval because of the appraiser's personal judgment.

If the lender has a stipulation to call or stop a C5 or C6, then do so, but only talk about the property, not the person. Hoarding is considered a mental illness, and thus, they are a protected class.

 

[ucbruin]

I thought appraisers hated anonymous complaints....

 

[KHS445]

A couple of thoughts:
- USPAP applies only to confidential information and/or assignment results. If the outside of the house is showing signs of deterioration and neglect, that would not be a confidential situation, as the condition is observable by the public. I would imagine if the interior is in poor condition, the exterior exhibits similar issues.
- The confidentiality rule only applies to the client. It doesn't sound like your client has asked you to consider the subject's condition as a confidential matter, nor have you provided them with any assignment results.
- USPAP does allow you to disclose information to State enforcement agencies and third parties authorized by due process of law. While it may be a loose interpretation of this statement, disclosing deplorable living conditions to the State Welfare Agency may be a possibility.
- Not sure about New York, but in Michigan, in addition to the State Agencies that handle this type of issue, we also have volunteer ombudsmen that regularly visit nursing homes, adult foster care homes, some identified individuals, etc. to make sure they are receiving appropriate care, to be available to talk with those individuals that have come concern and to assist them with navigating the system.

My recommendation would be to contact your client and inform them of your observations regarding the property's condition. Then I would contact a local nursing home and ask to speak with one of their social workers to see if they can provide you with some direction or a contact. Another avenue would be the County Health Department. Discuss your exterior (visible from public property) observations and ask them to follow up. Based on their exterior observation, there may be sufficient evidence to justify a welfare check and/or possibly initiate a conversation with the family. You can explain how USPAP limits your options, but you feel that, based on an external observation, they will gain an understanding of your concerns.

 

[djd09]

if you see a crime report the crime...like dead bodies in the house or predatory lending

 

[ucbruin]

How would you feel....
If the lender's SOW....
Required appraisers to act as Mandatory Reporters to law enforcement....

 

[Terrel L. Shields]

It is sad but I would simply tell the lender that morally I cannot complete the assignment and withdraw from it.

 

[Terrel L. Shields]

No clergy on the list....

You mean the Mormon boys or Jehovah Witness might drop by?

 

[djd09]

How would you feel....
If the lender's SOW....
Required appraisers to act as Mandatory Reporters to law enforcement....

this is an ethics thread...the lenders have none