"Expert Witness"

[Nancy Heiss]

Especially since the purpose of the appraisal was for a mortgage, not for a court case. Where are all the "don't use a Fannie Mae form" folks now? Notice she has not answered my question, did she see the lease? Was it rented in May 2023? Why wouldn't current rental rates be considered? This should be a new $1000 minimum assignment, with additional pay for testimony, $150 an hour, remote or in person. The attorney probably thinks she is going to charge $50 bucks. Get a letter of engagement.

Sorry I didn't answer your question Tiffany. No, I did not see the lease and do not know when it was leased.

 

[Nancy Heiss]

In the short conversation I had with the attorney, all they want from me is MY PROCESS. I got there, I measured the house, I took pictures. I made observations of what I saw re: condition, bed/bath count, etc... It seemed to me what he was after is that I did my job in a professional manner and determined value based on acceptable appraisal methods. After some thought and partially based on all the your input in these posts, I have decided to decline. 1) we can't trust the attorney(s) will not try to blame me somehow; 2) I don't want to be in the middle of a rental dispute; 3) I don't want to. Thank you all for your advice and expertise.

 

[Terrel L. Shields]

Their attorney doesn't have standing to issue supenoa.

Really? Or are you saying that the attorney wants to hire the appraiser as their "expert" witness then not have you testify. The attorney cannot subpoena the other sides experts. So they can keep you from testifying if they want. I had the opposing attorney grumble at me in the elevator as we left the courthouse that if he'd known I existed first, he would have hired me and my testimony would never have happened.

It's not a new appraisal assignment

It very much is a new assignment although the lawyer may be thinking in terms of working off that report.

You should prepare a new report with just the rent data.

 

[sputnam]

Wow! This is still so much fun after being away for years to come back to the forum just to correct errant posters! The poster you replied to was correct. The attorney needs to be informed about appraiser services. There is no need to either testify regarding the prior appraisal report, "redo" any market value service, or "appraisal" (An appraisal is an opinion of value). Because the issue is regarding market rents, not market value. So the well informed appraiser could see opportunity for a new assignment thereby avoiding all problems regarding the prior appraisal services. So no, nobody has to "insist that it's a new appraisal" at all. More, the attorney being properly advised, most likely needs a different effective date than that of the prior appraisal report. It should be an easy matter to show the attorney the superior advantages a new service would bring to them and their client, which would be many. The original poster, if interested in litigation work, should first be researching and learning about engagement contracts for appraiser litigation work before accepting assignments for such things. I would also very much recommend a serious study of the USPAP and state administrative rules through a lens of litigation, and the interviewing of appraisers that routinely do such work prior to proceeding.

As usual... it depends. If the testimony is 'what is the market rent of the subject property?', that is an appraisal. If it's 'what is the range of rentals in the areas?', that's a rent survey. It's a valuation service but, not an appraisal.

 

[Tiffany Gibbons]

Sorry I didn't answer your question Tiffany. No, I did not see the lease and do not know when it was leased.

Yes, that was freaking me out, because I use to work an appraisal firm that had lots of rentals too, and I went to court so many times as the representative. It can be brutal.

 

[glenn walker]

Expert Witness on your own report ? We call that an " advocate" not a Expert Witness

 

[Nancy Heiss]

Updating: I informed the attorney that I'm declining to be the 'expert witness'. He then requested I send him a colored copy of the original appraisal. I refused, citing only my client was entitled to it (from me). He asked who was my client, BofA only sent a B&W copy. So my new questions (purely due to curiosity) are: why wouldn't a B&W copy suffice? Is this attorney covering all the bases by referring to the appraisal? Seems to me if a tenant signed a lease and decided later not to pay as rent is too high, that's just too bad for the tenant. What difference does an appraisal done 8 months ago for a refi have to do with their non payment? I know this is CA and the tenants have all the rights, but do the owners have to prove why they are charging the rental rate?

 

[Tom D]

if i'm the tenant's attorney, i is saying you didn't show up to advocate your very high rent that the current owner depended on. but, i have my own expert here who will show the appraiser did a fraudulent rent to help the owner. the judge, jury & attorneys care not about your USPAP rules.

 

[TerryRohrer]

If they needed an appraisal to make their case, they could afford to have you complete a new report based on your earlier inspection and either rental data then or now. The primary goal is to get something for nothing if you will provide it.

 

[TerryRohrer]

if i'm the tenant's attorney, i is saying you didn't show up to advocate your very high rent that the current owner depended on. but, i have my own expert here who will show the appraiser did a fraudulent rent to help the owner. the judge, jury & attorneys care not about your USPAP rules.

What difference does that make to the OP? Do you believe the rent was actually negotiated between the tenant and owner over a copy of the financing appraisal?