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Filing a lien?

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staceymazor1

Thread Starter
Freshman Member
Joined
Dec 21, 2007
Professional Status
Licensed Appraiser
State
North Carolina
I performed an FHA Appraisal in Virginia for LandAmerica. The subject was waterfront and on 2.5 acres with a limited supply of comps available. My adjusted comps had a $60k range, which I had already tightened as best as I could. The reviewer sent the report back to me 4 times, each time telling me to tighten up the comps some more because HUD wouldn't accept such a wide range of values.

Finally I called the FHA guidance center and they assured me that there is nothing on the books about adjusted value range requirements. I had a conversation with the reviewer and he wanted me to find one more comp and said that he would let the range issue go once I had told him what the Guidance Center said.

Then yesterday morning I get an email from my contact telling me that the order had been cancelled with me and that I would not get paid for anything that I have done even though I did everything that this jerk in Florida, who knew nothing about my market area, had requested. The report was a good report. I suspect that the value was an issue because I know that the appraisal came in lower than what they needed for the reverse mortgage.

At any rate, I have never had a collection issue before, but I need to get paid for all the time and effort that I put into this report. I would like to file a lien, but I don't know what form to use. Can anybody point me in the right direction? I've asked the Courthouse, but they refuse to tell me which form would apply in my situation.

Thanks in advance,
Stacey
 
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SMF

Sophomore Member
Joined
Oct 11, 2007
Professional Status
Certified General Appraiser
State
Virginia
Did this happen in Virginia?

I think in most cases you would need to go to small claims court to file a warrant in debt for the amount.
 

staceymazor1

Thread Starter
Freshman Member
Joined
Dec 21, 2007
Professional Status
Licensed Appraiser
State
North Carolina
Yes. I used to live in Virginia. We moved to NC, but I lived all my life in the Hampton Roads area of VA and am very comfortable with it, so I still appraise there.
 

SMF

Sophomore Member
Joined
Oct 11, 2007
Professional Status
Certified General Appraiser
State
Virginia
I recently filed a warrant in debt against someone and here was the crappy part about it. I was unable to file against a company alone I was required to file against an individual as well. and it took 4 months to get a court date.

Good luck it's a long and painful process with the courthouse, but if you go online to the county in which you want to file and look up small claims court they will have some information that will guide you through the procees.

On a side note were you able to get reciprocity from VA to NC?
 

staceymazor1

Thread Starter
Freshman Member
Joined
Dec 21, 2007
Professional Status
Licensed Appraiser
State
North Carolina
Yes, I was and it was pretty easy to get too. Just filled out a form and paid a fee.
 

JRS at OBX

Elite Member
Joined
Jun 13, 2006
Professional Status
Certified Residential Appraiser
State
North Carolina
Too bad it wasn't in NC. I would love to see Landamerica get one of the golden tickets from the NC Banking Commissioner.
 

BRCJR

Senior Member
Gold Supporting Member
Joined
Sep 20, 2005
Professional Status
Licensed Appraiser
State
Virginia
I had a problem with two different companies this year (one in VA and the other from KY). I sent them a draft of my letter I was prepared to forward to their respective Commonwealth Attorney Generals. That got their attention and both overnighted me a check with no problem.

Cost me the time it took to find the email address of the Attorney Generals' and the time it took to compose a letter.

I used the word fraud and the investigation that could possibly follow my complaint.

I bet that would work for you.
 

staceymazor1

Thread Starter
Freshman Member
Joined
Dec 21, 2007
Professional Status
Licensed Appraiser
State
North Carolina
I got the problem resolved! I called the lender directly and spoke with the man in charge of appraisals. He cancelled the order with LandAm and sent the order directly to me. Told me that he talked to LandAm and they wouldn't tell him what happend with me, only that they reassigned the order. He also said that he would start sending orders directly to me instead.
 

BRCJR

Senior Member
Gold Supporting Member
Joined
Sep 20, 2005
Professional Status
Licensed Appraiser
State
Virginia
I got the problem resolved! I called the lender directly and spoke with the man in charge of appraisals. He cancelled the order with LandAm and sent the order directly to me. Told me that he talked to LandAm and they wouldn't tell him what happend with me, only that they reassigned the order. He also said that he would start sending orders directly to me instead.

Was the lender you called noted as the client on your first report?

If so, fine. If not, you may have talked to someone not considered "your" client, about an appraisal you performed, and I suggest you be certain you do not violate the confidentialy rule.

Not saying you did, just want folks to be careful, so as not to get themselves in a bind.
 
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