Fire damage discovered during pre-foreclosure exterior/driveby.

[J Grant]

if lender is changing the locks on a vacant property, they already took the property back and own it ( unless your state has different laws, I am not an attorney)

It is not about accessing houses that are vacant, it is about accessing pre foreclosure houses where lender instructed appraiser to get owner permission, and if not, then inform lender and they will change it to an exterior appraisal. -a house in pre foreclosure can be occupied or vacant.

One hopes they are not working for a lender using not using legal rights about locking an owner out per your link- since we have no way of knowing, WE have to follow the law/and client lender instructions about access.

 

[Mr Rex]

so what if is an estate? The appraiser is working for the client, and thus if appraiser uses false pretenses to get access to a property, that reflects back to the client, and could raise issues for them if discovered.

simple, if you do not have owner permission to enter, don't enter.

I guess you have never read the fine print on mortgage closing documents. They almost always have a clause that says the lender or their agent(s) may enter the property in the case of default prior to the actual foreclosure or if the borrower is "wasting" the property (allowing it to fall in disrepair, not providing proper maintenance etc.) that the lender or it's agent can enter and take whatever measures they deem necessary to protect their financial interests in the property. They can come cut your grass while you live there if you allow it to over grow and your municipality has ordinances that allow them to levy fines for such behaviors etc.

 

[J Grant]

IS an appraiser an agent of the lender ?

I don't think so...we are a vendor hired for a fee to do an assignment. We are like the lawn guy - in any case the lender instructed appraiser to take a picture of the gate, they did not instruct appraiser to use false pretenses to enter -jmo, we are not attorneys to interpret and act on fine print on a contract and assume role of agent of lender.

 

[Mr Rex]

Umm, you think? Vendor/agent, please elaborate on the difference? Legal terms please Ms Attorney @ Law.

 

[Tom4value]

Sounds to me like you are dealing with an incompetent and/or lazy client.

They want an appraisal to move the file along. Can’t gain access? Do a 2055 exterior. You correctly state that you don’t have enough information to do a reliable appraisal with just an exterior inspection. Client is in a bind. Need full inspection but can’t get one.

Some brainiac realized that’s you don’t need a full inspection for a land appraisal! That will move the file along! Problem is, you need to develop a highest and best use analysis or your “number” (that is really all they want) is worthless. You have reason to believe that it may just be smoke damage or at worst, slightly more. Calling it a ”tear down” is unreasonable...your lack of experience in land appraisals has no bearing on that.

I would tell them to find a way to get you in to do a full appraisal or you will have to withdraw. Your license is worth more than helping this clown get the file off his desk.

 

[J Grant]

Umm, you think? Vendor/agent, please elaborate on the difference? Legal terms please Ms Attorney @ Law.

you are the one playing attorney, not me ! lol so you find it out -
but see the below from link

"If you're facing a foreclosure and have been wrongfully locked out of your home, your personal property has been illegally taken, or your rights otherwise violated in the foreclosure process, consider talking to a qualified attorney who can advise you about potentially filing a lawsuit, as well as other options for your particular situation."

you want to play attorney and assume you are an agent of lender per fine print in an owner's mortgage docs go ahead ...though one assumes an agent of lender would follow instruction from the lender (take picture of gate if no access ) rather than make up their own rules / act in a deceptive manner to gain entry- note the word deceptive below link title

Deceptive Foreclosure Practices: When Banks Treat Occupied Homes as Vacant

Banks have been locking homeowners in foreclosure out of their homes without the legal right to do so. Learn how you might be able to prevent this.

www.nolo.com

 

[Mr Rex]

Call your attorney and ask. In 2009 after the market tanked and appraisals dried up, another appraiser and I started a company doing trash outs for lenders. Some of the details were not clear so I went to my personal attorney and friend, and he showed me in my closing documents from 2004 that detailed the lender's rights. Most folks think they own a home when they get a mortgage, but they are way closer to a renter than the powers that be would have you believe to keep the "American Dream" alive. The lender owns the property for all intents and purposes until the "Notice of Satisfaction" that indicates you have paid the mortgage in full and the lender has rescinded their rights that you empowered them with when you entered into the deed of trust. Yes, some states have different laws regarding eviction processes etc. but the lender is the real owner, the lienholder the subservient party until the final payment is made. It's the way RE works in the US. Look into it.

 

[Carnivore]

What Mr Rex says is true in NC. While he was doing clean-outs I started completing REO's reports direct for FNMA. We both were busy as bee's.

Having said that I know he had some limitations, but I won't get into the details of that - its about personal property - He knows what I am talking about.

 

[Mr Rex]

Abandoned autos require an extensive process of public notifications etc. I had a couple of guys working for me that some folks suggested skirted the rules and took the car/truck to a salvage yard to be crushed. I dunno, I never saw the vehicle, I couldn't be at every property. I do remember one house with an old fiberglass boat that needed to be removed. The employee called and we got him to go buy a winch, cut the boat into with a sawzall, and winch the halves up onto the trash trailer to carry to the landfill. Kept us afloat during the Obama "recovery", but not worth continuing once the REOs started to dominate the market and there was appraisal work to do.

 

[Carnivore]

Unbelievable what people leave behind. I got a nice Patio Wicker set from one REO. Clean out crew helped me load it in the car. Might as well, it was all going to the dump anyway.