Gated Community

[J Grant]

Why all the trouble to keep using the wrong form? If you can't get access, have the client change to a desk review. Geez, it's not rocket surgery.

The 2000 review form offers a much greater level of detail and room for comments than a desk review. If an appraiser assigned a 2000 form asks for a desk review form and the client refuses to change the form, the appraiser is not using the "wrong form", just because they cannot get ext access. They disclose they did not get access, state that they can still develop credible results, and finish the assignment.

Switching to a desk review seems like a good solution but it is not the level of detail the client wants or will accept.

 

[J Grant]

Thanks for all who support not sneaking into gated communities. A lot of homes ordered for review/drivebys now with no access, the owners are late on payments or in default. If they look out the window or front door and see you in a car taking photos of their house, think they are going to be happy? They can report you to the police or community guard or both for trespassing. They can demand the camera and photos. On a public street, we can take photos of someone's house even if they don't want us to. On a private street, we can't without their permission.

I once had homeowners jump in a car, follow me, then cut me off, and demand the photos back. This was in pre digital camera days and I gladly gave them the film. They kind of apologized then, and said they were under investigation and thought I was a detective taking their photos! I said (very meekly) that I was just an appraiser doing my job. These days there are a lot of stressed out people and bad situations, even if you have been getting away with it a really bad idea.

 

[J Grant]

An appraiser I know was driving around a gated community ( he entered after another car). A homeowner saw him drivng slowly around and circling the block and took down his license plate. Later that week the police bought in him in for questioning. It turned out there was a robbery in the community the day he was there and the homowner called police with his license plate #. He was cleared, but it shows what can happen. He did get cited for tresspassing.

 

[Smokey Bear]

He did get cited for tresspassing.

That must be a Florida thing. In the rest of the world, 1. the police have to witness the trespassing, and 2. The trespasser has to be asked to leave before they can be cited.

 

[23Degrees]

There is nothing in the desk review form that prevents someone from expanding on the detail to a level equal to that on the 2000 form. One can even expand the SOW on that form to include viewing the comparables (to whatever extent possible) and the subject's complex from outside the gate.

Granted the problem with doing this would probably be with the client who is dealing with a program that calls specifically for the 2000 form unless other arrangements are made. The issue would often end up being a client that would not understand the whole "form" issue and feel bothered by the need to arrange for a change in form and irritated as "all their other appraisers" never make a nuisance of themselves in this manner.

In the end, if you contradict the certification - even by citing Jurisdictional Exception as the Atlanta HUD suggested, or change the certification on the 2000 or any other form just be aware of the potential pitfalls. As someone pointed out, Fannie underwriters let stuff like this slide all the time but this is hardly reason enough to breath easy after doing so. The problem can appear when the file comes back in the form of a buy back attempt, lawsuit, or state board hearing and then the fine tooth combs come out and their is an attempt to find any reason to push the cause at hand. The initial post proves this as at least one party is considering this issue as a means to discredit one of the appraisers involved in a buy back file.

As to proof of fine tooth combs, read the thread linked below and the attachment and ask yourself if the state board involved would miss a beat in adding something like this to the list of reasons as to why they need to destroy someone's career or use it as the sole reason to do so.

http://appraisersforum.com/showthread.php?t=178644

 

[J Grant]

23 degrees, I could not open the link, seems this case is about value and market conditions, a very different example. I would bet that in all this time, if a state boards had sanctioned an appraiser for not being able to legally photograph a subject and disclosing that on a field review or a 2055 drivby, we would have heard about it.

In any event, I would bet these MI cases are not heard in front of a state board. They are about money and buybacks, though an appraiser may try to discredit a report based on a USPAP violation. I believe that it is not a case for state boards, maybe the OP can clarify.

Beyond the fact that FNMA, who has developed the form has accepted origination appraisals for years where ext inspeciton was in the cert and the appraiser could not fulfill it due to no access and disloses, USPAP states that the appraiser decides SOW.

The appraiser, not a pre printed form. Thus, an appraiser is not "contradicting the cert", when he signs off on the report, as he dislcosed that he could not ext inspect, yet was still able to develop credible results.

Trying to add the level of detail in a 2000 form to a desktop report probably could not be done given the grid limitations and form layout, or would take days to do and look crazy with all kinds of adendums and trying to reprint the questions from a 2000 form..likely the client would not accept it.

 

[Sunshine in VA]

And,

If I was hired by the appraiser as an expert witness/consultant I could easily discredit the claim that he/she violated USPAP by not gaining entry to a gated community. Appraisers are not expected to violate the law of tresspass by lying and cheating to gain entry to any property or community that they are excluded from.

The best option would be to tell the client and either decline the assignment, have the client change it to a desk review, or report it on a different review form that doesn't have visually inspect in the SOW.

 

[Sunshine in VA]

Mentor, I agree, I always confirm with client if I cannot get access pre report.

The OP is trying to discredit a review appraiser who performed a review in a gated community ( he is hired by the lender to defend possibly faulty appraisals against the reviews)

No, he is hired by an AMC, who is hired by an MI company to rescind MI.

 

[JSmith43]

Sunshine, it looks to me like you are trying to do the right thing and are just surveying your forum peers.

I think you have the judgement to just report the facts as to what the report said. Really, what I would do is discuss the major issues brought up by posters in your summary, since it is a fuzzy situation in some respects. It doesn't appear to have been handled ideally by the reviewer. Perhaps that will be your conclusion.

 

[Sunshine in VA]

Sunshine, it looks to me like you are trying to do the right thing and are just surveying your forum peers.

I think you have the judgement to just report the facts as to what the report said. Really, what I would do is discuss the major issues brought up by posters in your summary, since it is a fuzzy situation in some respects. It doesn't appear to have been handled ideally by the reviewer. Perhaps that will be your conclusion.

So many times I see review work cause an appraiser to have a state complaint filed against him, when the reviewer is worse than the appraiser who performed the appraisal under review. Especially when an AMC is involved in the process.