Lady. I am not getting sued.. The Loan Officer is.
Nawww... the loan office is telling you that he is being sued... blah blah blah, so much hot air.
I don't regularly agree with the Duck, but quite frankly I think you have a business decision (make potential problem go away cheap) which is in direct conflict with an ethical problem, both USPAP and general in nature.
If you roll over on the didn't make value issue, it ain't good. If you roll over on the 'give any client back money to avoid conflict' it is also a self-defeating business decision...
Don't take this real personally, it speaks to the general problem of due diligence. I will tell you that well before the START of the present 'crisis' I was individually researching any foreclosure sales in my defined neighborhoods and determining if they were (or could even be remotely perceived as) 'comparable sales'... and as the proportions of foreclosure have increased, my comments also go into greater detail as to why the foreclosures were
or were not 'comparable'.
Proactive report writing is in everyones best interest in changing markets.
Heard through the grapevine from a local competitor in my market... (ethical competition and general right guy - I consider him a 'good' appraiser) Seems some folks are comin over from the big city and doing 5 reports a day.
Bet they aren't analyzing foreclosures or market trends or much of anything else than 'how to throw 3 sales at a grid, and drop a number in the bottom line'.
I bet they are 'staff' appraisers for Landsafe, FAAS/E-Appraise-it or whatever some of the lender/appraiser companies call themselves these days After a 1.25 hour each way journey, and a $3 buck each way toll road these yahoos are popping those 5 reports in a 24 hour turn time for .... {wait for it} one hundred coyote pelts EACH...
An appraisal can't be done by a fee worker to an appropriate standard of care in this market for that price - if the subject and all three comps were in walking distance!

Formfill ain't appraisal!