Abester
Senior Member
- Joined
- Jun 12, 2003
- Professional Status
- Certified General Appraiser
- State
- Florida
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Is personal property a real estate issue?
Simply amazing.
You got that right.
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Simply amazing.
Is personal property a real estate issue?
It becomes an safety issue when they put other people in harms way. When you can't go into a room or walk through the hallways without moving or hopping over stuff/clutter it becomes a safety issue. Wether its an emergency or they have company over they are putting other people and themselves at risk. I'm not arguing that its an legal issue but it could lead up to one. Im sure FHA or even a conventional mortgage would want to do a loan when the house/homeowner puts other people at risk. Many have their own thoughts throughout this thread but I for one do not want to be sued by the bank or homeowner because we did not state it in the report. If the house goes up in flames and the fire department could not gain access to the interior of the house because of the clutter/garbage you better hope they have h/o insurance because if they don't guess who they are going to come after the appraiser. We all know that in todays world that people don't want to take the responsability for themselves and are looking to blame others.
For all you nay sayers, I just got off the phone with FHA/HUD. They say it is a safety issue when it impedes a homeowner or others to gain access to the interior of the dwelling wether it be garbage/clutter/personal property. They told me that this includes all exterior, interior entrances(bedrooms, bathrooms etc), there must be clear access to all rooms via the hallways. They also said it becomes a major issue when all emergency personal cannot gain access to the interior rooms when responding to a call to the home.
They say it is a safety issue
when it impedes a homeowner or others to gain access to the interior of the dwelling wether it be garbage/clutter/personal property
<.....snip......> I could not observe half of the interior of the house due to piles of junk being stacked floor 6 ft. high in most of the rooms. This is an FHA appraisal and <...... snip........>
I know that simple disclaimer that parts of the house were not inspectable won’t fly with the FHA. <....... snip.......>
USPAP
Standards Rule 1-1 (a)
Standards Rule 1-2 (f) Specifically the "Comment."
After reading the posts in this thread, I am very sure a bunch of appraisers have failed to understand the words "credible" and "reasonable basis" as those words were used in USPAP. Especially, as those words should have been considered regarding their relationship back against the Scope of Work Rule.
In the context of the intended use for this assignment (See SOW Rule), FHA ........ the EA everyone has been stating to use is neither credible nor does it have a reasonable basis specifically due to the intended use.
FHA has inspection standards that are REQUIRED..... When those standards cannot be met to such a drastic degree it means the assignment has to be placed on hold, or canceled, until they can be met. Proceeding using EA's that are not credible for the intended use is a blatent USPAP violation.
Proceeding with an EA, or failing to declare an EA when an appraiser is in reality using one or more of them anyway, is not an option. The option here is to get the client to understand that an FHA intended use cannot be completed due to FHA inspection requirements. Either cancel the assignment or find a new loan program that allows an intended use with a SOW that does not demand the inspection requirements of FHA. We cannot proceed when there is such a blatent disconnect between the situation, the intended use, and the sections of USPAP that require credible results.