Homeowner is threatening to sue me?

[Webbed Feet]

To All,

Wow, some of these solutions just do not take into account the differences between states and how that affects appraisers. Come on people, some states are USPAP mandatory states. That means USPAP .. IS .. state law in those states. We are not lawyers here. Let's not be telling people they have to violate USPAP or they could be screwed. That is not the best solution. I don't think the best solution is eating dirt and doing another appraisal report for free for a different lender either.

It is fairly clear the O.P. did not handle the phone call very well. Just offering to mail the borrower the FIRREA information that requires the client to provide a copy to the borrower in 30 days, if requested in writing by the borrower, should have solved the problem for the guy.

Other than that, I do the same thing Smokey Bear does, only my receipt far more extensive, and unlike Metamorphic I think Smokey Bear and I recommend not just a FAQ sheet and questioniare about it... but rather a CONTRACT about it! I get the borrower to sign a contract that clearly has them signing away any possible rights some court may construe that the borrower has some sort of legal standing to obtain a copy through me. Mine also explains to them their rights to get a copy from their money source, my client. After I started doing that I've had only one phone call someone tried to get nasty. A very simple "you have your copy of that contract you signed while I was there correct? You need to read it." solved that one very nicely.

 

[Phil McDonald]

Be Agreeable and Refuse the Request

I have used the same appraisal receipt posted here for years and still get requests for a copy of the appraisal. Just like the other posts I explain that by law I am prohibited from conveying the appraisal or appraisal results to anybody, except the client. This is when the “I paid for it objection” is applied by the property owner.
I have been able to successfully diffuse this every time by simply saying “I know this does not make much sense. The lawmakers did not ask for my input when they made this law and while I may not agree with it, I am certainly not going to violate it, I am sure you can appreciate that.” At this point the property owner and I are now both on the same side and few people (mortgage brokers excluded) are so bold as to come right back and ask you to break the law.

 

[Carnivore]

Webb, Phil and others,

I am suggesting an alternative method when all else fails as in my case. The a-hole was not going to hear it. He threatened and I did not heed his threat. Interestingly, three of my appraisal buddies had similar experiences with homeowners in the same time frame for some different reasons. The homeowner/borrower is King in my state. It is important to be very defensive.

Lets face reality here. The USPAPIAN'S, Big Box Banks and some states have tied are hands here. In the months to come, this kind of consumer activity is likely to increase dramitically. You will be a victim and you will come to my side after its all over.

Frankly I want to just do what Webbed and other have suggested and move on. I will continue to do those things. Being a war vet I know that this is only a skermish and the follow up battle can get very ugly with possibility of you loosing the war.

 

[Bill_FL]

I am with Carni -


I too have had issues with this. It is about customer service. (Yeah, I know the customer was the lender/client but I might save that relationship too). I normally explain that I am technically not allowed to give him a copy and that the law that prohibits me from doing so also requires the lender to give them one. (a stretch, but its close enough.) I then tell them I am surprised they did not give him one. I offer to make a few calls to see what I can do. Then typically I just call my client, tell them the borrower wants a copy. If its like most lenders some other department is supposed to do it. I ask if its ok if I send them one. YES - PLEASE is usually the response. So a quick 3 way call with the client, the borrower and me, with the client applogizing that they didnt send one and that I will. Then its a simple email or print and drop in the mail. File documented.

Now, that 5 minutes of my life let the borrower know I went above and beyond, let my client know I value their customer and that I value the client. I do not hold up my copy of USPAP to hide behind. I just try to provide good service. Anyone flipped open the phone book and looked at how many appraisers there are in your area? Good work is not hard to find. Good work and good customer service is.

 

[Smokey Bear]

Webbed - care to share your contract?

 

[WMOORES]

Smokey Bear, Thanks for posting you receipt. I do believe that I'll be using it in the future for my owner occupieds.

 

[Richard Carlsen]

I've had a number of HO's call and want a copy of the report. I went through the same song and dance routine about the lenders responsibility etc. Most of the time it worked. However, in a few cases it did not. So here's what I have done with maybe a half a dozen belligerent bustards:

I call the lender and ask if they have any objection to my giving the HO a copy of the report. If there is no problem, they send me an email for the file.

Then I open the report, take my name, signature and all of my license info off of the report and in the place of the signature type the following in caps:

HOME OWNERS COPY - NOT FOR LENDING USE.​

I also add some notations within the report on page 3 that this copy is provided to the HO at the request of the previous client for information purposes only and is not for use in lending consideration.

The I print it .pdf and email it to the HO. When he takes it to his new lender, that lender will have to commit a federal offense in order to use it for a new loan.

And the jack-*** of a HO is off of my back.

Case closed.

 

[Webbed Feet]

Mr. Carlsen,

Good suggestion! .. More than one way to skin this cat without having to offer to do a free appraisal for some other lender....

 

[Functional Obs]

Ask him why he needs his copy. If he is going to a new lender, then suggest to him that his new lender can get a free appraisal from you and his copy via his new lender.

This is the best piece of advice that's come from this thread. I dunno about the "free" part but you could certainly offer a discount and do a new assignment.

 

[Richard Carlsen]

Ask him why he needs his copy. If he is going to a new lender, then suggest to him that his new lender can get a free appraisal from you and his copy via his new lender.

This can create problems for the new client unless you reinspect the property since the effective date of the report will be before the application date. You will want to at least do a new report with at least an exterior inspection (note the dates of the interior and exterior---I know: We've been through this scenario several times) along with a new signature date. I do this and charge the same as an Update. I call this my New Client Update.