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How to Get Paid

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George A Easton

Thread Starter
Junior Member
Joined
Jan 5, 2004
Professional Status
Certified Residential Appraiser
State
Arizona
I don't remember if I've posted this already as the situation is exhausting me. But here's the summary: Appraisal for purchase, loan closed, appraisal fee distributed to lender- i have all documentation (HUD1, disbursement check, disbursement summary)- but they won't send me the payment. Per my understanding they are in violation of RESPA. Well what do I do now? I filed a complaint with our state financial inst. group and that takes about 4 weeks, and i've heard a lot of people say that i should file a small claims case, but is there anything else that i should be doing before i file that claim? i mean i've heard that you can request that their books be audited, but who do you request that to? basically, i'm now in the world of legal logistics and i am not a lawyer and my one quarter of business law is now 16 years behind me.
 

Mike Kennedy

Elite Member
Joined
Sep 28, 2003
Professional Status
Certified Residential Appraiser
State
New York
"LENDER" or Mortgage Broker/company?????
 

ghrousseau

Member
Joined
May 5, 2006
Professional Status
Licensed Appraiser
State
Virginia
Did you contact the closing attorney and let them know that you were a third party service provider and that your fee was not paid by the lender/broker? Usually the closing attorney will require copies of invoices for appraisals, surveys, termite, and other third party items in order to allow them on the HUD-1. Sometimes they will put pressure on the lender to make the situation right, especially if it is just some loan officer trying to pull a fast one.

As others have said, if you take them to small claims court they will have to prove that they paid you, because the final HUD-1 shows that they were paid your appraisal fee at closing from the borrower's proceeds.

Not much else you can do. Good luck with it.
 

George A Easton

Thread Starter
Junior Member
Joined
Jan 5, 2004
Professional Status
Certified Residential Appraiser
State
Arizona
Did you contact the closing attorney and let them know that you were a third party service provider and that your fee was not paid by the lender/broker? Usually the closing attorney will require copies of invoices for appraisals, surveys, termite, and other third party items in order to allow them on the HUD-1. Sometimes they will put pressure on the lender to make the situation right, especially if it is just some loan officer trying to pull a fast one.

As others have said, if you take them to small claims court they will have to prove that they paid you, because the final HUD-1 shows that they were paid your appraisal fee at closing from the borrower's proceeds.

Not much else you can do. Good luck with it.

how do i find out who the closing attorney is? through the escrow company?
 

Restrain

Elite Member
Joined
Jan 22, 2002
Professional Status
Certified General Appraiser
State
Florida
Begging sometimes helps. Honestly, filing the usual complaints with any licensing board, and a 30-day threat for small claims court is about all you can do.
 

Jo Ann Meyer Stratton

Elite Member
Joined
Jan 16, 2002
Professional Status
Certified Residential Appraiser
State
Arizona
Arizona does not have closing attorneys, we have title companies that handle all the paperwork for a sale. Did you mail them by registered mail a copy of the complaint to the Arizona Department of Financial Institutions? Just the copy quite frequently makes a client pay their bill. But there are those that totally ignore every thing--so small claims court is the way to go.
 

ghrousseau

Member
Joined
May 5, 2006
Professional Status
Licensed Appraiser
State
Virginia
how do i find out who the closing attorney is? through the escrow company?

It sounds like your closing was done by a licensed escrow officer. Some states, mainly on the East Coast use attorneys for the closings. Anyway, contact the escrow officer and explain what happened. On the Final HUD-1 the appraisal fee is usually listed as a separate item on HUD Line Item 803. The escrow officer would show the Appraisal fee POC (paid outside closing) if the broker claimed that it was already paid by the borrower. If the fee was still due, it would have been charged to the borrower on that line item on the HUD-1 and included in the closing costs. Usually the escrow officer will pay it directly to the lender or the broker if they have a copy of the invoice showing the fee and they claimed that it was paid by them to you. If the broker/lender told the escrow officer that the fee was due to the appraiser still, then they would normally cut a check to the appraiser directly. I'm not certain what happened in your case but contact the escrow.
 

RitaB

Member
Joined
Aug 25, 2005
Professional Status
General Public
State
California
Where is the mortgage broker located?
 
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