I'm Being Threatened Again

[Pamela Crowley (Florida)]

Completed an appraisal for a FHA refi, 6/23/03. Owner/borrower is an immigrant and paid for the appraisal when I was there. He had purchased this property almost exactly 1 year prior. Seemed to be a very nice family even though we sometimes had a difficult time understanding each other.

1) The roof has rolled roofing that rounds up at the edges that appears to be a few years old. I've never seen one that goes up at the edges like this.
2) As soon as I entered the house, the moist heat hit me. The HVAC duct work runs only through the center of the tiny attic space which I can't access to even look at it.
3) There is a plumbing leak under the kitchen sink that looks like it's been there quite a while and the cabinet bottom and back wall is rotting. There is a pan under the drain to catch the water.
4) There is exposed wiring in the laundry room.
5) The range hood has no cover on the fan so that the fan and it's wiring is exposed.

All of these items were listed in the Home Inspection Report that he showed me that was done prior to his purchase. I know these home inspectors and they are pretty darn good. They were also concerned about that roof edge, had a photo of the leak and damage under the sink and the range hood fan and elec being exposed and laundry room exposed elec. The HVAC system was listed as not adequate and stated that the duct work was badly leaking into the small attic area.

The FHA appraisal for his purchase never mentioned any of these items. I did put them on mine.

I was called in August to do a repair completion inspection on the leak, water damage, and 2 electric items as the owner told the lender those items were fixed. I arrived to find nothing had yet been fixed, so I went over what he needed to do, gave him some ideas on how to go about doing it since these were simple items. The roof and HVAC were not on my list to take another look at, which I'm not qualified to do anyway and which I already had on my VC that a professional would be necessary if further information was wanted regarding those items.

The second time I went to re-inspect for those repairs, even though they were not well done, they were basically acceptable and I took photos and cleared them. I only charged for one trip and even put on my invoice that a second trip fee was waived on the basis of feeling sorry for the borrower.

Seems that the deal still couldn't close no matter what they tried. Now, during the past month, this HO has called me at least 3 times wanting me to refund the appraisal fee. I've gone through explaining the process to him each time, which he just does not understand. I've referred him to the local FHA/HUD offices and gave him the phone number, and the numbers for the national offices, and that he might want to see an attorney. He just does not understand.

He wants to do a refinance with another mortgage broker that he is dealing with and does not want to pay for a second appraisal. He's pretty angry that I'm not refunding. (Bruss again????) Seems the new local LO won't use me (maybe his own number hitter will bring it in to make the loan???), I would have given a huge discount for doing this one again (maybe even free), but the value probably wouldn't change.

Yesterday, I received a letter from this HO. The bottom line is:

"Send me back my money three hundred fifty before it will be late."

**************************

Now I realize that this isn't a huge threat. The background of my phone conversations, along with the possibility that there is already a voodoo doll with my name on it, does make me very nervous!

I'm calling FHA today regarding this deal. I would LOVE to have the review of that original appraisal, but instead I will at least put them on notice about this property. I'm also calling my local police department again to ask them to please have a chat with him.

This situation would NOT be happening if the original FHA appraisal had been completed properly!!!!!!!

This is a situation that more and more of us are going to be in when we come in behind a blind number hitter. THIS is another reason number hitters are dangerous to honest and ethical appraisers.... a very real danger beyond just professionally and monetarily.

 

[fred vanderwal]

Wow!!!!

Sounds familiar. But for a Woman I can imagine it's a bit more scary.
Calling the Police is an excellent idea. I think you should.

My daughters kinda laugh when I tell them similar stories and say:
Is it time to put bullet proof glass in the house Dad?
or........Well.....guess we can't go to Traverse City anymore Dad....everyone hates you there....

It is sad. Very sad that we are the Victims of another Appraiser's stupidity.

There are no answers. Just keep doing the right thing.

Hang in there.

 

[Chris Colston]

Have you contacted the DE Underwriter?? You might get some help there. Don't know what kind of support they can give you, but since they are supposed to be our ONLY contact regarding the property, ya never know. The DE might be able to better explain the situation to the HO. Its too bad you don't know who the original appraiser was. That's someone who should be hung up by their thumbs in front of the HUD building in Washington as an example for all other FHA appraisers to see. "Handbook, what handbook? I passed the test, I'm on the selection roster...VCs...HUH?? Never heard of 'em"

Would the HO ask his doctor to refund the payment if he didn't follow instructions and then wasn't cured?

You did your job, you are entitled to be paid.

I have an FHA assignment that I looked at on Friday. The contract looked clean. I was concerned when the county had the land marked as "MARGINAL". I get to the subject and see what appears to be a very nice, small, well maintained house. Now mind you, it was a mile and a half off the main street, down a DIRT road, and the road runs parrellel to I-95, but am I concerned, NOT YET. Signs all over, BEWARE BAD DOG...PRIVATE PROPERTY. Still not concerned. Greeted by the Pit Bull and the HO, waiting for the buyer. Notice the distinct sound of fast moving traffic behind the property. I start to measure the house and as I come around the back, hidden in the trees, is the BARN....25 X 102! Tack room, stables, horse. UGH! Do the interior inspection, the house was originally built in 1945 (grandfathered) and renovated by the current owner slowly over the past 5 years. I can see signs of the original wiring and plumbing, the crawl space has NO access. The house is built on block pilings. No public water or sewer and no chance that there ever be any anytime soon. I'm racking up VCs everywhere I look. And to top it off I get back to the office and verify zoning with the county and find out its zoned C-4, or Light Commercial.

I called the DE. Told her all about the concerns and conditions of the subject. She asked me if the deal couldn't fly would I be willing to refund the CASH? My answer was NO, they hired me to do a job and I am still in the process of doing it. The only thing they lack, at the moment, is the hard copy of the report. I was just calling to give her a heads up on the VC1 condition before I write the report.

Well, long story short, they found another loan program the buyer qualifies for conventionally and I'm now in the process of changing it from FHA with an additional fee. I'm still going to report the same conditions, just now they won't have to stop the process.

I never told the buyer or the seller anything about the house or my findings. I let the DE handle it, that way the lender or HUD is the "bad guy" and not me.

 

[Richard Carlsen]

Pam

Keep the snub nose handy!

I'd do just what you did with us and explain everything in letter form and then send a copy to the FHA, to the lender, to the local police department, to the county prosecutor and finally to the HO, noting where copies have gone. Let the HO explain to the authorities why they are threatening nice little appraisal ladies.

I would not, in any way shape or form, talk or communicate with the HO.

Seriously, this is clearly a threat and is best taken seriously and handled ASAP.

Keep us informed. Could be better than "Days of Our Lives".

 

[Pamela Crowley (Florida)]

I've already contacted my client and they have already tried to contact him.

I really want to thank those that have responded so far for taking this seriously and letting me know you do. A threat like this makes me wonder if I'm just over-reacting when inside it feels so very real. Yes, I am afraid of this one and really, really hate being afraid.

The threats I've received this past year are adding up. I've been thinking for the past few months of ending my own business and going to work for another local shop where I highly respect the owner and other appraisers. This has pushed me over the edge and I will be doing that almost immediately. Shared expenses - support of each other with ideas and suggestions - much larger data base for good comps - somebody to tell where I'm going - SOMBODY ELSES ADDRESS AND PHONE NUMBER ON MY BUSINESS CARD!!!!!!!! I can still work from home and I believe this will be a positive move along with making me feel a little safer. I'm so very tired of fighting alone.

 

[Travis McGee]

That is a shame. I recently paid to have a suite adress at one of those mial box USA places. I am planning to move in 6 months ( buying a new house) and will not forward my current phone number- only my regular trused clinets will have it. I would not talk to home owner any more- this is why I always limit conversatins with them and discurage any calls after I am at their house. You were right to report it. He porbabaly just wants to intimidate you into giving the money back. I'd let the loan oficer deal with him and take the blame for not closing the deal. You can change your phone number and give new one to just your good clients. Can also hire an answering service- I did that for a while too.

If sharing an office or working for someone makes you happy, go for it.

 

[Chris Colston]

Originally posted by Pamela Crowley (Florida)@Oct 1 2003, 08:19 AM
I've been thinking for the past few months of ending my own business and going to work for another local shop where I highly respect the owner and other appraisers.

-SOMBODY ELSES ADDRESS AND PHONE NUMBER ON MY BUSINESS CARD!!!!!!!!

That's why I have a P.O. Box and a seperate "office" number and fax number, even though I'm set up in my dining room.

Keep YOUR clients as YOUR clients. You might want to just rent space from the other appraiser for awhile. That would give you the security of being around others and the ability to still kick ideas around without loosing your "independence".

ya cain't work in your PJs when ya have ta share space :lol:

 

[Restrain]

Sounds like this may end up being a good move for you, Pam. You bring your business with you and cut your overhead.

From my viewpoint as a father/grandfather with a daughter-in-law as one of my appraisers, this is why I don't send her out alone. Either my son/her husband goes with her, or I send my other daughter-in-law, THE COP with her. It's getting too crazy out there.

Good luck with the changes. I hope it all works out for you.

Roger

 

[Mountain Man]

Pam, good luck in your move. And take this to the Police. Get a restraining order, we do not have to take crap like this from nuts like him.

 

[Randy Beigh]

Pamela

Other than words of encouragment, I have no great sense of what you should do about this homeowner. Calling FHA is reasonable as well as the loan officer. Beyond that, if you really felt threatened, the police may be an option, although, I don't think it has gone that far. If you have a lawyer, a discussion with him/her might be appropriate, too.

Sounds like you did you job correctly and nothing more could or should be asked of you. The homeowner is putting you in jeopardy and that isn't very nice.

So far as going to work for somebody else, good luck and I hope it works out. But, I wouldn't do this just because of this flaky homeowner. I assume there are other reasons.

The only area of your letter that I might disagree with is the assertion that he doesn't know what he is doing. I suspect he knows, full well, what he is doing. He is intimidating you and he knows it. In other words, the guy is a jerk.

Good luck