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Is this a USPAP violation

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thanks Michigan. After today, I won;t leave home without it.

From what we have learned here today Bob I think I will call the AI and order extra copies of USPAP, the 13th Edition, The Dictionary of Real Estate, Appraising Residential Properties, Appraising Rural Properties, Appraising the Tough Ones, Subdivision Valuation, Appraising Industrial Properties, The Valuation of Religious Facilities, Appraising Billboards, Appraising Marinas and all the other books I own so I can have all of them in my car in case SOMEDAY I need to reference them.

Crap, car is too small. Going to get a truck for those books and the two times I might randomly need to reference them in the next 20 years. :)
 
to your PS. Because time was of the essence --- needed to know quickly as attorneys are involved in other aspects of this file not necessarily the appraisal.

At some point here, you really seriously need to stop and read your own posts and then recall you hold a certification from your state. There is no such thing as not involved when you are being asked your opinion and it is needed really fast because attorneys are involved.

I'll recap for you.... you were asked for your opinion... you are certified... you don't know the answers, you are rushing answers you don't know to attorneys, based on forum posts from people using monikers to identify them... ..... I am aware I am being very harsh here... But you are seriously blowing it my friend. Imagine yourself subpoenaed to court and having to testify where it was you got the answers you just provided this morning.. Not from your own expertise... but from forum posts you failed to check to see if they were correct at all.

Don't try to tell me your not involved...... Kid yourself if you want.

Best Wishes to You,

Webbed.
 
At some point here, you really seriously need to stop and read your own posts and then recall you hold a certification from your state. There is no such thing as not involved when you are being asked your opinion and it is needed really fast because attorneys are involved.

I'll recap for you.... you were asked for your opinion... you are certified... you don't know the answers, you are rushing answers you don't know to attorneys, based on forum posts from people using monikers to identify them... ..... I am aware I am being very harsh here... But you are seriously blowing it my friend. Imagine yourself subpoenaed to court and having to testify where it was you got the answers you just provided this morning.. Not from your own expertise... but from forum posts you failed to check to see if they were correct at all.

Don't try to tell me your not involved...... Kid yourself if you want.

Best Wishes to You,

Webbed.

And again, I am not involved as YOU think I am. But thanks for responding.
 
So a guy is at the office and he doesn't have his USPAP with him. Someone asks a question about USPAP and he cleverly sends a post to a respected forum so someone can quote him USPAP so he can advise his client about a question that is asked and we need an engagement letter for that?????????????????

If the question were not specific to a particular appraisal report, then I could agree with you.

However, this is the comment to which I responded:

"and now the rest of the story. Just sat down with my client and got the whole story...The contract was signed September 26, 2006 between buyer and seller. Appraisal was dated October 4, 2006. Loan closed October 16. Found out the underwriters treated the appraisal as a PURCHASE even tho the appraiser marked it as a refi. (ok looks like a typo) the borrowers name WAS on the original file as the borrower and the seller. (again, I would not put a lot of weight on this) Of course there was no mention in the appraisal of the subjects listings or being under contract.

My thoughts and tell me if I am wrong, the fact the lender treated it as a purchase regardless of the typo tells me they knew what was going on and the lack of oversight on the underwriters part does not mean there was anything sinister by the appraiser. I don;t see how the lender was harmed by the appraisers lack of accurate reporting. But again, I was asked to see if this was a possible USPAP violation and other than reporting errors, I don't see any. Sorry for the confusion...."

Therefore, my answer remains yes.


"
 
State Board Chairperson: When you were approached due to your knowledge of USPAP, and you could not recall the correct answers, who or what did you turn to in order to acquire the competency to orally, or by email I guess, answer those questions that morning?

Appraiser: I posted the questions on a very respected forum. The answers came from nationally known appraisers such as Green Hornet, Michigan CG, AnonApprsr somebody, and Webbed Feet. Just to name a few of them.

State Board Member: Ahhhhh we think we know that internet forum... Don't most all those people on that forum constantly disagree with each other in most of those forum threads?

Appraiser: Well, yeah... Would that matter?

State Board Chairperson: Thank you, we'll let you know our findings.
 
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State Board Chairperson: When you were approached due to your knowledge of USPAP, and you could not recall the correct answers, who did you turn to in order to acquire the competency to orally answer those questions that morning?

Appraiser: I posted the questions on a very respected forum. The answers came from nationally known appraisers such as Green Hornet, Michigan CG, AnonApprsr somebody, and Webbed Feet. Just to name a few of them.

State Board Member: Ahhhhh we think we know that internet forum... Don't most all those people on that forum constantly disagree with each other in most of those forum threads?

Appraiser: Well, yeah... Would that matter?

State Board Chairperson: Thank you, we'll let you know our findings.


Nice job Perry, but again, the scenario you presented could not happen. I would be more than happy to tell you in private (is there private message here) why this scenario has no chance of playing out. But again, it can't. I have a better chance of winning the lottery and power ball five times in a row than that happening.
 
Nice job Perry, but again, the scenario you presented could not happen. I would be more than happy to tell you in private (is there private message here) why this scenario has no chance of playing out. But again, it can't. I have a better chance of winning the lottery and power ball five times in a row than that happening.



As my mom used to say "its all fun and games until someone gets their eye poked out."

I would like to point out that if Robert had access to a computer to post to this forum, he had the ability to access an on-line version of USPAP.

I hope you are correct. If I were you, I would start buying lotto tickets.

Good luck.
 
Nice job Perry, but again, the scenario you presented could not happen. I would be more than happy to tell you in private (is there private message here) why this scenario has no chance of playing out. But again, it can't. I have a better chance of winning the lottery and power ball five times in a row than that happening.

I really do hope not. Seriously, I don't wish anything bad on you at all. So I trust you are correct. But I don't just post for you, what about other appraisers reading this thread that take the same path but the situation is NOT nice and safe like you feel yours is? So I'll repeat for them....

Being asked for your opinion.... being licensed or certified... being considered an expert or at least competent on USPAP, that is why you are being asked... you were NOT asked because those asking thought you would not know the answers ..... ... attorneys involved.. rushing to answer them.... based on fast and dirty opinions off a forum, a forum that did not have all the information nor the time to consider any of the answers or the real situation going on......

Think it over........................ It's your license or certification.

All the best to you Brother Burke... ;)
 
"Standards Rule 3-3
(b) When necessary for credible assignment results in the review of a report, the reviewer must:
1028 (i) develop an opinion as to whether the report is appropriate and not misleading within the
1029 context of the requirements applicable to that work; and
1030 (ii) develop the reasons for any disagreement.
1031 Comment: Consistent with the reviewer’s scope of work, the reviewer is required to develop
1032 an opinion as to the completeness, accuracy, adequacy, relevance, and reasonableness of the
1033 report, given law, regulations, or intended user requirements applicable to that work." <<<<< i.e. the OP

"Standards Rule 3-4

Each written or ORAL Appraisal Review Report must be separate from the work under review and must:​
(a) clearly and accurately set forth the appraisal review in a manner that will not be misleading;
(b) contain sufficient information to enable the intended users of the appraisal review to understand the report properly; and
(c) clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment.
Comment: An Appraisal Review Report communicates the results of an appraisal review, which can have as its subject another appraiser’s work in an appraisal, appraisal review, or appraisal consulting assignment.

The report content and level of information in the Appraisal Review Report is specific to the needs of the client, other intended users, the intended use, and requirements applicable to the assignment. The reporting requirements set forth in this Standard are the minimum for an Appraisal Review Report."
 
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STOP!

Real world it for a second Webbed. One of your clients calls you, you've known him for 20 years. He has a file from another appraiser, from a few years ago. They are trying to refi the current mortgage. He's about to go meet with the chief appraiser, and the lawyers, and wants to ask you quickly about a possible USPAP violation. He's not asking for your professional opinion for anything except not to look stupid in a meeting. It's not a violation of USPAP to give him your quick opinion based on what he asked you. I'm sure the OP said "As far as I can tell with none of the facts in front of me, and the little information you tell me it could possibly be/not be a USPAP issue because....."

That's it Webbed... it's not against USPAP. I've been the "informal advice guy" to a few clients.
 
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