Judge Rules Appraiser/Lender Owe no duty of care

[Huds_Harm]

Can you prove this allegation?

The fact that she checked the box that they did not exist as well as cropped them out of every angle in every picture used in the appraisal and refused to provide all original photos taken at the property proves it.

 

[Dublin ohio]

HUD-92564-CN Get a Home Inspection - OMB 2502-0538

OMB 2502-0538 reference document for HUD-92564-CN Get a Home Inspection

omb.report

 

[Raven59]

an item is different than numerous, and cropping pictures, and refusing to provide the original pictures taken at the property.

Maybe her appraisal software did it, and it was not intentional. Maybe she had her finger in the way of the lens. Maybe it was equipment failure. Or maybe it was never cropped. You signed an "as is" contract. Were you hoping she would help renegotiate the contract for things you missed or wanted the seller to do?

 

[Fernando]

HUD-92564-CN Get a Home Inspection - OMB 2502-0538

OMB 2502-0538 reference document for HUD-92564-CN Get a Home Inspection

omb.report

OP said there was a home inspection (not intended user).
Over here, if listing agent gets the home inspection, buyer has no recourse.
If buyer hires home inspector, buyer can go after home inspector.

 

[Raven59]

How does the underwriter know to require verification of minimum distance requirements if appraiser conceals the item exists?

Buyers home inspections are not provided to the lender nor used to determine the property meets MPR.

In discovery the appraiser chose to withhold information to multiple questions.

Incorrect. If the home inspection is mentioned in the contract, it is fair game. An underwriter could undoubtedly ask for it.

 

[Raven59]

Not when HUD relies on the lender to self report the error and lets them choose the severity category which leads to no consequence from HUD.

Read the article when you get a chance.

Maybe there is the fraud.

 

[Huds_Harm]

Maybe her appraisal software did it, and it was not intentional. Maybe she had her finger in the way of the lens. Maybe it was equipment failure. Or maybe it was never cropped. You signed an "as is" contract. Were you hoping she would help renegotiate the contract for things you missed or wanted the seller to do?

I'm hoping she would have done what she was paid for and determine that the home did not qualify as required.

 

[Surf Cat]

Can you provide us with the definition of "fraud"? Does it discuss the concept of "intent"? Have you proven "intent" to anybody satisfaction? Certainly not on here.

*Edit – posted before I saw George's discussion of this concept… Sorry…*

One thing I will give the Op in regards to being fraudulent, is the fact that the appraiser cropped photos. Having said that, did the appraiser crop the photos with "the intent" of hiding something? Or were they just cleaning up their photos? The checkboxes sound like incompetence.

But in regards to the major issue which is the septic tank, that is not in the wheelhouse of the appraiser to determine its soundness and compliance with regulations or if it has been regularly maintained.

 

[Dublin ohio]

Don't need to understand 75% of home inspection report. What appraiser should look for are costly repairs that can adversely affect subject.
I always look at whole picture instead of insignificant details. You should too.

What would you consider "costly" repairs that would be obvious to an appraiser without a home inspection in hand.

 

[Fernando]

What would you consider "costly" repairs that would be obvious to an appraiser without a home inspection in hand.

If report indicated water issue problem in basement, that's a red flag in costly repairs which won't add value.
Or average looking roof and inspector said subject has water leaking issues.
I assume all your appraised properties are in excellent condition with no condition problems.