Judge Rules Appraiser/Lender Owe no duty of care

[Mike Ault]

Except this wasn't just checking the wrong box. It was intentionally concealing anything, including lying about multiple physical items that existed and cropping them out of pictures, that would require the appraisal to be "subject to" and YES you should be sued for that.

Explain this please. As I understand it, you said the appraiser cropped out a fence and a deck. Am I mistaken about that? What was wrong with them?

 

[Huds_Harm]

Explain this please. As I understand it, you said the appraiser cropped out a fence and a deck. Am I mistaken about that? What was wrong with them?

The deck did not meet MPR and the fence would have been required to be replaced/"subject to"

 

[George Hatch]

Whatever percentage of SFR assignments are engaged via AMCs would - at a minimum - logically show up as such among the complaints.

 

[Mike Ault]

The deck did not meet MPR and the fence would have been required to be replaced/"subject to"

That does sound pretty damning. What, specifically, would have caused those two items to fail MPRs? Would it show up in a.picture?

 

[Huds_Harm]

That does sound pretty damning. What, specifically, would have caused those two items to not meet MPRs?

Fence • Enter “X” if this amenity exists. Describe material/type in additional features.
Physical deficiencies or adverse conditions Lead-Based Paint Hazard• Observe all interior and exterior surfaces, such as walls, stairs, deck porch, railing, windows or doors for defective (chipping, flaking or peeling) paint. (Exterior surfaces include surfaces on fences, detached garages, storage sheds and other outbuildings and appurtenant structures.). Note any areas affected (be specific) and condition the appraisal on their repair.

Patio/Deck • Enter “X” if this amenity exists. Describe material/type in additional features
Physical deficienciesor adverse conditions Lead-Based Paint Hazard• Observe all interior and exterior surfaces, such as walls, stairs, deck porch, railing, windows or doors for defective (chipping, flaking or peeling) paint. (Exterior surfaces include surfaces on fences, detached garages, storage sheds and other outbuildings and appurtenant structures.). Note any areas affected (be specific) and condition the appraisal on their repair.
Porch, Patio, Deck • Enter these features for the subject and comparable sales if they exist. Base any adjustments on local market expectations.
A home being financed with an FHA loan must have porch railings and banisters installed if the porch (or deck) is higher than 30 inches. The railing must reach a height of at least 36 inches, which is mandated by the International Residential Code

https://www.HUD.gov/sites/documents/41502APPDHSGH.PDF

 

[Tom D]

accidental wrong checked boxes are covered by your E&O. but like above said there was a pattern of intentional misinformation which would kill the accidental checked wrong boxes. i'm a city boy, but isn't there a special big round tank in the house if you have a well, verses a water copper line from the street. why is an appraiser cropping out a fence & deck. maybe peeling paint. maybe needing repairs. we all have limiting certs about condition and what we don't do, or do. FHA is very fussy about certain thing. we haven't seen the report, but intentional misleading and maybe provable. she should wait for the state for a finding of guilt or innocence, will help her suing the appraiser found misleading by state. E&O will not pay for any of his defense. appraiser go directly to bankruptcy court, you deserving idiot.

 

[Mike Ault]

So, you're saying that the deck was too high, and should have had a railing installed, and the fence had peeling paint? Correct?

 

[Huds_Harm]

So, you're saying that the deck was too high, and should have had a railing installed, and the fence had peeling paint? Correct?

I'm saying the fact she marked they didn't exist and cropped them out of all pictures proved they would have been required to be "subject to"

 

[Mike Ault]

I'm saying the fact she marked they didn't exist and cropped them out of all pictures proved they would have been required to be "subject to"

Pictures of fences and decks are not FHA requirements. Are you sure she intentionally altered the photographs she took? Or just did a sloppy job of checking boxes?

 

[Huds_Harm]

Pictures of fences and decks are not FHA requirements. Are you sure she intentionally altered the photographs she took? Or just did a sloppy job of checking boxes?

The pictures are more than obvious from multiple angles.

Other Structures – the FHA requires that every structure within the property lines must meet FHA minimum property standards. This means if there is a shed/barn with a defective paint surface or any other FHA issue observed it will need to be addressed. FHA standards don't just apply to the main house.