Judge Rules Appraiser/Lender Owe no duty of care

[Mike Ault]

I have repeatedly stated I sued for negligence and the appraiser has openly admitted to the error and omission.

If you stick with that tact, you might eventually find yourself in front of a sympathetic jury who agrees with you. If you start making unfounded claims about "doctored photos", and "intentional fraud", however, you will in all probability "poison the well" of goodwill that a single mother, aggrieved party typically starts off with in front of a jury. If you take nothing else away from this thread, take that.

 

[Surf Cat]

It's probably already been said but I'll say it again.

This wouldn't even be an issue if the septic tank was working as it should right now.

Old homes, remodeled homes, and even brand new homes, have defects that result from poor craftsmanship, skipped inspections, settlement, termite infestation, negligence, and just plain ol' wear and tear.

Yup.....it's the appraiser's fault.

 

[Raven59]

The damage claim appears limited because the primary issue is the property's eligibility for FHA financing, not its overall marketability or value. The appraiser's accountability is also limited to their specific role and scope of work, which does not include in-depth septic systems and wells inspections.

 

[Fernando]

Hard to believe but I take shortcuts and being cheap in not doing my due diligence when buying properties.
If I get a good low price, I waive the inspections especially when listing agent provided me a home inspection.
On my most recent sale, inspection report didn't mention about roof issues.
A week after I purchased, the roof had leak.
After hiring handyman in doing temporary fixes, I finally had to replace whole roof for $20,000 not including thousands I spent on prior repairs and fixes.

 

[Huds_Harm]

The damage claim appears limited because the primary issue is the property's eligibility for FHA financing, not its overall marketability or value. The appraiser's accountability is also limited to their specific role and scope of work, which does not include in-depth septic systems and wells inspections.

The appraiser's specific role and scope of work was to determine the property's eligibility.

 

[Fernando]

The appraiser's specific role and scope of work was to determine the property's eligibility.

....to the lender.

 

[Mike Ault]

The appraiser's specific role and scope of work was to determine the property's eligibility.

And I have done so countless times to support FHA insured loans in the in the country for properties on well & septic systems. And, unless it's brand-new construction, I never state that septic system separation distance meets FHA (or anybody else's) guidelines from the well or the lot line because it's just impossible to determine where the septic system leach field truly lies in relation to those features. That is not the appraiser's responsibility. That is the mortgagees responsibility to determine.

 

[Huds_Harm]

And I have done so countless times to support FHA insured loans in the in the country for properties on well & septic systems. And, unless it's brand-new construction, I never state that septic system separation distance meets FHA (or anybody else's) guidelines from the well or the lot line because it's just impossible to determine where the septic system leach field truly lies in relation to those features. That is not the appraiser's responsibility. That is the mortgagees responsibility to determine.

Per the AMC's 21 point checklist on this appraisal the following was required.

 

[Fernando]

Per the AMC's 21 point checklist on this appraisal the following was required.

View attachment 89152

How did you get AMC's 21 point checklist?
It's between lender and appraiser.

 

[Huds_Harm]

How did you get AMC's 21 point checklist?
It's between lender and appraiser.

Another incompetent person at the AMC