Judge Rules Appraiser/Lender Owe no duty of care

[Raven59]

Correct they will accept going from 100ft between septic and well to 75 minimum. This property is 66

I don't read it the same way. FHA says that if the local provides similar safety measures it applies to all the well and septic requirements.

 

[George Hatch]

With respect, "I don't know for sure and I have no evidence" is a far cry from proving an allegation of fraud. It is usually not effective to start with an outcome and work your way back into a previously determined opinion about how that happened.

"That person died" isn't proof of that the accused committed an illegal homicide with malice and premeditation. A bunch of other elements that comprise that offense have to also be proven. Each to the degree necessary to meet the burden of proof.

From your description it appears that whatever arguments the atty did make weren't enough to alter the judge's decision. Cases which are poorly argued sometimes fail even when the facts are all on their side. I'll tell you one thing , that "different federal definition of "as is" talking point would be a non-starter in a courtroom, right out of the gate. If the case ever got that far.

 

[Tiffany Gibbons]

Your attorney? The court? I have no idea how stuff like this gets litigated. But if you wanted to show a non cropped photo to compare, seems like you could do that.

Personally, I would concentrate on the main issue of the septic and well, the "sanitary" issue, instead of trying to pile on the deck railing and fence, that is minor. And you would need evidence of the cost of the repairs. It seems crazy high. You're not going to get back equity you might have gained. That's just not how the world works. I regularly see what septic systems cost for new homes here, where it is solid limestone to drill through. I mean, it's also a waterfront property. If one of your kids falls in and drowns, would that be the appraiser's fault too?

 

[George Hatch]

We have an atty who specializes in appraiser issues who participates here once in a while. He's a subject matter expert on this area of law and these types of allegations and he has many years experience at it. If he showed up at a deposition and the opposing counsel wasn't operating at his level then any ambiguities in their arguments would get quickly demolished in place.

If you're going to appeal, that's the level of legal competency with appraisal issues you would want to retain.

 

[shrubberyvaluation]

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

Sure, and with that negligence you got your funding. And that negligence was not why you are having problems. Its like going after a home inspector for missing a minor item that has no bearing because some major event happened after closing that is unrelated. The aggrieved parties woudl be the lender and HUD.

 

[George Hatch]

I think it's fair to say that everyone here is sympathetic to someone who faces a $100k repair bill, and everyone here will disavow any grossly substandard appraisal practice. Nobody is defending that. We may be saying that you took an avoidable risk in trusting the lender and FHA to prevent you from making a poor decision but that doesn't mean we're sticking up for an alleged villain.

You wouldn't have any way of knowing this, but we routinely treat each other much more harshly than anything that has happened in this thread. Nobody here agrees with anyone else here 100% of the time. If someone here says something stupid or controversial they d so knowing they WILL get scorched for it in no uncertain terms and usually from multiple directions at the same time. Appraisers are like the badgers of the watering hole, not like the cuddly little bunnies.

It may feel otherwise to you at this point, but we're not singling you out for mistreatment.

 

[Huds_Harm]

Unless you know more than what you told us, we don't know what the "separation distances" are for your neighbors, do we? All you told us was that the properties were less than 1 acre. That fact alone does not preclude FHA financing for your neighbor's well and septic systems.

logically speaking the sq footage of an acre is not sufficient space to meet FHA minimum required distances.

 

[Huds_Harm]

Not at all. I believe everyone's been forthcoming and honest about your situation. Especially given the fact that you came to an Appraiser's Forum, trying to throw an appraiser under the bus....

I commend you, usually people don't make it this far.... we usually get insults thrown at us by now and they quit.... because we answer questions to situations such as yours honestly and objectively keeping in mind the standards we're held to. Plus, we take into account the many appraisals we've done and observations we've made in giving you these answers.

Can you imagine how much this would have cost you if you went to justanswer.com?

Okayyyy?

So again..... are you the borrower or the attorney?

Respectfully I did not come here for answers. I came here for awareness and found out how many appraisers will defend this blatant incompetence.

I dont have to imagine how much I would've spent, because I have spent it on attorney's for three years.

I am not the attorney.

 

[Huds_Harm]

Sure, and with that negligence you got your funding. And that negligence was not why you are having problems. Its like going after a home inspector for missing a minor item that has no bearing because some major event happened after closing that is unrelated. The aggrieved parties woudl be the lender and HUD.

If you read the article. I have pursued HUD for three years to the point they updated their defect taxonomy.

https://www.HUD.gov/sites/dfiles/OCHCO/documents/2024-14hsgml.pdf

 

[Fernando]

Maybe OP is the buyer's agent somehow related with a personal interest with buyer.
Public is finding out how our appraisal system - HUD, lender, AMC, USPAP are set up to protect themselves.
The appraiser is at the bottom of the totem pole and they will throw the appraiser under the bus, their sacrificial lamb.