Judge Rules Appraiser/Lender Owe no duty of care

[Huds_Harm]

I have been entirely consistent in my commentary all along, there's no "when convenient" involved.

You can literally read your contradictions above

And you have no idea how committed I am.

 

[Huds_Harm]

There's no use going back and forth with her Hatch. It's "the appraiser is at fault and responsible" or bust.

No garnered insight from approximately 500 posts. Sidestepping of "intricate details" that would implicate her of negligence on the matter. Advice given and not taken. Side step, evade, it's the appraiser, it's the appraiser.

Who else determines the home meets FHA minimum property requirements?

 

[Fernando]

OP came to AF in hope of getting support/evidence to further her lawsuit.
Many lawyers don't understand how FHA, USPAP, and confusing world how appraisals work.
Just because they're real estate attorneys or product defect specialist, It takes specific appraisal knowledge to make a case.

 

[George Hatch]

There's no use going back and forth with her Hatch. It's "the appraiser is at fault and responsible" or bust.

No garnered insight from approximately 500 posts. Sidestepping of "intricate details" that would implicate her of negligence on the matter. Advice given and not taken. Side step, evade, it's the appraiser, it's the appraiser.

Well, it apparently WAS the appraiser who screwed the lender, so the appraiser definitely gets what they get for that. Nobody is sympathetic to them. But we've seen both HUD and these lenders walk away from far more serious errors/omissions than this without making the effort to sue.

Lawsuits are expensive. I wonder how far the OP could have gotten with their repair if they had spent their money on fixing their problem instead of throwing a lawyer at it?

I didn't even bother to retain a lawyer or fight it out in court when I got divorced. I just went with it. And I saved myself a lot of hassle and distress in the process.

 

[Surf Cat]

Who else determines the home meets FHA minimum property requirements?

Hey, I thought you were done communicating with me.

FOR THE RECORD: I'm truly sorry for situation you're in. Based on the article and from what you told us AND "without" viewing the appraisal, "it appears" that the appraiser made some errors. Possibly enough to turn them in to their state board.

As to your question above,

The FHA appraiser is not responsible for:

• Conducting a detailed inspection of the septic tank or its components.
• Verifying the system’s compliance with HUD’s standard requirements (50 feet between well and septic, 100 feet from the drain field, and 10 feet from the property line).
• Inspecting the system’s maintenance records or ensuring its regular upkeep.

The lender and borrower are responsible for ensuring the septic system meets state and local requirements, and that it is properly functioning and maintained. The FHA appraiser’s primary focus is on the property’s overall condition and value, rather than the detailed operation of the septic system.

 

[Raven59]

Unless this was determined on those properties they were NOT eligible

Evidence that the ground surface is effectively separated by an impervious strata. This may be supported by a well driller’s log or acceptable substitute. Acceptable substitutes are a subsurface evaluation letter from either the local Water Management District or Health Department or a letter from a qualified well installer provided it clearly shows data which would otherwise have been revealed by the well driller’s log. The underwriter must insure the well driller's log (or acceptable substitute) denotes an apparent impervious strata. If this information is not available, the property is NOT eligible for HUD/FHA mortgage insurance.

HUD not the lender said ok.

 

[ucbruin]

Incompetent home inspector, incompetent appraiser. 9 of 10 appraisers don't even understand what to look for in a septic system. Same with waterwells.

Not required....
Beyond the required scope of 9 out 10 appraisers....

 

[Tom D]

this isn't the 1st tread on a bad septic or well. in a previous one was the same, did not say sep or well. i remember the angry owner constantly refer to HUD comment on inspection. seems to have gone for a while with no resolution except for poster repeating the same phrase a lot.

FHA wants pictures of every patio, deck, porch that you dŕaw on your sketch. they also want an interior photo of any shed you note. i got into trouble for not seeing the peeling paint on the covered patio roof. it's up to the lender to catch these things, verses a post closing HUD review a year later. and a friendly certified from them.

 

[Mike Ault]

FHA wants pictures of every patio, deck, porch that you dŕaw on your sketch. they also want an interior photo of any shed you note.

Here are the actual FHA photo requirements…

 

[Mike Ault]