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Judge Rules Appraiser/Lender Owe no duty of care

Odd that an appraisal blog is kind of trashing appraisers while she gets to remain anonymous with no details about the house, the "as is" sales contract", etc. All we know is both HUD and the lender blamed the home inspector, and FHA punished the appraiser and made the appraiser take extra classes. The septic tank location was "unknown" because it was an estate sale (?). Obviously, she thought she was getting a deal for this waterfront property. The septic pumping company located the tank 2 weeks after the home inspection (was there a receipt?) and the home inspector didn't locate it or the well either?). And she never had well or septic testing done? Just OK, leave it uncovered for the appraiser? WTF. She knew it was on septic and well, it was in the listing. I found it strange that the judge was asking how much her income was and what her "fee schedule" is and if she planned on becoming an attorney. What other professions have "fee schedules"? I blame the home inspector and the borrower for not doing their due diligence. There's more to this story than meets the eye.
 
I'm sure an atty like Privateer could fill in all the blanks on how the courts might handle a case like this
 
George Hatch said:
The OP might have mentioned it, but did they mention whether they are still living in the home, and if so how these conditions have affected them?
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She said her and her children were homeless and had moved 4 times due to this, but yet she had new plans drawn up to relocate both systems, but no survey, no other proposals? This is a suburban subdivision location that is waterfront (possibly on a bayou?).
 
So, the property is unlivable. That's a worst case scenario. I would have just documented the history of this situation and engage in a strategic default. Rent for a bit and then try again. As opposed to compounding the loss by throwing lawyers at the long shot. She might have even been able to negotiate for the lender to not report it on her credit.
 
Terrel L. Shields said:
Our state has no such body and only those in the past 20-30 years are mapped with the county sanitarian.
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Dang, yes the on-site wastewater site for Arkansas is bad, but you have Two different levels of professional sanitization certification organizations. Well, you are in "The Natural State". You should tell Sarah Huckabee Sanders to get searchable records like Tennessee has. Wonder if Texas has anything online. You'd think, with all those oil wells, cattle farms, etc.
 
Carnivore said:
I read the The article and comments in that blog again. I wonder if the State Licensing board was made aware of this issue. My State very rarely revokes appraisers license for complaints. They do hammer them with a suspension and stay the suspension after the appraiser completes loads of CE courses and gives them a time period.

Something like this, I think my state would would revoke the appraiser license with no possibility for re-issue at a later date.
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The State couldn't do that. It's an FHA guideline, not USPAP. And apparently its not a racial bias complaint either.
 
Tiffany Gibbons said:
Dang, yes the on-site wastewater site for Arkansas is bad, but you have Two different levels of professional sanitization certification organizations. Well, you are in "The Natural State". You should tell Sarah Huckabee Sanders to get searchable records like Tennessee has. Wonder if Texas has anything online. You'd think, with all those oil wells, cattle farms, etc.
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So who issues permits for on site systems. Around here on site systems are approved and permitted through the county. So that is who I contact. Some are on line. Others are not. But the info is available.
 
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