Judge Rules Appraiser/Lender Owe no duty of care

[Huds_Harm]

Show us "one" of these pictures that she allegedly "intentionally cropped".

For you to "move the goalpost" to another meaningless deflection to the borrower? No thanks.

This was required



And the appraiser not only framed both sides of the subject property out of all appraisal pictures, she checked that the items on each side of the property did not exist.

 

[George Hatch]

And what would marking items that you see with your eyes as non existent, and going further to keep them out of every image be called?

When the following was required

View attachment 89323

Asked and answered - repeatedly.

It's an error. But you have been unable prove it was made intentionally. And the concepts of "intent" have been a standard in rational discourse going back to the ancients, so there's nothing recent about its advent in our legal system.

It should go without saying that we also have no basis to conclude these errors weren't the result of intent, so we're not alleging that you're wrong about the allegation; we're just saying the element of intent itself cannot be proven or disproven to the satisfaction of the courts based solely on the outcome. And in our system of law the burden of proof rests with the accuser, not the accused.

 

[Huds_Harm]

The appraisal is for lending decisions, not a get out of jail free card if something happens after closing or you didn't do your due diligence.

In the performance of an FHA appraisal, the appraiser must denote any deficiency in the appropriate section(s) (site issues in the site section, improvement issues in the improvements section) of the appraisal report. The appraiser is to note those repairs necessary to make the property comply with FHA’s Minimum Property Requirements (MPR) or Minimum Property Standards (MPS) together with the estimated cost to cure. The lender will determine which repairs for existing properties must be made for the property to be eligible for FHA-insured financing. Cosmetic repairs are not required; however, they are to be considered in the overall condition rating and valuation of the property. Examples of cosmetic repairs would include surface treatments, beautification or adornment not required for the preservation of the property. For example, generally, worn floor finishes or carpeting, holes in window screens, or a small crack in a windowpane are examples of deferred maintenance that do not rise to the level of a required repair but must be reported by the appraiser. The physical condition of existing building improvements is examined at the time of the appraisal to determine whether repairs, alterations or inspections are necessary - essential to eliminate conditions threatening the continued physical security of the property. Required repairs will be limited to necessary requirements to: • protect the health and safety of the occupants (Safety) • protect the security of the property (Security) • correct physical deficiencies or conditions affecting structural integrity (Soundness) A property with defective conditions is unacceptable until the defects or conditions have been remedied and the probability of further damage eliminated

 

[Huds_Harm]

Asked and answered - repeatedly.

It's an error. But you have been unable prove it was made intentionally.

The answer is Intent.

Impression testimony, that is, testimony of victims as to how they had been misled by defendants, is admissible to show an intent to defraud.

Fraudulent intent is shown if a representation is made with reckless indifference to its truth or falsity.” Intent can be reasoned from statements, conduct, victim testimony, and complaint letters, all of which can help demonstrate that the perpetrator knew that victims were being misled.

 

[Mike Ault]

For you to "move the goalpost" to another meaningless deflection to the borrower? No thanks.

This was required

View attachment 89327

And the appraiser not only framed both sides of the subject property out of all appraisal pictures, she checked that the items on each side of the property did not exist.

What was wrong with the fence and deck? "Peeling paint", "structurally unsound", or some other issue that should've been pictured?

 

[Mike Ault]

"?"

 

[Huds_Harm]

What was wrong with the fence and deck? "Peeling paint", "structurally unsound", or some other issue that should've been pictured?

See, "moving the goal post."

It's not enough that she marked they did not exist and cropped them out of view of all pictures when per the AMC 21 point checklist pictures to all sides of the property were required.

The deck did not meet MPR code requirements on railing height and the fence would have been required to be repaired or replaced at the very least it is proven they were required to be marked as existing and pictured.

 

[Mike Ault]

See, "moving the goal post."

It's not enough that she marked they did not exist and cropped them out of view of all pictures when per the AMC 21 point checklist pictures to all sides of the property were required.

The deck did not meet MPR code requirements on railing height and the fence would have been required to be repaired or replaced at the very least it is proven they were required to be marked as existing and pictured.

The fact that the AMC 21 point checklist was not followed does not mean that the "appraiser and the AMC were colluding together" to conceal that information from FHA.

 

[Dublin ohio]

The answer is Intent.

The additional question is why would the appraiser intentionally do it. What was their motivation. What did they have to gain.

 

[shrubberyvaluation]

The additional question is why would the appraiser intentionally do it. What was their motivation. What did they have to gain.

Only thing I can think of is to please Clear Capital, if any. Conjecture however.