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Judge Rules Appraiser/Lender Owe no duty of care

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.

So argue that case on those merits. It hasn't been working for you so far, but maybe if you repeat it 100x in front of a judge you'll wear them down.

You got the loan you applied for. What nobody ever gave you was a warranty about your property attributes. Or any sort of assurance that they were obliged to protect you from the outcomes of your own purchase decisions.
 
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So the question everyone keeps "side stepping" is what number of items that were required to be notated "subject to" repair would make it go from negligence to intentional?
Nobody here from this forum was there physically inspecting your property! Nor have we seen the original appraisal to answer or make a determination for the above question!

Did you pay for an appraisal review by an FHA appraiser whom is geographically competent in the subject's market area? And no, the AMC computer review does not count. You need to hire, yes pay, a licensed, FHA appraiser who will follow USPAP standards 3 & 4 to determine any errors and omissions and if the appraisal conforms to USPAP.

You're just Googling a bunch of FHA stuff coming up with your own determinations. Hire a licensed professional and be done with it!

I suggest that you don't bombard the review appraiser you're looking to hire with incessant babbling as you're doing here so as they take the assignment.

Now go away....sheesh.
 
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
ZZZZZzzzzzzzz
 
So argue that case on those merits. It hasn't been working for you so far, but maybe if you repeat it 100x in front of a judge you'll wear them down.

You got the loan you applied for. What nobody ever gave you was a warranty about your property attributes. Or any sort of assurance that they were obliged to protect you from the outcomes of your own purchase decisions.
and what I paid for was an FHA loan to determine the home met all FHA MPR which it does not.
 
I'm looking at my subject in MLS and it states: " Additions were made without permits......Buyer and buyer's agents are encouraged to conduct their own due diligence regarding additions and square footage."

This is a smart listing agent in putting disclaimer for all buyers to do own due diligence. With estate sales, it's assume to be "as is" condition unless buyer put contingencies or credit for issues buyers have concerns.

OP is relying on FHA agent to do her due diligence? That's above the appraiser's pay grade level.
 
Nobody here from this forum was there physically inspecting your property! Nor have we seen the original appraisal to answer or make a determination for the above question!

Did you pay for an appraisal review by an FHA appraiser whom is geographically competent in the subject's market area? And no, the AMC computer review does not count. You need to hire, yes pay, a licensed, FHA appraiser who will follow USPAP standards 3 & 4 to determine any errors and omissions and if the appraisal conforms to USPAP.

You're just Googling a bunch of FHA stuff coming up with your own determinations. Hire a licensed professional and be done with it!

I suggest that you don't bombard the review appraiser you're looking to hire with incessant babbling as you're doing here so as they take the assignment.

Now go away....sheesh.
The appraisal review determined 18 deficiencies including those that affect value.

The required field review was denied.

Anything else?
 
I'm looking at my subject in MLS and it states: " Additions were made without permits......Buyer and buyer's agents are encouraged to conduct their own due diligence regarding additions and square footage."

This is a smart listing agent in putting disclaimer for all buyers to do own due diligence. With estate sales, it's assume to be "as is" condition unless buyer put contingencies or credit for issues buyers have concerns.

OP is relying on FHA agent to do her due diligence? That's above the appraiser's pay grade level.
The FHA loan is contingent upon the appraisal determining it qualified for the loan.
 
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