Judge Rules Appraiser/Lender Owe no duty of care

[Huds_Harm]

Wow! Grumpy that day? Do you need a pompous, pontificating lecture about how you can disagree with someone without "lobbing grenades?"

I'll stand by my comments. Even taken out of context such as you posted. I'm done with your pontificating.

Did I misspell "No wonder she's a single mother"?

I like how you stole Terry's words to you and used it against me. Expert level deflection!

 

[Huds_Harm]

This is a tough room. Everyone gets the same when we respond to dumb comments or accusations that we are covering for appraiser errors or making excuses for their failure of due diligence.

Nobody is deflecting to you that which is attributable to the appraiser or to FHA. The entirety of the dispute is limited to who owes you any assurances about property attributes or conditions relative to your own decision - which you presumably made within the context of your own due diligence choices.

The appraisal stated the property meets all FHA MPR. It was not my due diligence to proof or be "accountable" for that and no amount of incessant deflection will make me take any accountability for something that the borrower is not allowed to be a part of. The home's eligibility process.

I've seen the difference in tone, response and advice given from appraiser to appraiser on this site vs appraiser to borrower.

 

[Huds_Harm]

Is that right? Tell us about which components of your septic install failed. We're dying to know and have already asked a couple times, with no response.

You see that's where the incompetence lies. I did not sue for a failed septic system.

I sued because the property did not meet MPR requirements working septic or not.

And I sued because there is not sufficient room for repair or replacement at a reasonable cost which per the FHA well waiver was required to be determined.

 

[Surf Cat]

I like how you stole Terry's words to you and used it against me. Expert level deflection!

It's a word in the English language. Terry doesn't have a patent on it. However, I'm glad that he reminded me of it, as it describes perfectly, to a T, what you've been doing.

As for expert level deflection.... it's kind of ironic that you should bring that up.

 

[Huds_Harm]

It's a word in the English language. Terry doesn't have a patent on it. However, I'm glad that he reminded me of it, as it describes perfectly, to a T, what you've been doing.

As for expert level deflection.... it's kind of ironic that you should bring that up.

so are "no wonder she's a single mother."

How long did it take you to google it before using it?

 

[TerryRohrer]

That's kind of Rich coming from you based on some of your comments and insults in other threads.

Keep reading, finish the thread. Give us your opinion of the matter.

Well, I was discussing appraisal issues and methodology with an appraiser I assumed could explain and defend their position. You are simply being a petty jack*ss for sport with support from your friends! I read most all of this thread and the last one on the same subject and it is abundantly clear that you became petty and childish when you weren't spoon fed the details of the circumstances that have been available to you the whole time. And you (and others) continually berate the OP over not doing her due diligence, but are commenting without a clue. But I am marking this thread as another source of every possible defense known to appraisers to justify my mistakes should I ever be called out!

Meanwhile, I keep in mind that little provision of USPAP that says "an appraiser must not commit a substantial error of omission or commission that significantly affects an appraisal; and, not render appraisal services in a careless or negligent manner, such as by making a series of errors that, although individually might not significantly affect the results of an appraisal, in the aggregate affects the credibility of those results."

I sincerely hope the OP prevails in this. The copout defense of "you are not an intended user" (coupled with the completely bogus "but we are protecting the public trust") is weakening, and will likely disappear in the near future and that expectation doesn't bother me in the least. Clearly, though, many appraisers rely on it as the means to facilitate their incompetence and cavalier rendering of appraisal services. I will happily go forward without that copout if it means those not giving a damn about what they leave in their wake are removed from the field.

 

[Tom D]

not one appraser opinion here means anything in this case. it was decided by the as is statement. not decided following any guideline for appraising. seems like a victory for us. and a waste of time reading about a bad appraisal. except i learned some things about septic, being a city appraiser.

 

[Fernando]

You see that's where the incompetence lies. I did not sue for a failed septic system.

I sued because the property did not meet MPR requirements working septic or not.

And I sued because there is not sufficient room for repair or replacement at a reasonable cost which per the FHA well waiver was required to be determined.

Again how are you involved in this case? Are you the single mother since you are the one damaged?
FHA has put on these inspections upon appraisers but we are not inspectors.
Unfortunately, buyers being cheap not hiring their own inspectors think FHA appraisers are doing the inspection for the buyers.
The inspection is for lender and FHA.
If OP succeed in her lawsuit, all FHA appraisers are exposed to liability from a nonintended user.

 

[andrew81]

If the appraisal report did mention all the accusations, the original poster would blame the appraiser for causing loan denial.

 

[TerryRohrer]

If the appraisal report did mention all the accusations, the original poster would blame the appraiser for causing loan denial.

That certainly justifies their (appraiser's) actions!