Judge Rules Appraiser/Lender Owe no duty of care

[Huds_Harm]

Oh, so that wasn't how your case has progressed. Yet. I'm glad I prefaced my comment with that "if that's what happened".

One of your complaints seems to be that it was unethical for the appraiser to even attempt to argue that their responsibilities in this portion of the assignment didn't extend to you. I would point out to you that if that argument was offered at all it would have been the atty actually making it, and that the basis for them making that argument was per the applicable law; not per the requirements of USPAP. The job of the atty is to advocate for their client's interests by use of every legal alternative that's available to them. The atty is not expected to act like an appraiser because the atty is not engaged in appraisal practice. USPAP doesn't apply to the actions of the atty.

Render unto the atty and judge that which is theirs'.

 

[George Hatch]

You also engaged a lawyer to argue your case BAMN, no? As is your right, same as the appraiser.

 

[Huds_Harm]

You also engaged a lawyer to argue your case BAMN, no? As is your right, same as the appraiser.

yes and usually those type of statements are for defense attorneys.

 

[George Hatch]

Is that not the discussion at hand? How the attys for both sides and the judge acted in this case? As per their job descriptions.

 

[Huds_Harm]

Is that not the discussion at hand? How the attys for both sides and the judge acted in this case? As per their job descriptions.

My attorney did not lie to and mislead the court, nor did my attorney deny deposition saying it was "laughable" or advise me to "withhold" information that is legally required to be disclosed.

The only people who don't want to disclose the truth are the people with something to hide.

 

[Fernando]

Sad that this industry "agrees the appraiser was negligent" but "not a single opinion has changed" that the appraiser owes a duty of care to the persons affected by it meaning you believe there should be no consequences to negligence.

Great business practice, totally in line with,

An appraiser must promote and preserve the public trust inherent in appraisal practice by observing the highest standards of professional ethics,

to which a few of you on this forum have none.

OMG, so now public is using USPAP against appraisers in a lawsuit. USPAP was meant for appraisers.

 

[Fernando]

Thank you for reminding me not only are you expert appraisers, but you are experts at deflection.

You and your colleagues have attempted to deflect to my home inspection which does not determine FHA MPR.

You and your colleagues have attempted to deflect to me being a single mother.

You and your colleagues have attempted to deflect to how many kids I have.

You've even attempted to deflect to a YouTube video of Elvis Presley's song Only Fools rush in.

Now after admitting the appraiser committed negligence and also that you believe there should be no recourse for the persons affected by it,

You're deflecting to the problem is the judge rather than the fact appraisers get to use the intended user clause as a weapon to avoid accountability.

Don't take it personally speaking from experience (Fernando takes a lot of abuse). That;s how appraisers respond here in AF.

 

[George Hatch]

My attorney did not lie to and mislead the court, nor did my attorney deny deposition saying it was "laughable" or advise me to "withhold" information that is legally required to be disclosed.

The only people who don't want to disclose the truth are the people with something to hide.

[shrugs] Apparently the opposition's plan worked. And apparently your atty's plan didn't work. It happens.

 

[Fernando]

Why are you so evasive about the agents involved and the home inspection? Are you an "investor"? I'm so sorry your flip flopped. I do not care how many kids you have. In fact, being on a waterway seems kinda dangerous for kids. Sounds like you make lots of questionable decisions.

Forumites here still don't know how agents and home inspectors are involved in the lawsuit. Appraisers are wary of everyone and need all the facts. When we feel something is not right with the facts, rest of the claims are suspect.

 

[George Hatch]

OMG, so now public is using USPAP against appraisers in a lawsuit. USPAP was meant for appraisers.

It's dumb comments like these which detract from the discussion. USPAP is for appraisers and users