Judge Rules Appraiser/Lender Owe no duty of care

[Tiffany Gibbons]

After looking through 94 pages of this. The Appraiser did not mention anything about the Septic System because the area around the drain field was dry, probably due to lack of usage. No other items were required repair. If the Appraiser did write up the observable MPRs the buyer or the owner would have completed the repairs for the loan.
Even if the Appraiser check the boxes of well and septic, there may not be evidence that the distance between them was sufficent for FHA Requirements, even the home inspector could not find it. The borrower and owner had the tank pumped, and flow tested, there were no reports of problems? This buyer would have bought the home, they were unlucky, that after 3 months of use the system failed.

It was in the listing and in the sales contract as well.

 

[Surf Cat]

Actually, the more I think about the internet is forever, the more I'm struck by the possibility that the OP may have thought we'd react differently to the legal liability issue, enough so to cite such a me-too chorus in support of her legal argument

This is why I gave her both barrels a few hundred posts ago. She wasn't looking for answers......just affirmation to her cause. Show posts to attorney that appraisers are on her side.

The appraiser is at fault for not calling out the distance between the septic and the well. The proof is in the sloppy work of wrong checked boxes and cropped photos. Guilty!

 

[Fernando]

Well, when it was posted on Appraiser Blog, she got lots of positive responses from appraisers

That's because she didn't tell the whole story. When at AF, we are the meanest and thorough critics I'd ever met. And I know. I don't get any love here.

 

[George Hatch]

This is why I gave her both barrels a few hundred posts ago. She wasn't looking for answers......just affirmation to her cause. Show posts to attorney that appraisers are on her side.

The appraiser is at fault for not calling out the distance between the septic and the well. The proof is in the sloppy work of wrong checked boxes and cropped photos. Guilty!

I don't know the answer as to what she was looking for. I just know what I've seen of other visitors coming into other threads in the past. Some want to know, some want to vent, and some want to preach.

 

[Tiffany Gibbons]

Yes....based on the appraiser's incorrectly checking city sewer as opposed to septic, cropped photos of a fence and deck, and other MPR compliance items.

Some how in all this....."the appraiser" is supposed to know "the distance" of the well to the septic was out of compliance for FHA funding. Even though several entities tied to this transaction didn't even know where the septic tank was. This is the basis of the lawsuit.

What's even weirder is that she's not looking for answers or understanding ( she admitted this). She's looking for admission of guilt and or wrongdoing of the appraisal profession. That the whole process is flawed and against borrowers.

If the FHA appraiser would have followed FHA mpr's, the loan wouldn't have been approved for this house.

Bayou refuses to comprehend that the distance of the well to the septic is not within the appraiser's scope of work. So the mis-checked boxes and cropped photos surely implicates the appraiser.

Beyond weird....

I know I always write lots of commentary on the site in the extended comments but have had a reviewer email me I accidentally checked the wrong box, just typing fast.. I corrected ithe error and re-load a corrected report immediately. I can think of at least twice in 5 years. We don't know for sure that didn't happen h this case.

 

[Terrel L. Shields]

Zee horse, she is dead. Yes, we shall keep beating her until she gets up.

 

[Mike Ault]

Zee horse, she is dead. Yes, we shall keep beating her until she gets up.

Yes. And in that spirit, for some reason I feel the need to point out that the MLS pictures in 2021 show a great handrail around the "mystery deck". And "the fencing around this subject" which was visible in the MLS pictures appeared serviceable.. I'm disappointed that we've devoted so much time to this..

 

[Zoe]

I am not saying FHA and lender should not have required an inspection of the septic and water well by a qualified professional.

They probably should have for their own interests. Whoever laid the septic that close to the water source is main culprit. I don't know if water well was put in first or septic system. Whoever was last is the culprit.

 

[djd09]

Ohio Supreme Court says boneless chicken wings can have bones​

Republicans on the Ohio Supreme Court ruled that bones are a natural part of chicken so a consumer should be on guard for them − even in boneless wings​

understand...

 

[Zoe]

LOL.

I can tell most on this thread do not work rural areas. If this is 24 acres in downtown city, the whole ball game changes.

I don't have enough info. I can't imagine 24 acres in New York.