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Now I've Gone And Done It

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Tater Salad

Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
Missouri
After reading the article about why we shouldn't reassign appraisals, we now have a new company policy to reinspect and prepare a new report on the cheap.

Got my first request for a reassignment since the new policy change, and the guy "...isn't gonna spend another dime on this thing", but I better make it right or his attorney says that they are going to sue me.

So now, I explain that I can no longer be an objective third party after being threatened, so I graciously decline the assignment.

No good, they're still gonna sue me.

Can't win for losing! Glad it's Friday.
 

David S. Roberson

Senior Member
Gold Supporting Member
Joined
Jan 16, 2002
Professional Status
Certified Residential Appraiser
State
Tennessee
Forget about it. The guy is full of crap.
 

Patti Jury

Senior Member
Joined
Mar 23, 2002
Professional Status
Licensed Appraiser
State
Colorado
I'm lost.. sorry..

What are they sueing you for?

Did you complete the 1st appraisal for a lender?.. Did owner change lenders? ..
Or is he getting a new loan on your older 1st appraisal?

In any case.. I was not aware that you/me/or we were under any obligation to complete anything...? Did I miss a new law or something.. would not surprise me if I did...lol
 
Joined
Jan 13, 2002
Professional Status
Retired Appraiser
State
Florida
email the lawyer a link to USPAP

What a pile of BS!!! Anybody can sue for anything! Winning is another matter.

You might want to contact your E&O carrier about this now. If you don't have E&O, contact an attorney that you can refer them to if they do call you again. Do not discuss anything with any of them any more.

Sorry you're going through this. Wonder which one of us will be next!
 

Mike Simpson

Senior Member
Joined
Jan 30, 2002
Calotz-

Pam offers very good advise--if contacted don't speak to the attorney! Refer them to your attorney. If their attorney contacts you & you don't already have an attorney...tell them you're not willing to discuss this issue with an attorney without representation of your own (they'll probably make threats designed to rattle you...don't relent).

I've been threatened by borrower's in the past with legal action (never when I appraise a home higher than they thought their property was worth, however). On these occasions I say; "Oh...you've used the 'A' word, now I can't talk to you without my attorney present."

Had a borrower once ask me; "Don't you mind being sued?" "No...not at all" I responded, "I mind losing, and that's not going to happen. In this sue happy litigious society of ours I expect to be sued as a normal course of business. I know, and have worked with some very good attorney's...I'd be happy to introduce them to you (borrower)."

Besides, David Roberson is most likely right...the guy's probably full of it.

Good Luck,

-Mike
 
W

walt kirk

Guest
If he sues you sue him back! Let it be known that anybody who costs you time and money will pay. If the client is a mortgage lender report his threat to the State license authority.
 

Tim The Enchanter

Elite Member
Joined
Jan 24, 2002
Professional Status
Certified Residential Appraiser
State
California
Ignore their crummy threats.
If you get some crummy papers served on you. Then do something.
Jerks. :twisted:
 

Tater Salad

Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
Missouri
Patti-- I was lost, too. This is the scoop: I appraised his home for my client, ABC Mortgage, about a month ago. The borrower decided to go with someone else, and left a message for me on my machine yesterday.

I called to lender to get permission to call him back (this may be overkill, but I never talk to a borrower unless I get ok from the client to do so) and was waiting for the lender to call me back. Before I could call the guy back today, he called again and threatened to stop payment on the check he gave me (a month ago, haha) if I didn't "make things right". Then said he was going to sue me for not completing my obligation, which was to give him an appraisal that he could use, and for not calling him back. It was like talking to a wall, but I'm used to that.

So, I guess he plans to sue me for a) only performing the work that I was contracted to do in the first place and B) being rude.

I know he's just a waste of space, but it still rattles you, ya know? Another nice end to another nice week.

Thanks everybody for the advice and support. I think you're right, I'll never hear from this creep again.

:unsure:
 

Larry Lyke

Senior Member
Joined
Feb 2, 2002
It's all huff and puff ~

Phrases like "Who's your attorney" or "It'd be a pleasure to be sued by a good attorney finally."

An attorney won't take him on a for simple thing like that.

So, maybe the attorney calls you up and threatens you, tell him your busy to please call back tomorow or the next day and drop the phone in the cradle.

All bluster.

When the attorney writes you a letter, don't respond.

In the meantime the clock is running and the borrower is getting further and further away from his original goal.

Unless, of course, you the appraiser becomes his new goal!
 

Patti Jury

Senior Member
Joined
Mar 23, 2002
Professional Status
Licensed Appraiser
State
Colorado
Well,

IMHO...You fulfilled your obligation when you did the first appraisal..Unless you get a release from the first company.. you are done. I would let him know first and foremost ..I DO NOT RESPOND TO VERBAL THREATS AND ABUSE. Now if you would like to discuss this in a civil manner I would be more than happy to explain the delay and MY legal obligations to the first lender!
If Second Lender was any kind of Lender.. they should have called you..You should not have to be dealing with the Borrower on this...

Oh... P.S

Whenever I get paid at the door with a check.. I always go to their bank ...if it is local and immediately cash it! They can't stop payment on that now can they! :rofl: :rofl: :rofl:
 
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