Dan Umstead
Senior Member
- Joined
- May 26, 2006
- Professional Status
- Certified Residential Appraiser
- State
- Georgia
Is the property in Buckhead? Who is the lender?
These material errors will cost us our refinancing, and our damages are not insignificant.
ETA - These series of errors in aggregate seem to violate Standards Rule 1-1 (c), which states "a series of errors, in the aggregate, affects the credibility of those results." I really don't want to pursue this route, but our hands are tied right now.
You have written a very detailed summary of your situation, which I understand and believe you have valid points to be very unsatisfied. I myself, even though I am an appraiser, have experienced some of the same items which you describe. You do have options which are very powerful.
It is obvious that you have evidence of factual errors, which are being ignored by the appraiser. My first suggestion would be to completely clarify in as much detail as possible what happened in each error of the appraisal, and explain why that was wrong and what it should have been. That may be beyond your scope of expertise to fully implement, however you don't have to pin point things to an exact degree, at this point.
Armed with specific information like that, I would have that submitted to the appraiser, along with a very direct statement that his response, or lack thereof, will be turned into the State Board as a formal complaint, which he WILL have to answer to. Trust me, that will be a wake up call and get his attention.
If you still have no progress, or unsatisfactory progress, go to the final step, and file a formal complaint against the State Board that governs appraisers in your area.
I would also inform the lender that they too will be mentioned in the complaint, and may (or may not) be joined as a party to the complaint.
What you are hoping for is a fast and efficient resolution to this matter, which you should have following this course of action. Speaking for myself, I would never let things progress to the state that they are now in - but there may be reasons for that. Perhaps there was a death in the family, or the appraiser himself has suffered something has has prevented him from answering. I try to give people the benefit of the doubt. That has actually happened to me in the past, although not being able to reach me did not result in a problem of any sort - but it certainly could have.
Good luck. I completely understand that this is a serious issue for you, and I hope that my suggestions may help fill in the blanks as to what options you have. You are far from helpless and powerless in this situation. On the contrary, having the state to investigate this on your behalf should be enough, in and of itself, to warrant immediate attention on the part of any appraiser. Their power over appraisers is absolute, and usually somewhat severe.
I do not think you are being unreasonable at all in your requests for explanations, and certainly deserve a professional response to your concerns.
Please keep us posted as to the developments in this situation.
What was the appraiser's license level?
Ask for an ROV (reconsideration of value) and submit any sales you believe are relevant to the lender.
I agree with JG. Take your salient comments in the OP, include your comps (ensure that they are actually comparable to your home), send them to the lender, and request a ROV.
If what you claim in your post is accurate and you end up with a higher rate that costs you a significant amount of $$, personally, my next step would be to see a good attorney. I'd let either the appraiser or his E&O company pay for your future, higher financing costs.
We all make mistakes. Making that number of errors in one report is either laziness or incompetence. Refusing to reconsider them or correct the errors is arrogance.
They have a legal name for people like that; they're called Defendants.
Is the property in Buckhead? Who is the lender?
In an effort of full discloser, I am not an appraiser. We recently had an appraisal done in conjunction with a refinance on our current home. When we received the appraisal, we extremely surprised by our appraised value. Our home has been appraised several times in the past 3 years, and this particular appraisal was at least $200,000 lower than any of the other appraisals. This has put our refinance in jeopardy.
While I am sure that customers being upset with an appraised value is nothing new, we have serious concerns about the validity of the underlying data. Here are just a few examples of errors contained in the appraisal:
1) Appraiser incorrectly listed the number of bedrooms and bathrooms in subject property. All bedrooms and bathrooms were photographed by appraiser and are above grade.
2) Subject property has approximately 100 square feet of finished basement. Although the appraiser measured this area and photographed it, it is not included in the valuation of subject property. All other properties are given a credit for their finished basement square footage.
3) The appraiser overstated the square footage of one of the comparable homes in the original appraisal by 1,800 square feet. He adjusted the square footage and the value of that comparable by $72,000. However, no adjustment was made to the value of the subject home to reflect this material error. Is it normal to adjust one comparable property due to a factual error and not adjust the subject property as well?
4) Appraiser makes comments such as, "There are no suitable comps within the past 6 months within subject's neighborhood so I was forced to consider sales outside of this time frame." There were at least 10 homes that sold within this time period in the neighborhood (as defined by the appraiser), but the appraiser has refused to consider those and won't give a reason. He still has that language included in the appraisal despite being provided with the numerous examples to the contrary.
5) As in #4, he states that he was unable to find any comparable homes within 25% GLA of subject property so he was forced to consider homes outside of that. One home was 60% GLA of the subject property. Once again, there are homes that meet that criteria in the neighborhood as defined by the appraiser. Appraiser will not comment on why he won't consider those.
6) As with #4/5, the appraiser states that there are no homes within a 1 mile radius so he must expand the search area. There are plenty of comparable sales within the 1 mile radius. Appraiser will not comment on why he will not consider those.
7) Appraiser states that the highest sales value in the "neighborhood" is $849,000, but there have been recent sales of comparable homes as high as $1,600,000. Once again these sales occurred in the neighborhood as defined by the appraiser.
We are not asking the appraiser to pick new comps (we would obviously prefer that he pick comps that are within 25% GLA, less than 1 mile from our home, and the most recent sales... I just think that these are better comps, but in some ways that is neither here nor there), but he refuses to fix the factual errors. We obviously cannot ask for a certain value (I firmly believe that the appraised value is a 20%-30% error... aside from the market conditions in the area, all of our other appraisals have come in our expected range). Any advice from the other side? These material errors will cost us our refinancing, and our damages are not insignificant.
ETA - These series of errors in aggregate seem to violate Standards Rule 1-1 (c), which states "a series of errors, in the aggregate, affects the credibility of those results." I really don't want to pursue this route, but our hands are tied right now.