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Sanity Check Request - High-Value Property in Foreclosure w/ Bank, Appraisal Discrepancies & Qs

warez

Freshman Member
Joined
Sep 8, 2025
Professional Status
Banking/Mortgage Industry
State
Connecticut
Hello everyone,

Happy New Years. I'm hoping to get some professional perspective on a situation I'm navigating with my parents. I'm their son, and I've been trying to help them through what has become a complicated foreclosure situation, partly to take the stress off them, and partly because I want to make sure we're not missing something obvious before we proceed.

I understand this forum is for general informational purposes about appraisals and not legal advice. We are represented by legal counsel. I'm simply hoping practicing appraisers can help me understand whether some things I've observed are normal industry practice or genuinely unusual.

Background (keeping details general for privacy):

This involves a high-value waterfront property in an affluent northeastern town. We're at the stage of a "foreclosure by sale" proceeding, where the court determines fair market value, what's owed, and how long the property should be marketed before any public auction. For those unfamiliar, this differs from a "strict foreclosure" (where the lender takes title directly after a law day) or a "short sale" (where the property is sold for less than the debt owed with lender approval). In a foreclosure by sale, the property goes to public auction, and any proceeds above the debt go to the homeowner, so getting the value and marketing time right matters enormously.

Our goal is straightforward: sell the property, through a private sale before the court-determined sale/auction date. We had an offer at asking, but just fell through in contract phase. We're working earnestly toward that. But given the property's price point, waterfront location, and the inherent complexities (elevation certificates, wetlands considerations, zoning restrictions), the buyer pool is limited. Based on CMA data from a reputable brokerage and my own research, properties in this immediate area have averaged approximately 300 days on market over the last five years, with over 60% taking longer than 90 days to sell.

Foreclosures by Sale are typically a 3-4 month process. Once the foreclosure-by-sale process reaches its late stages, a sign goes up roughly six weeks before the public auction date. This complicates matters significantly because it steers away end-user buyers, undermines value perception, and attracts lowball investor offers. So getting adequate marketing time established before that happens is very helpful. The state I am in is home-owner friendly, and its very important to the courts that home-owners are able to capture the equity in their home if there is equity (fortunately, there is.)

The Appraisal Situation - Where I'm Looking for a Sanity Check:

We've now seen several appraisals conducted over the past year, and there are some things that strike me as unusual. I'd appreciate your professional opinions on whether these are red flags or simply how things work.

1. A Significant Value Drop in About Five Months, With No Explanation

Unbeknownst to us until recently - the lender obtained an appraisal in early spring 2025 ("Spring Appraisal") that came in at approximately $12 million. Then, roughly five months later, a different appraiser completed an appraisal in early fall ("Fall Appraisal") at $9.5 million, a drop of nearly $2.5 million, or about 20%.

Both appraisals indicated "stable" market conditions. The Spring Appraisal's market addendum actually showed median comparable sale prices increasing. There's been no material deterioration to the property. If anything, we've made improvements to ensure it shows well and has no surprise issues for buyers. Yet the Fall Appraisal, the lower one, is the valuation being presented to the court as fair market value.

2. Two Appraisals Disclosed on the Same Day

Both the Spring Appraisal ($12M) and the Fall Appraisal ($9.5M) were uploaded to the court docket on the same day in late fall 2025, even though they were completed more than five months apart. In this state's foreclosure proceedings, appraisals cannot be older than 120 days. I understand there may be procedural reasons for this, but the timing struck me as curious. It's not in the bank's interest to have high FMV. But they provided an appraisal (possibly by accident, or maybe to get ahead of not disclosing it originally - I have no idea.)

3. "Client-Assigned" Exposure Time Language

The Fall Appraisal contains this statement in the USPAP Compliance Addendum:

"Assignment conditions call for a value based on a 90-120 day exposure time... At the request of the client, the subject's exposure statement per assignment conditions is following: The subject's exposure time, if priced within a reasonable range of the appraised value would be within 90-120 days."

This stood out to me. My understanding, and please correct me if I'm wrong, is that exposure time is supposed to be the appraiser's independent opinion based on market data, not something the client assigns. The actual market data shows properties in this area average around 300 days on market, not 90-120 days. Is language like "at the request of the client" and "per assignment conditions" typical, or does it suggest something I should be concerned about?

4. Same Appraiser, Same Property, Three Times in Three Years

The Fall Appraiser disclosed in their report that they had appraised this same property three times in the last three years for the same lender. Those earlier appraisals were never submitted to the court, only this most recent, lower one was. (Which, on a side note: untangling what the lender may have charged us for, for multiple appraisals that we haven't seen is a whole other can of worms.) I've read that repeated engagements by the same client on the same property aren't necessarily a USPAP violation (and its appropriate and adheres to standards to disclose those facts), but can create concerns about independence. I'm curious what practicing appraisers think about this pattern with a lender as client. To be clear, I'm not casting judgment. I genuinely don't know if this is standard practice or something unusual.


5. Exterior-Only Inspections When Interior Access Was Available

Both the Spring and Fall Appraisals used exterior-only ("drive-by") inspection methodology. However, a different appraisal conducted in summer 2025 we commissioned, held interior access during that same period. The property has waterfront features and amenities that would seem to warrant interior inspection for a property at this price point. Is it common to use exterior-only methodology when interior access is readily available?

If interested, I can cite the relevant guidance or standards as it relates to USPAP for the issues above, but don't want to distract too much by getting technical on matters above my paygrade.

6. Maybe some concerns about the comps selected in the most recent appraisal. I'm no expert.

My ask to you all:

I've consulted way too much AI to help me organize my thoughts and research But AI has a habit of telling you what you want to hear, or at least what it thinks you want to hear. So I'm coming to you all, the professionals who do this work every day, for an old-fashioned human to human gut-check.
I'm not looking for legal advice or trying to bash anyone's reputation or impugn integrity. I'm just trying to navigate a stressful situation and make sure we understand what's normal versus what might warrant further scrutiny.

If you've read this far, thank you. I was so nervous to write this hah. Any insight, perspective, or even a "you're overthinking this" would be genuinely appreciated. If you have questions, I am more than happy to get into certain specifics as best I can. Thanks.

Respectfully,
Guy
 
1- Markets change with time. Sometimes significantly in relatively short periods. Price and value are not the same things. Appraisals are opinions. It shouldn't surprise anyone if two different appraisers have different opinions about the value of a property.

2- There could have been any number appraisals with the same effective date. There doesn't seem to be a question there.

3- There are different types of value. When the Client specifies a marketing/exposure time that is less than typical for the market, the appraiser is providing an opinion of 'Liguidation Value'. That's often used in foreclosure situations and the value conclusion is often different that if market value were reported. If you want to sell something faster, you lower the price.

4- Firstly, Lenders don't have to comply with USPAP... Appraisers do. There is nothing in USPAP that probihits an appraiser from appraising the same property multiple times. USPAP does require the appraiser to disclose his/her prior services regarding the subject property.

5- Typically, the Client specifies the level of inspection needed for the appraisal assignment at hand. The appraiser formulates the Scope of Work which includes deciding whether the requested level of inspection is adequate to provide credible assignment results.

6- Since you are already in foreclosure, the court is in control. There may be a procedure for you to dispute the valuation. You'll need to ask your lawyer or the court.
 
I can not give you legal advice, but it sounds like your family may have lost the right to legally sell the property. Imo, you might want to consider referring the buyer to the lender and have the buyer purchase the house through the lender. If this buyer offers more than it is appraised for, I doubt the lender would turn a higher offer down!


Usually, my understanding is that if the lender sells the house for an amount higher than what is owed ( after mortgage and liens are paid off, ) the prior owners of the home get paid the difference - the bank does not keep it. But that is a rough assumption on my part, and since you have legal counsel, you should consult with them on it.
 
IDK your bank but lenders can handle foreclosures differently. An auction is not the only way to sell them. Lenders place properties on the market as an REO with RE agents too - but you will have no control over that - just saying.
 
AI- Yes, the former homeowner generally gets the "overage" or surplus funds in a foreclosure if the property sells for more than the mortgage debt and foreclosure costs, but they must actively claim it by proving ownership and filing the correct paperwork with the court or trustee, as these funds are not automatically sent to them. After paying off the mortgage and foreclosure expenses, any remaining proceeds (the surplus) belong to the prior owner, but subordinate liens or judgments might also have claims, so it's crucial to follow state-specific procedures.

Mu comment - with an REO, some lenders take bids for a certain amount of time and sell to the highest offer. Even if, for some reason, you could sell it privately, you would still have to pay off the liens and mortgage. IMO, the best bet is put this buyer's offer to the lender through your attorney, and if the bank accepts it (or any higher offer they get ), your family will keep the overage.
 
Okay, so you don't know the appraisal the lender provided to the court. You are saying there is equity. Is there a way your parents could refinance with another lender and pay the current lender off?
 
How far behind are your parents on the mortgage payments? Is it possible for them to pay the mortgage payments on a new mortgage?

I don't know. If there is equity, then your parents may not owe anything after the foreclosure if the lender can recover legal fees and mortgage amount and whatever like taxes/insurance.

Are there any other liens on the subject besides the lender your parents owe?

I am telling you bankruptcy may be a possibility for your parents since you have a lawyer.
 
Lenders ordering "drive-by" appraisals in this situation is a common practice. However, on a high-end property, an appraiser really needs to get inside so they can get a close look at the building materials, quality and condition in order to establish a more accurate value. An interview with the owner is always helpful too, as they have knowledge of all the nuances with the building components i.e. Brazilian Cherry Wood vs stained pine, computerized house control systems, upgrades, maintenance, etc.. It may be worth the investment to hire your own appraiser and see where you really are on the value so you can make executive decisions.

The other issue is not all appraisers are created equal. Some have far more experience than others on the nuances of high-end properties. Unfortunately, you don't get to choose appraisers.

In this instance (this is not legal advice), I believe your best bet is a "fire sale". Right now, the legal fees are accumulating that the lender will be charging you for, with more to come as this progresses within their internal processes. If you still have the right to sell the property, I would list it priced for a fast sale. The lender will "fee you to death" if it goes thru the whole foreclosure process; and the legal fees you will be paying to your own legal counsel will also accumulate as you try to recoup any of the equity you mention. As with any legal battle, the only true winners are the attorneys!!
 
Paying a private attorney can cost more than just letting it happen - and the stress etc for an outcome that might not change no matter what. JMO.
 
The Fall Appraiser disclosed in their report that they had appraised this same property three times in the last three years for the same lender.

I have a couple clients that I perform similar services, including appraising the same house (driveby) up to 6 times a year.

You have to realize the 'intended use' and 'intended user'. I, as a local market appraiser, know the subject's neighborhood and understand the specific market trends, and see fluctuations in value both up and down. The property owner is not paying their mortgage and the client wants to know the current condition and current market value while they process the foreclosure.

My 'two cents' on spring vs fall values on waterfront properties; sure is easier to sell for a higher price in the spring than the fall, just like convertible cars.
 
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