Shane Lanham's court case re: a black couple suing him for bias, and him fighting back.

[shrubberyvaluation]

Discovery. You have to surrender them.

I see, I'm not a legal expert, I guess they have to make their case on why they are related to the case. I always thought discovery was for the defense, not the prosecution. Doesn't it go against the 5th amendment? Seems like you could go on a fishing expedition.

 

[shrubberyvaluation]

Definately more variables come into play with GLA than just changing market conditions. I would note that the north part of the community is next to lower income communities where as the heart of Homeland is next to some of the other higher priced residential real estate for Baltimore City which can have an effect. Also the quality of the house can come into play and smaller or larger houses. The GLA adjustment between 500 Sq. Ft to 700 Sq. Ft, could be much higher than from 10,000 SF to 10,200 SF (and most likely there is no market reaction at all here).

 

[jay trotta]

Moreover, the adjustment per square foot in the other appraisals that Defendantscompleted in the Homeland neighborhood was $70, $70, $55, $50, and $50, none of which are sodifferent than the $40 adjustment.

How did the prosecution get other appraisals of his?

Plaintiffs pivoted and presented expert testimony from Junia Howell, asociologist specializing in urban and racial studies. Dr. Howell analyzed 1,996of Defendants’appraisals, and concluded that there is a racialized pattern where the end result of the appraised

If I remember correctly, somewhere along the line (Shane) gave them (IMO-by mistake) to the other side, because he felt he had nothing to hide.

 

[CGinMN]

If I remember correctly, somewhere along the line (Shane) gave them (IMO-by mistake) to the other side, because he felt he had nothing to hide.

Yeah, that’s how I recall it too. Although maybe it’s better to give something freely than be subject to an unduly invasive discovery.

 

[Terrel L. Shields]

I see, I'm not a legal expert, I guess they have to make their case on why they are related to the case. I always thought discovery was for the defense, not the prosecution. Doesn't it go against the 5th amendment? Seems like you could go on a fishing expedition.

Nope. In one case, I was subpoenaed all my appraisals and all my programs I wrote appraisals with and the names of the computers themselves. My lawyer to that quashed to only the report in question.

 

[George Hatch]

Changing the adjustment factor doesn't have that much effect on the outcome, not when compared to using comps of different condition or location. The difference between $40 and $80 @ 600sf is $24k. Not $240k. Moreover, when using an inefficient adjustment factor what that does is open up the range of adjusted value indicators thus prompting for more subjectivity in ranking the subject within the range (when bracketed). The appraiser's judgement basically becomes another adjustment, albeit developed by comparison to the entire dataset instead of to any one sale at a time.

No matter what, unless the data are so similar to each other that they adjust to the same figure the first time, or alternatively we're getting into overfitting the data we're usually using a combination of quantitative and qualitative comparisons in every reconciliation we write.

 

[Elliott]

Some good stuff:

1. "The appraisal process is an art, not a science. Alig v. Quicken Loans Inc., 990 F.3d 782, 803 (4th Cir. 2021) (stating that “home valuation is to some degree an art, not a science; some variability is to be expected”); Midstate Fin. Co. v. Peoples, 587 B.R. 685, 692 (E.D. Tenn. 2018)"

2. "Plaintiffs do not have an appraiser expert to testify that Defendants’ appraisal is unreasonable, does not accurately reflect a reasonable opinion of the market value of Plaintiffs’ home as of June 14, 2021, or that Defendants made errors during the appraisal process. See Ex"

3. “Courts further agree that assessment of fair market value is ‘more art than science.’”); Adler v. Elk Glenn, LLC, 986 F. Supp. 2d 851, 860 (E.D. Kent. 2013) (“Determining the before-and-after value of real estate is an art, not a science."

4. Examining Defendants’ appraisal of Plaintiffs’ home, Plaintiffs’ expert Dr. Howell opinesin several respects that Defendants did not comply with the Uniform Standards of Professional Appraisal Practice (USPAP)4or his practices in other appraisals. Dr. Howell, because she is not an appraiser and does not have the knowledge, education, or training to be an appraiser, should not be permitted to testify as to whether Defendants complied with USPAP or otherwise should have acted differently or made different decisions when performing the appraisal of Plaintiffs’ home. However, when addressing the specific differences, it becomes clear that Plaintiffs cannot rebut the legitimate nondiscriminatory bases for Defendants’ appraisal..."

I hope the PAVE committee reads the Judge's decision, along with TAF and AI.

 

[George Hatch]

Definately more variables come into play with GLA than just changing market conditions. I would note that the north part of the community is next to lower income communities where as the heart of Homeland is next to some of the other higher priced residential real estate for Baltimore City which can have an effect. Also the quality of the house can come into play and smaller or larger houses. The GLA adjustment between 500 Sq. Ft to 700 Sq. Ft, could be much higher than from 10,000 SF to 10,200 SF (and most likely there is no market reaction at all here).

There were a couple of properties with prior sales in their respective sales histories that showed higher pricing previously, which can be compared to the subject's own prior sale. They were priced higher before, too.

 

[Tiffany Gibbons]

Nope. In one case, I was subpoenaed all my appraisals and all my programs I wrote appraisals with and the names of the computers themselves. My lawyer to that quashed to only the report in question.

I agree. I can't believe his attorney didn't do the same.

 

[jay trotta]

I agree. I can't believe his attorney didn't do the same.

Again, if I recall, this is a new attorney, not the original one. I do believe he will have learned from this experience, Not to give up information so freely.