Subpoena For A Divorce

[PL1957]

I've always told the attorney who want to subpoena me to go right ahead, but I won't remember squat on the stand. I won't even verify the report is mine, since so many things can be done to modify documents these days ...

On the other hand, if he wants to hire me as an expert to do a retrospective value, I'm always happy to help.

I've never had to comply with the subpoena.

 

[Terrel L. Shields]

If you want a contempt charge, don't answer. You must answer honestly when the judge orders it. USPAP does not trump a real trial judge.

Now you understand why I burn my files after 5 years. I was sued after six years. Nothing to find. I would get a lawyer and squash the subpoena. A. assert privity. The report belongs to the bank. B. too late to burn files C. The report is obsolete and meaningless D. You are being subpoenaed as witness not expert. E. If they insist without acquiring your services, then DON'T LOOK AT IT, unless they subpoena your workfile don't take it, and don't prepare for testimony. My response to every question will be "I've done 1500 appraisals since then, I don't remember, but ..." then trail off in deep thought...."I really cannot be sure this isn't a forged copy..."

This is my first post so give it a rests.

Don't worry about djd, he's just an excitable boy

 

[Meandering]

Fannie Mae will accept the following additional notice or statement when appraisers believe the lender/client is the only intended user:

“The intended user of this appraisal report is the lender/client. The intended use is to evaluate the property that is the subject of this appraisal for a mortgage finance transaction, subject to the stated scope of work, purpose of the appraisal, reporting requirements of this appraisal report form, and definition of market value. No additional intended users are identified by the appraiser.”

Fannie Mae Selling Guide B4-1.2-01: Published March 28, 2017 Appraisal Report Forms and Exhibits

https://www.fanniemae.com/content/guide/selling/b4/1.2/01.html


Boilerplate,

It's not just for Skippy.

.

 

[Michigan CG]

I'm sure the fake poster won't be back. Why doesn't the AF stand up and only allow threads started by documented poster like most other internet forum sites.

Every person who joins this site is vetted by checking their license on the ASC website.

What I find amusing is those who proclaim to charge $250 per hour for court time. I have been involved in multiple litigation assignments and have seen exactly ONE where the appraiser charged $250/hour. Now I am sure that there are many who charge that much and more but the number who actually charge that per hour are few, very few. Some MAI firms charge that for very high-dollar cases and their level of expertise is far beyond that of most appraisers including me.

This is my first post so give it a rests. I was looking for some advise from fellow appraisers that may have been in a similar situation. Sorry I am not the expert you appear to be. Thank you to all the rest of you that gave some insightful responses.

Don't worry about him, welcome to the forum.

I cannot give any better advice, as a person who has done litigation, than Denis.

 

[djd09]

Give it a rest. hahahahaha. How long have you been an appraiser. Did you come to seek legal advice from appraisers. If you can't handle them yourself contact a lawyer.

Assuming you did it on a fannie 1004 form , here is a suggestion, READ limiting condition number 4.

MichCG just picks and chooses what to address in my comments. No surprise there.

 

[glenn walker]

In my opinion the original poster had a legitimate question and he-she should be treated with some decency and respect. The first time someone gets a subpoena it can scare the hell out of you. As far as advice he received some good advice and some poor advice but there was and is no need to beat the guy up.

 

[J Grant]

djd has been engaging in troll like behavior for some time now. If people have a long term pattern of "heckling" others, and not contributing anything, why not suspend posting privileges, at least for a few months, see if they want to return at a better level, or not. We dont' all have to love each other or even like each other, and we certainly are free to disagree with each other. And not every piece of advice will be useful. That said, there are a few individuals here who do little more than attack other posters.

 

[djd09]

What is troll like behavior?

Anyways, there is an ignore button.

Are we still on Alinsky #13?

 

[Michigan CG]

why not suspend posting privileges

Because we are adults and if we suspended posting privileges for anyone who offended anyone there would be few people left. We can all identify the people who don't know what they are talking about, the bloviators, the braggers who write fiction and the idiots.

 

[Mark K]

Its QUASH, people, not SQUASH!!! You QUASH legal motions, ideas, etc. You squash grapes and raccoons in the middle of the road.

To the OP, welcome, and you now know who to ignore and who to listen to.

When in doubt, listen to Denis, he's right about 99% of the time.