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Things never change- potential Occupancy Fraud?

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I don't believe it is the appraisers job to verify occupancy.

Correct. Report what you see/observe and be done with it. It isn't the appraiser's job to determine if the homeowner is lying or not. It is the appraiser's job to determine HBU, condition and market value.
 
Agree with Kevin, I've had dozens of "Appraiser to verify occupancy" requests. Appraiser cannot verify occupancy unless they intercept the US Mail or provide survelance on the property, How much would you pay me for that? U/W
 
Well based on the recent rental offerings of the subject and the tenant completed property condition form on the counter, there is a good chance there is an exsisting lease on the subject. I indicated what the owner said as to being the occupant and the clients verification, disclosed the recent rental offerings and assume there is no exsisting lease on the property as of the effective date of appraisal as indicated by the owner and the property rights being appraised are the Fee Simple interest, unencumbered by lease. Occupancy does not effect value, however a lease may and would effect the interest being appraised which in turn could effect the indication of value.
 
Well based on the recent rental offerings of the subject and the tenant completed property condition form on the counter, there is a good chance there is an exsisting lease on the subject. I indicated what the owner said as to being the occupant and the clients verification, disclosed the recent rental offerings and assume there is no exsisting lease on the property as of the effective date of appraisal as indicated by the owner and the property rights being appraised are the Fee Simple interest, unencumbered by lease. Occupancy does not effect value, however a lease may and would effect the interest being appraised which in turn could effect the indication of value.

Thats what I have been looking for! Someone to say the possibility of a leasehold estate exist. Generally speaking in the law of the land the bank could foreclose, but they could not kick the tenants out till there lease expired.

So if there is a leasehold estate then you could not make the appraisal Fee Simple 'AS-IS'.
 
Leased fee estate -- but unless leased well below market and/or L - O - N - G term lease,
Market Value should be close to unleased property
 
Yes, great guidance there.

But one cannot help but feel for the consumer who is potentially doing something very risky with potentially poor advisement.

Imagining myself as a mortgage banker, if an appraiser informed me a borrower was potentially making a loan as owner, when in fact the home was leased, I'd surely advise the borrower to adjust insurance at the very least. There may be a tough call there because an MB could lose the deal if they tell the borrower they must participate in the other loan program which requires more commitment or down, etc. Still, I can't imagine myself letting that borrower put themselves into a risky position like that, just to close a deal.

I'm still interested in learning more related to how the state of insurance effects the deal, closing, and at what levels insurance alteration is available, and at what level it may be tied to the loan.

I suppose it's a good idea to learn much more about insurance, so I can chat about the various insurance and risk difficulties related to occupancy. You know something like: "If you were to use this property as a rental in the future you surely would want to adjust your coverage." Also I would have some stories of other homeowners in worst case scenarios who did not do that, and how large their uninsured repair figures were.

Delta, thank you. Back to basics is where many complex scenarios lead to. Observe and report - full documentation. Fully transparent and disclosed chain of information keeps the appraiser covered. It's been a while since I've had to include report content about lender communications, but occasionally that may be necessary. Usually communication notes are about homeowner, Realtor, or notes about me informing the homeowner about preventative measures for home safety, that sort of stuff.
 
Unless you ask for ID and proof of the occupant as to who they are and what they are doing at the house, do you really ever know WHO occupies the home. No you don't. Why should this situation be any different. Personally who the heck cares who is living in the house. It has NO EFFECT on the VALUE of the house. If this house is owner occupied and the neighbors house is tenant occupied, apple to apple other than occupancy, is one worth more than the other? NOPE. Call it owner occupied with a note that it is the lenders responsibility to verify occupancy on the effective date of the appraisal.
 
Call it owner occupied with a note that it is the lenders responsibility to verify occupancy on the effective date of the appraisal.
Golden - will do in the future. Thanks
 
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