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Update from the Chicken Racketeer

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Terrel L. Shields

Elite Member
Gold Supporting Member
Joined
May 2, 2002
Professional Status
Certified General Appraiser
State
Arkansas
A thousand years ago, the Vikings raped and pillaged my ancestors along the north England Coast. Today the Vikings wear guicci shoes and carry brief cases with class action lawsuits in them.

The legal plodding remains over a lawsuit filed against a poultry company, a bank and yours truly. The gist is the grower claims he was tricked into buying an overpriced property. My lawyer responded to the charges by neatly skewering a number of vague claims. The response from the Tulsa Lawyers was to request the right to "perfect" those claims. The judge ordered those lawyers to be more explicit in their charges against me. So far to our knowledge they have not gained one single person to join their "class action" suit.

They claimed that my appraisal was fraud and that their client "relied upon" that appraisal in making a decision. But they also had to correct the dates which clearly showed that they bought the property Oct. 24, 1996 and I appraised it for the sales price on Oct. 30, 1996 - six days later. I am amazed at the powers of foresight they possess. I wonder how they are going to make the case that their client could have possibly known 6 days before I did what I was going to do.

When I look at the names of the lawyers from T town, I realize that I am gaining much more sympathy for Arab suicide bombers.....

ter
 
Joined
Jan 16, 2002
Professional Status
General Public
State
North Carolina
Terrel

The only possible worse thing that I coulod imagine for you would be for you to recieve a letter from the North Carolina Appraisal Board saying they had opened a complaint file in this matter.

They would probably argue that you put the wrong date on the appraisal just because you knew the lawsuit was coming.

Regards

Tom Hildebrandt GAA
 

David C. Johnson

Senior Member
Joined
Jan 15, 2002
<span style='color:darkblue'>...and the NCAB could easily prove it all too with their very own doctored-up documents!

Say, didn't the NCAB recently propose widening their geographic jurisdiction? -- Maybe not. Probabably just a bad dream.

dcj
_____________

PS. Maybe those Guiccied Tulsa Pin Strips are looking better every day.

PSS. Ter, don't forget plundered. Plunder's perpetually popular -- past, present and puture.

What? "puture"?

Hey, iliteration calls for compromise -- a phorm over phunction kind of thing</span>
 
A

Anonymous

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When you are dismissed from this case you must sue the plaintiffs and their attorneys for your defense costs. You should also ask the judge to impose sanctions. The only way to stop this kind of abuse is to hit them in the pocketbooks.
 

Terrel L. Shields

Elite Member
Gold Supporting Member
Joined
May 2, 2002
Professional Status
Certified General Appraiser
State
Arkansas
Actually we have already asked for legal expenses and time compensation. I also view quite positively that the judge required them to make the charges more explicit. They were really vague. Once they fleshed out the charges, we had something to bite into.

It was very hard to make the case by reading the legalese when the original claim was so flawed (scribners errors, as they call it). It had placed the sale at Oct 24, 1997 and my report at Oct 30, 1996 prior to the sale, but the sale date was Oct 24, 1996. They claim to have relied upon my report to make a decision that they could not have made because neither they or myself would have nor could have known the outcome until at least the 28th when the property was inspected.

I am curious if the State of Arkansas could say anything. The report exceeds the 5 year record keeping requirement. Our game plan if this goes to court in addition to the timeline question is to argue the report complies with USPAP at the time (and it does); it provides all three approaches to value, and therefore cannot be fraud, therefore the borrowers have no case. I will have a USPAP instructor to review it and testify to same.
 
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