Tagged: subpoena

Appraiser Expert Witness Issue 2

Appraiser Expert Witness Issue

Discovery of Draft Expert Witness Reports (Draft Appraisals) in State Court – a Chart Appraiser Michael Brunson, SRA, MNAA, and I recently wrote an article for the Appraisal Institute’s 4th Quarter 2015 edition of Valuation entitled “Getting Ready for Expert Witness Work: 10 Practice Pointers.” One of the pointers is that while the Federal Rules of Civil Procedure (Rule 26) now generally protect a retained expert witness’s draft reports (e.g., draft appraisals) from discovery by the opposing party, appraisers need to understand that if a litigation is pending in state court and thus subject to the state’s rules of civil...

Help I Got a Subpoena! - Errors & Omissions 4

Help I Got a Subpoena!

If you are in business long enough, you will get subpoenaed by someone involved in a dispute that may not even involve you. A subpoena is technically a court order compelling you to appear and testify or to produce records or both. If you are actually involved in the dispute as the plaintiff or defendant, your duty to comply with the subpoena is generally very clear and mandatory. However, when you are not the plaintiff or defendant, complying blindly with a subpoena without asking any questions may not be in your best interest. As a non-party, a subpoena may be...

Court Won’t Unseal Files on Washington Mutual Appraisal Scheme 0

Court Won’t Unseal Files on Washington Mutual Appraisal Scheme

A federal judge said he will not unseal files related to an alleged appraisal rigging scheme that Washington Mutual launched in an effort to favor mortgage lenders just before the 2008 market crash, Courthouse News Service reported Dec. 3. The case involves a federal class action suit launched in 2008 in San Jose, California, by Felton Spears Jr. and Sidney Sholl who claimed that Washington Mutual, Lender’s Service Inc. and appraisal management firm First American eAppraiseIT colluded in 2006 to create inflated mortgage-loan appraisals that allowed the bank to sell aggregated security interests in the properties at inflated prices. At...

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I Can’t Talk About This Appraisal Even if They Waterboard Me!

Anyone who appraises real property long enough stands a decent chance of being swept up in a divorce. Someone else’s. There you are, minding your own business…opening the snail mail in hopes that your clients have finally sent those checks when… A subpoena pops out accompanied by a check for some chump-change amount. What you discover is a subpoena originating from a law firm you never heard of…about a couple getting divorced whose name is unfamiliar…but the property address looks vaguely familiar. Of course! You appraised this house in 2012…for a refi. But now some strange lawyer wants you to bring this dusty refi report to court with you…next Tuesday! Upon receiving a subpoena the natural first reaction for many...

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