Category: E&O

UAD 3.6 and the Danger of Corporate Pragmatism 59

UAD 3.6 and the Danger of Corporate Pragmatism

The rollout of the new UAD 3.6 framework has triggered a major wave of compliance literature, and a perfect example is a recent article by Woody Fincham at Valuation Nation, titled “Certification 25: What’s the Real Risk to the Appraiser?”. In his piece, Woody sets aside the rhetoric and lists my AppraisersBlogs article regarding our legal defenses under this dataset as a citation reference at the end of his post. While he acknowledges the existence of this perspective, his broader argument claims that the legal risks of signing Certification 25 are low, the threat of regulatory discipline is minimal, and...

Inspectors Blocked the Door, Appraisers Handed Over the Keys 38

Inspectors Blocked the Door, Appraisers Handed Over the Keys

A fellow appraiser dropped a direct message in my inbox with a link to home inspector Preston Kincaid’s Facebook video, and watching him warn the public sent a chill through me because his words mirrored the exact warnings I have been shouting about our own appraisal profession. To understand the shock, you first need to know what Spectora is and how home inspectors work. Spectora is the dominant cloud software platform used by roughly 7,000 independent home inspectors across the country to draft, format, and deliver digital property inspection reports. By law and standard contract, home inspectors operate under strict...

UAD 3.6 Erases My Legal Defenses: Insurance Industry Agrees 38

UAD 3.6 Erases My Legal Defenses: Insurance Industry Agrees

The insurance industry just verified the erasure of my legal defenses under UAD 3.6. The corporate apologists and tech insiders have spent weeks trying to downplay the Certification 25 confidentiality crisis. They’ve lined up to tell independent appraisers that the new language is just a passive weather report, a routine disclosure, or an innocent acknowledgement of a reality that has existed for many years. But the ultimate reality check just arrived from the very people who calculate risk for a living, and it completely blows the corporate defense strategy out of the water. Isaac Peck, Publisher of Working RE Magazine...

FOIA, AI, & the Appraiser’s Defense: A Blueprint for Fighting Back 25

FOIA, AI, & the Appraiser’s Defense: A Blueprint for Fighting Back

Targeted under the guise of equity, I faced baseless accusations with no due process — until I used FOIA, uncovered the truth, and turned the tables. But I had a secret weapon: I used artificial intelligence. For decades, appraisers have worked in silence, held hostage by regulations, scrutiny, and — recently — false narratives of systemic racism. When the Biden administration launched the PAVE Initiative, it claimed to champion equity in housing. But behind the curtain, it became a political tool. The result? Appraisers like me were targeted based on ZIP codes, stripped of due process, and labeled racist —...

Uncovering Flaws in FHA Appraisal & Loan Review Process 44

Uncovering Flaws in FHA Appraisal & Loan Review Process

The story of this single mother’s harrowing experience with a defective home purchase and HUD’s negligent oversight exposes deep flaws in the FHA appraisal and loan review process. After sacrificing for years to rebuild her credit and earn the right to become a homeowner, this borrower found her dream home in the country – or so she thought. During the home inspection, several issues were flagged. The seller, an investor who had purchased the home in an estate sale, was unaware of the septic system’s location. The seller agreed to have the tanks pumped so the location could be determined....

Shane Lanham Countersuing Black Homeowners for Defamation 31

Shane Lanham Countersuing Black Homeowners for Defamation

Shane Lanham, a Maryland appraiser, has found himself in a difficult situation as he is being sued in The United States District Court of Maryland. However, he is not backing down and fully intends to fight these allegations through trial. In addition, he is countersuing the accusers for defamation and seeking $500,000 in damages. Lanham firmly believes that the accusations of racism against him are baseless and he has engaged a consultant with significant experience in handling such cases. To ensure he has the best chance of success, Mr. Lanham has engaged a consultant with extensive experience in similar cases....

Fannie Mae Filed a Complaint Against Me 39

Fannie Mae Filed a Complaint Against Me

An appraiser shared the following with us which was posted on one of the appraisers’ groups. Fannie Mae filed a complaint against me with my state appraisal board. Here’s what happened. The Report In June of 2021, I completed an appraisal for a conventional purchase. The appraisal was ordered by an AMC on behalf of a lender. At that time, the real estate market was still being wildly affected by the COVID pandemic. Remote work was in full swing, and consumers were desperately seeking to get out of the cities. Prices for all types of residential properties were rising rapidly,...

AMC Fee Impact on Appraisal Fee 78

AMC Fee Impact on Appraisal Fee

While the borrower was charged $695 for the appraisal, the appraiser was only paid $301. The AMC fee was $394.  We often hear complaints from GSEs and lenders that appraisal fees are too high, hence the push for modernization. Yet they fail to acknowledge that this is due to an overly bloated middleman – the appraisal management company (AMC). As a consumer, you should be aware of the potential for being fleeced on appraisal fees. It’s possible that you could be paying more than double what the appraiser is receiving for actually doing the work, with the excess going to...

The New & Improved Fannie Mae FRAUDULATOR 2.0 42

The New & Improved Fannie Mae “FRAUDULATOR 2.0”

Originally known as Fannie Mae’s Collateral Underwriter (CU), and subsequently Collateral Underwriter 2.0 (CU-2)i this always dubious product of Fannie Mae is increasingly being referred to by some, if not many American Appraisers as The Fraudulator / Underwriter 2.0 (FU-2). To be clear it is not limited to the Collateral Underwriter (CU & CU-2) software. The new Fraudulator (FU-2) combines the CU products with their numerous improper uses. The end result of which includes OUTRIGHT FRAUD being perpetrated against banks via the repurchase letters Fannie Mae now issues on a quota based system rather than because of legitimate appraisal defects....

Lender Liability for a Negligent Appraisal? 12

Lender Liability for a Negligent Appraisal?

Does a mortgage lender have liability to the borrower for a negligent appraisal?  As residential property prices plateau or decline in various markets and as borrowers have financial problems with fewer financing options, there are more legal claims being filed by borrowers against appraisers and lenders in relation to appraisals for loans made in recent years. Essentially, the cases are situations of “buyer-borrower remorse.” Leaving aside the appraiser’s potential liability, does a mortgage lender have liability to the borrower for a negligent appraisal? An Ohio appellate court recently said “no.” It ruled that the lender did not owe the borrower...