statute of limitations - Appraisers Blogs

False Claims of Racism Against Appraiser

Guest Author — Mon, 22 Jan 2024 13:30:08 +0000

…my career, business, and health at risk due to false claims made by a homeowner. As a professional real estate appraiser with many years of experience, I have seen my fair share of disputes between homeowners and appraisers. However, the situation I am about to share with you is one that has left me shocked and appalled. It is a story of false claims, intentional infliction of emotional distress, and the damaging effects of a homeowner’s actions on an appraiser’s career, business, and health. It all started when I appraised a veteran’s home for a potential refinance. From the very...

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Limitations for Damages Against Appraisers

VaCAP Board — Tue, 09 Jan 2024 13:30:33 +0000

Why would any damages against an appraiser be more than the actual fee paid to the appraiser? House Bill 53 has been introduced into the 2024 Virginia General Assembly, directly impacting Virginia Real Estate Appraisers. The legislation introduced by R. Lee Ware places a statute of limitations for damages against appraisers and appraisal management companies at 5 years. SUMMARY AS INTRODUCED: Actions against real estate appraisers or appraisal management companies; statute of limitations. Provides that no action for damages or other relief alleging that a certified general real estate appraiser, a certified residential real estate appraiser, a licensed residential real...

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Lender Seeks to Overturn NY Appraiser-Friendly Statute of Limitations Law

Peter Christensen — Mon, 02 Mar 2020 13:30:03 +0000

Sharestates operates a crowdfunding platform that provides alternative mortgage lending secured by both residential and commercial real estate. Over the last 10 years, it has reported average annual returns for loan investors ranging from 9.24% to 11.02%. With returns like these, there is likely some loan risk – and Sharestates reports a current foreclosure rate of 2.44%. Following several of its foreclosures, Sharestates has filed professional negligence cases against about a dozen defendant appraisers, appraisal firms and appraisal management companies, blaming the loan losses on inflated appraisals. Last year, it lost one of those cases in a Nassau County, New...

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Beware of Appraiser Karma – Llano Cases

Peter Christensen — Wed, 14 Oct 2015 12:30:44 +0000

In our world of claims involving appraisers, we quite often see different versions of this same story — in this version of the story, an appraiser did a review appraisal that was used by Savant LG in a currently pending case against another appraiser in Florida. Just months later, that appraiser found himself named as a defendant in a lawsuit filed...

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Ganter Brothers Versus Appraisers

Brian L. Trotrier — Tue, 15 Sep 2015 12:30:57 +0000

It’s been a few months since we issued our last update on our friends (and yours) the Ganter brothers (Chris and Ben). The Ganters have suffered what for most people would be a series of embarrassing setbacks in their blatant attempts to use the legal system to pressure appraisers and/or their E&O carriers into paying off what we view as frivolous claims to save the cost of litigating the underlying dispute. For those of you who are reading this for the first time, we have issued two other alerts about this in the past 18 months. Links to the earlier...

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House Bill 651 Another Win for Appraisers!

AppraisersBlogs — Mon, 03 Aug 2015 12:30:15 +0000

House Bill 651: Appraisal Board Recordkeeping and Background Checks Raleigh, NC – Today Rep. Jon Hardister (R-Guilford) passed House Bill HB 651 – Appraisal Board Recordkeeping and Background Checks – which provides regulatory relief for the real estate appraisal industry. House Bill 651 eliminates the discovery rule for civil action related to real estate appraisals and establishes a five year statute of limitations, which puts North Carolina in line with the United States Standards of Professional Appraisal Practice. This will reduce insurance and compliance costs for real estate appraisers, many of which are small businesses and independent contractors. The bill...

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Statute of Limitations Against an Appraiser

AppraisersBlogs — Tue, 01 Oct 2013 12:30:26 +0000

The Statute of Limitations for a Claim Against an Appraiser Why You Should Keep Your Workfile for 7 to 8 Years In 2013, many lawsuits against both residential and commercial appraisers continue to relate to appraisals performed years ago at the peak of the real estate price bubble, 2005 to mid-2008. These lawsuits are filed by borrowers, lenders, investors or the FDIC and typically allege that an appraiser’s inflated value resulted in the plaintiff borrowing, paying or loaning too much money. The plaintiff blames its loss on the appraiser and sues for damages. When reporting a claim like this to...

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Suggestions for Real Appraisal Reform

Brian L. Trotrier — Thu, 01 Aug 2013 12:30:20 +0000

As a risk management firm which has been serving real estate appraisers for over 20 years, we are in a relatively unique position in terms of offering suggestions how to improve the current residential real estate appraisal process. To offer some perspective, during our history we have had close to 20,000 appraisers as members of our risk management family and we have been actively involved in the resolution of close to 2000 claims brought against appraisers, both inside and outside of the courtroom. Furthermore, our management team has been around long enough to witness not only the most recent collapse...

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When the FDIC Comes A’ Knockin’

Brian L. Trotrier — Tue, 02 Jul 2013 12:30:02 +0000

The implosion of the real estate bubble reverberated across the American landscape. Neither residential nor commercial markets were spared. This implosion not only had a very palpable effect on the economy, but on the political debate of this nation as well. That political debate—as it seems is often the case—has turned to finger-pointing. Those fingers have now curled up into a fist, and that fist is now knocking on the doors of appraisers across the country. In the aftermath of the economic downturn, many banks were taken over by the Federal Deposit Insurance Corporation (FDIC) after their balance sheets dived...

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Another Overtime Class Action Filed Against an AMC

Peter Christensen — Wed, 17 Apr 2013 12:30:08 +0000

A lawsuit filed last week by a former staff appraiser against LandSafe Appraisal Services, Inc. exemplifies the overtime liability risk faced by many appraisal firms and appraisal management companies. In February, I wrote that overtime lawsuits by appraisers present a genuine liability risk to appraisal firms and AMCs. In that article, I explained some of the special issues relating to whether appraisers properly can be treated as “exempt” employees for purposes of overtime compensation. The real-world risk to an appraisal firm or AMC is that a staff appraiser will file a legal action alleging that he or she worked more...

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Court Evidence & Your Workfile

Guest Author — Fri, 08 Mar 2013 12:30:41 +0000

How a Few Key Items in your Work File Can Protect You in Court I used to work with someone who had a photographic memory. Most of us are not so lucky, and have to rely on our imperfect memories and good note-taking skills. As an attorney, I document everything. I handle hundreds of cases, and without good documentation I will not remember what I did on a particular day or what support I had for a particular theory. As an appraiser, your work file is your documentation. Not only is a work file a USPAP requirement1, it can help...

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Seven Cases the Defendant Appraisers Won Based on Expiration of the Statute of Limitations

Peter Christensen — Fri, 02 Nov 2012 12:30:06 +0000

I am biased in favor of defendant appraisers. I always root for the defense, even if it’s one appraiser suing another appraiser (as in one case below). Defense is our business. Here, are seven cases where the defendant appraisers won based on a statute of limitations defense. That means even if there was something wrong with the appraisal at issue, the defense counsel still won the case. So, you have to give the credit to the defense counsel. That’s not to say there really was a problem with the appraisal in each case below — it just didn’t matter if...

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Top to Bottom: Complaint Primer

IDFPR Board — Wed, 04 Apr 2012 15:15:27 +0000

“Why don’t you write about the complaint process from start to finish?” Howard Richter, MAI of IACREA made a great suggestion for an article. “Why don’t you write about the complaint process from start to finish?” Okay, Howard. Let’s do it! Whether complaints come from homeowners, lenders, AMCs, other government entities, they all find their way to my desk via Complaint Intake. The two-page complaint form is on-line and was designed to make it easy for the complainant and for the Department to get to the heart of the problem. Complaints come in all shapes and sizes. Some are vague...

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The 8 Biggest Appraiser Liability Cases in the U.S.

Peter Christensen — Fri, 23 Mar 2012 12:00:40 +0000

I have described below the 8 biggest appraiser liability cases with which I am familiar that are currently pending in the U.S. These are cases that specifically name appraisers, appraisal firms or appraisal management companies as defendants. That’s an important distinction because the appraisal industry has been fortunate that only a small fraction of litigation about financial losses blamed on appraisal deficiencies actually names any appraisal defendants. Yet, the stakes below are very significant for the appraisal industry because the realistic measure of damages at issue in just these 8 cases — not the plaintiffs’ puffed-up alleged damages — is...

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What is the Statute of Limitations for a Lawsuit Against an Appraiser in my State?

Peter Christensen — Fri, 24 Feb 2012 12:00:37 +0000

The statute of limitations period for a professional negligence claim against an appraiser ranges from 10 years in one particular New England state down to 1 year in a certain Southern state. Application of the “discovery rule” also varies widely. In 2012, most lawsuits against both residential and commercial appraisers continue to relate to appraisals performed at or near the peak of the real estate price bubble, 2004 to mid-2008. Appraisers dragged into these claims often ask us about the relevant statutes of limitations. The question is usually something like: “I did the appraisal in 2005, more than five years...

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