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Dawn H | Who is responsible for a fraudulent appraisal? |
Our mortgage was approved based on a fraudulent appraisal. We signed the note believing we had 50 thousand in equity, now we find out that we actually owe more on the home than it is worth. Does anyone know of a lawsuit that has gone in favor of the homeowner in this circumstance? I believe the broker shoud be held responsible, as they are the ones that hired the appraiser, who, by the way, is not allowed to renew his license due to another case of fraud.
Additional Details
appraisal saying home is worth 185 thousand, new appraisal? 95 thousand, sorry I know the market is bad, but my house did not depreciate 90 thousand dollars., the comparable photos do not match the addresses, my home is 100 yrs old, the comparables say they are the same age, when upon my investigation, the homes are actually brand new. I signed these papers believing I had 50 thousand in equity, when in reality, I have $0. |
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Phillyfan
 |
Sue everybody in this order: The Appraisal company, the appraiser themselves, the Broker, and the Mortgage company. Go to your state's Attorney General's office and file a complaint for everyone of these entities. There appears to be so much fraud in your case that you need to pursue this.
Depending on your area, the value of your home may have dipped, even significantly, but not 90 k...
Good Luck... |
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Domenic A
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The broker should not be responsible. He did not appraise your house, the appraiser did. I've noticed that the brokers are the fall guys in this mortgage crises..........because everyone is a victim and blames someone other than themselves. Maybe the house values in your area have fallen (happening a lot these days) or how about just simply blame someone like the broker and try to ruin his life!! Get informed or try renting!!! |
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bostonianinmo
 |
How do you know the appraisal was fraudulent?? Many homes are now worth less than the owers paid for them, or hadn't you noticed the recession in the housing industry??
FYI, the appraiser was not hired by the broker but the lender. If you have any proof of actual fraud the responsible party -- the lender or the appraiser most likely -- will be liable. |
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David G
 |
Depending on your state you will need to contact your department of real estate as well as the attorney generals office to see if there is a history of collusion with that broker and appraiser. Typically other than him losing his license there's probably not much more than can be done. It's a well known fact that properties nationwide have deflated so it can be argued very well by the way that your home just lost value.
Real Estate Zen |
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kja63
 |
Interesting question. If you are in the USA, this may be a case of fraud. I would contact an attorney about your rights, and report this to the State Attorney General.
Addition: All people who take out a mortgage most certainly do NOT owe more than the house is worth. I certainly don't. My house is appraised at and worth far more than my mortgage. |
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kemperk
 |
who is responsible? the appraiser. if he
or she is an employee of an appraisal firm
the owner. Appraising is a licensed activity
in AZ so you can sue them and ask the
dept of contractors' where the board of
appraisers is located. [I have never had to ask that before, so this is a wake up for me too.]
if the methods used were inadequate, you can
sue for fraud, and ethics violations, etc.
[the Broker is responsible only if he
either knew the appraiser was previously censored or used unprofessional methods or
if he "became dirty" and suggested a value
to the appraiser.] |
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walkinandrockin
|
Any one or all parties may have some responsibility on this, or maybe none of them. How about your Real Estate agent? How about you? It is very difficult to understand how a person can purchase a house without having some basic idea of it's value. Did you not look at other houses? Hey, I've got some swamp land in Florida I'd like you to look at....
No really, were you totally the victim here, or were you just trying to get a loan approved? Was a broker involved along with the pricing scam? The appraiser, was no doubt knwledgeable about the values in his approved area. My best guess - buyer, broker, and appraiser all had something to do with this, and probably the seller, too. Let's open this can of worms |
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rwa000
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if the appraisal was done more than a year ago I think you would have a case maybe, here in Florida home values are much more than yours |
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THN
|
So sorry to hear what you are going through.
You might want to file a complaint to the state Board of Appraisers. It is the appraiser's responsibility, however, the loan officer and/or the real estate agent could be held responsible as well if they are found guilty of being parts of the scam. |
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Shawnaj
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in this case, i dont think the broker is responsible- just the appraiser. Although the broker uses that appraiser, you the buyer can actually choose your own appraiser, therefore the broker is no relation to the appraiser..just a third party. Sorry though, i would fight it! |
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spawnsmama
|
What kind of Fraud? All people who take out a mortage owe far more than the house is worth, once you factor in interest. |
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