| Posted 12/02/10 at 12:13 PM||Reply with quote #1 |
|Exactly what can an appraiser expect at a deficiency hearing? Here are the specifics.|
A friend of my was asked to do an appraisal of land. Foreclosure is scheduled for January. My friend was told to be prepared to attend a deficiency hearing and testify regarding the appraisal.
Edited: I intended to say confirmation hearing, not deficiency hearing. I do believe that a confirmation hearing is an attempt to get a deficiency judgment.
| Posted 12/02/10 at 12:16 PM||Reply with quote #2 |
Who told him that? The state? Or are they talking about a confirmation hearing?
Woops~ Did I say that????
| Posted 12/02/10 at 12:30 PM||Reply with quote #3 |
|The one's I've been involved with are more simple than say providing testimony for an appraisal involving a divorce. |
Sometimes the defendant is not even there.
Mine have been quick and painless as if it is a formality.
| Posted 12/02/10 at 12:35 PM||Reply with quote #4 |
My boss went to one last week. No questions about the assignment at all. All questions about his experience and at the end the judge declared him an expert witness. Short and sweet.
| Posted 12/02/10 at 12:40 PM||Reply with quote #5 |
|Sorry. I meant to say confirmation hearing.|
| Posted 12/02/10 at 12:55 PM||Reply with quote #6 |
|In my very limited experience I can say that if the defendant does not have a lawyer(s) then it is fairly simple and straightforward. First, the appraiser will be asked a few questions in order to qualify him as an expert witness. "How many years have you been an appraiser?". "How many appraisal have you performed in this county/city/market area?"....that kind of stuff. Second, the appraiser will be asked to provide a brief summary to the court what he/she did in the course of the appraisal assignment...research, inspection, photos, approaches used, etc. And then of course, confirm the opinion of value in the appraisal. |
Also, the appraiser may be asked if the opinion of value was still valid as of the date of foreclosure.
| Posted 12/02/10 at 02:22 PM||Reply with quote #7 |
Most cases are very easy. Some attorneys recently have found that its possible to rattle the appraiser and discredit all of his/her work. I prepare as though i will be cross examined every time, its unlikely but better safe than sorry. If this was a subdivision then pray a lot that you dont get cross examined unless you firmly believe in absorption analysis, discount rate selection, and can back up every adjustment. Good luck.
| Posted 12/02/10 at 04:38 PM||Reply with quote #8 |
|I do them 2-3 times a month..|
Most times the Defendant does not even show up....The judge justs ask if this was my report, am I licensed to appraise this type of property..
Then I may get a question from the court apponted attorney if one is there, but thats about it...
Most of these people are over the whole thing at this point and are waiting a year or so so all judgements can be filled and then are going to declair bankrupcy....
I think there have been 3 people actually show up in the last year.....Easy money,,,
| Posted 12/02/10 at 05:11 PM||Reply with quote #9 |
|I have had experience along the lines of which Patricka speaks. I had a |
subdivision done a few years back when you could actually establish an
absorption rate from similar subdivisions and they tried to hammer me on just
about everything. I think it best to be prepared to be grilled practically
line by line.
| Posted 12/03/10 at 08:15 AM||Reply with quote #10 |
I did one in Dekalb several months ago. The defendant was not lawyered up. The judge had the attorney from the plantiff sidebar with the defendant. They confirmed the foreclosure shortly after. I never had to speak about my appraisal. This was the easiest money I have ever made.
| Posted 12/03/10 at 12:30 PM||Reply with quote #11 |
|I agree with Chris Norris, it is like finding money|
The beatings will continue until morale has improved. mgt.