Divorce Appraisal

Reducing the Stress of Divorce: The Vital Role of an Experienced Appraiser

We understand that going through a divorce is an incredibly challenging experience, both emotionally and legally. In these turbulent times, it becomes crucial to alleviate some of the stress involved in the process. One effective way to achieve this is by engaging the services of an experienced and qualified appraiser who has been established as an expert witness in divorce litigation. In this blog post, we will delve into the significance of hiring an appraiser with expert witness testimony experience for divorce appraisals, offering invaluable support during this trying period.

Understanding the Legal Process

An appraiser with expert witness testimony experience possesses an in-depth comprehension of the legal process involved in divorce appraisals. They are well-versed in the intricacies of presenting their findings in a clear and concise manner, ensuring that their testimony carries maximum weight in the courtroom. Their familiarity with legal procedures enhances the likelihood of a favorable outcome.

Credibility and Reputation

One key aspect of hiring an appraiser with expert witness testimony experience is the credibility and reputation they bring to the table. By engaging such an appraiser, you can rest assured that their testimony will be taken seriously by the court. Having established a track record of providing objective, unbiased opinions, I have successfully demonstrated my expertise in numerous courtrooms located in Armstrong, Westmoreland and Indiana Counties, thereby earning the reputation of a reliable and trustworthy appraiser.

Crucial Role in Court

In my professional opinion, the importance of hiring an appraiser with expert witness testimony experience cannot be overstated in divorce appraisals. The appraiser's opinion often serves as pivotal evidence in supporting one party's claims over the other, making it imperative for their testimony to withstand rigorous cross-examination. By selecting an appraiser with this specific experience, you minimize the risk of having your clients' arguments weakened or dismissed.

Reducing Stress During Divorce

Navigating through a divorce is an emotionally taxing experience. By ensuring that you choose an appraiser with the necessary qualifications and expertise to provide expert witness testimony, you can alleviate some of the stress associated with the process. The knowledge that your appraiser is capable of delivering accurate and unbiased valuations to support your case will provide you and your clients with peace of mind, allowing you to focus on other crucial aspects of the legal proceedings.

In the event that you require an appraisal during the course of a divorce, we invite you to contact our office, where we guarantee the utmost standard of excellence in appraisals, coupled with the professionalism necessary to deliver expert witness testimony, should the need arise.

Appraisal Reviews: Ensuring Accuracy and Compliance

Recently, after completing a few courses and passing the exam offered by Appraiser eLearning through the National Association of Appraisers, I received a Certificate in Appraisal Review from their Professional Certification Board.

Now why would one want to have an appraisal report reviewed? Appraisal reviews play a crucial role in the real estate industry, ensuring the accuracy, quality, and compliance of an appraisal report. An appraisal review involves the evaluation and analysis of an existing appraisal report conducted by another appraiser. It aims to gauge the quality, accuracy, and adherence to standards and guidelines of the original appraisal. Think of it as a comprehensive quality check for property valuation.

Here are some reasons one might want to contract an appraiser to review another appraisers report:

Quality Assurance: Appraisal reviews help identify errors, inconsistencies, or omissions in the original appraisal report. By providing an opportunity for correction or clarification, they ensure the reliability and trustworthiness of the valuation.

Compliance: Appraisal reviews ensure that the original appraisal adheres to regulatory and professional standards, such as the Uniform Standards of Professional Appraisal Practice (USPAP). Compliance is vital to maintain integrity in the valuation process.

Litigation and Dispute Resolution: During legal proceedings or property valuation disputes, an appraisal review serves as an objective evaluation. It helps identify weaknesses, biases, or potential issues that may impact the outcome of the case.

Lender Requirements: Lenders and financial institutions may require appraisal reviews as part of their due diligence process. This ensures that they make informed lending decisions based on accurate and reliable appraisal reports.

If you have an appraisal requiring a second opinion to measure its accuracy, quality, and compliance, be sure to select an appraiser who possesses the education and experience necessary to provide you the review appraisal you need.

For Better or For Worse? FNME vs GPAR

Over the years, I have provided appraisals for properties owned by individuals going through divorce proceedings and have had the opportunity to be used in several counties as an expert witness. Whenever I am providing an appraisal for marital dissolution purposes, there are a few things I keep in mind. Most important is the possibility that my report might end up being used as part of expert witness testimony in a formal court proceeding. For this reason, it is important to know the correct form to use.

Most appraisers complete their reports on Fannie Mae produced forms as the majority of the work completed is for lending purposes. It is important to understand that these forms were created by and expressly for Fannie Mae purposes. There are pre-printed certifications which clearly indicate the use of and purpose for these forms.

Unfortunately, using Fannie Mae forms for litigation work is a mistake. While an appraiser should be aware of this, I have found in reviewing opposing counsels “expert” appraisal reports that many use the wrong form. Legal authorities have advised and forewarned that the use of the 1004 URAR appraisal form for litigation purposes carries the risk of having that report thrown out and ultimately, that side losing their case.

Per Jody Bruns, CDLP, using the wrong form could be a costly mistake and can jeopardize a case. Check out the full article here:

http://digitaleditions.walsworthprintgroup.com/publication/?i=286075&article_id=2358305&view=articleBrowser

In the future, if you are looking to have an appraisal completed for divorce purposes, be sure that you engage the services of an appraiser who has the experience and knowledge to know that using the correct form can make all the difference in your case.

Observe or Inspect?

Inspection: careful examination or scrutiny

 

Observation: the action or process of observing something carefully in order to gain information

 

While the definitions are close, inspection seems to indicate a more detailed way of looking at something just by the words “examination” and ”scrutiny”.

 

There seems to be some confusion as to the role of the appraiser when performing an “inspection”. The process of going to the house to view a property is often termed inspection by many, including the appraiser. This can be confusing to the general public, and no matter what it is called, is not equivalent to that of an inspection performed by a home inspector. For this reason, I have recently changed the way I describe the process of collecting pertinent information about the property I’m appraising as an observation. When HUD updated its handbook for FHA insured loans, under the responsibilities of the appraiser they even stopped using the word inspection and replaced it with observe or observation.

 

An inspection performed by a licensed home inspector requires a higher level of scrutiny that is not within the scope of work for appraisal purposes. A quality home inspection can reveal critical information about the condition of a home and its systems. This makes the buyer aware of what costs, repairs and maintenance the home may require immediately, and over time. A home inspection in no way ever addresses how these conditions relate to value. In fact, the licensing laws and regulations for home inspectors do not permit them to develop opinions of property value.

 

As appraisers, when on site at the property, we observe the pertinent salient features of a property in order to determine size, functionality, quality and condition for the sole purpose of analyzing how these items affect the marketability and contributory value. It is clearly stated in most appraisal reports that while we make certain determinations as to the quality and condition of the house and its individual systems or components, we are not inspectors and do not warrant or guarantee these items.

 

Regardless of what it is called, the role of the home inspector and the appraiser is very different. A home inspector will evaluate the home to determine the condition for the purpose of informing the client about critical information pertaining to the home and its systems. An appraiser will observe the relevant characteristics of a property in order to relate it to value.