Appraisers' Free Forum

Edd Gillespie wrote:With some reservations. You seem antagonized by what I say from time to time to the point that me voicing anything is some sort of invitation to you to argue with personal attacks on me. I certainly understand that there are legitimate questions and I do not pretend to be the final authority on anything, but I'm definitely not interested in pissing matches. Vigorous debate and challenge is welcome, acrimony is not. I don't like it and it is a complete waste of my time, but Ill try again.

Let me put it this way. I assume that if the FBI consults an appraiser in a mortgage fraud case, the question would most likely involve the appraisal. If you consult with the FBI about fraud, how would you do that with respect to just the appraisal that may be involved? Outline the method or methods you would use to arrive at a point that your counsel would be useful in guiding the FBI as to whether the appraisal in question is or is not fraudulent or is even credible.

Edd Gillespie wrote:I am cautious and not at all optimisitc, but I'll take what you say at face value and assume you mean it.

So give me the information I asked you for and we'll talk about the problems created by consulting for the FBI when the issue is a fraudulent appraisal.

Edd Gillespie wrote:OK. Fair enough.

I think what stimulated your response was when I challenged potential appraisal experts about the difficulty with advocacy. So let's broaden the subject and talk about that.

How can an appraiser doing consulting advocate for the client?

Otis wrote:Edd, I didn't see any where in Mako's post about being an "advocate" - all I read was being a consultant. When you're contacted by an attorney (an advocate) and you talk with them - then you're consulting - why not turn the tables and contact the the attornies and let them know you're available and experienced. That's not being an advocate - that's business, and................ based upon my understanding of USPAP, okay. GP?

Mako wrote:[Advocacy: I don't see how doing a good job reviewing a fraudulent appraisal could be considered advocacy. An appraiser CAN BE an advocate of their unbiased opinion of value.

Correct me if I'm wrong, but a certified appraiser can act as;

A) An Independent Valuer, or
B) A CONSULTANT - which acts as advocate for their clients interest.

An appraiser CANNOT act in both roles simultaneously, and they MUST identify their role to all parties at the time services are engaged.

Consultant/ADVOCATES provide advice and assistance regarding case evaluation. In the area of valuation a Consultant/ADVOCATE can; assist in discovering the strengths & weaknesses of a clients position. They can review the summary of the case & background documentation INCLUDING PAST APPRAISALS.

That's just scratching the surface on the Consultant/ADVOCATE. They can also assist in preparing a client to depose an opposing witness. They can advise regarding pre-trial settlement and arbitration.

I'm a little rusty, and you're the attorney...you probably know more on this subject than I do. I should think this would be right up your alley.

Edd Gillespie wrote:Otis, guess I got the idea to talk about advocacy from this:

Mako wrote:[Advocacy: I don't see how doing a good job reviewing a fraudulent appraisal could be considered advocacy. An appraiser CAN BE an advocate of their unbiased opinion of value.

Correct me if I'm wrong, but a certified appraiser can act as;

A) An Independent Valuer, or
B) A CONSULTANT - which acts as advocate for their clients interest.

An appraiser CANNOT act in both roles simultaneously, and they MUST identify their role to all parties at the time services are engaged.

Consultant/ADVOCATES provide advice and assistance regarding case evaluation. In the area of valuation a Consultant/ADVOCATE can; assist in discovering the strengths & weaknesses of a clients position. They can review the summary of the case & background documentation INCLUDING PAST APPRAISALS.

That's just scratching the surface on the Consultant/ADVOCATE. They can also assist in preparing a client to depose an opposing witness. They can advise regarding pre-trial settlement and arbitration.

I'm a little rusty, and you're the attorney...you probably know more on this subject than I do. I should think this would be right up your alley.

But now the topic is contacting attorneys to be a consultant and that is OK. What do you have in mind to do as an appraiser when you consult with an attorney and the appraisal is inflated?

Edd Gillespie wrote:Well that might be helpful, but I think there may be other things that you with your experience have to offer including doing review yourself.

By way of priming the pump, I am going to emphasize again that advocacy is not something you should consider due to very clear USPAP prohibitions. Leave the advocacy to the attorney, but attorney's don't usually appraise and most don't understand appraisal. So where do you fit?