Edd Gillespie wrote:I'm be interested to hear how these dime a dozen experts are going to tip toe around the prohibitions of advocacy. I'd also question how they plan to be of any use what so ever to an investigation let alone litigation.
An attractive element of appraising is its possible expert component, but now we have "experts" out there selling their expert opinions for $300.00 on a Fannie form.
Those aren't "experts" Edd...they're form filler sweatshop hacks.
An expert witness in the field of appraisal fraud would be a GREAT help in an investigation. Like I stated above; I think I'd be safe saying, MOST mortgage fraud is pulled off with the assistance of an unethical appraiser. I think I'd also be safe saying, MOST of these
mortgage fraud investigators know little to nothing about the appraisal process.
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.
