Recourse for bad appraisal?

Paul
Home Buyer
98503

About a year and a half ago my wife and I purchased our first home, we had been renting it from a previous employer of ours and used a lender that he had used before for some of his other rentals. Our credit was such that we could only get a subprime loan. You know the story. Anyway, loan goes through fine, 255k appraisal and 230k loan, 2yr prepay penalty and fixed for 2yrs at 8.39%. All is good, make payments no huge card debt, want to be able to refi within 2yrs. 2 months ago start refi process, everything good for FHA loan, credit is good, income is good, all is in place for loan except appraisal. It comes in at 215k. WHAT!!!!!!!!! So then we ask how can that be? We know the market has been bad but our area has held up pretty good. Come to find out, the appraiser had added 5 extra feet on to the end of our house, which added 150 sq feet to the whole house. Our new lender said that put us in a different bracket as far as house size goes so thats why the appraisal came in 40k less. We

Answers (5)
Susan Draper
Agent
Olympia, WA

Just curious Paul.

Did you decide on a course of action?

Susan from 98503

Tue Mar 31 2009, 15:06
Meredith Laws
Agent
Anacortes, WA

Paul,

You are your own best advocate. Get every fact you can! Get on the phone to the original appraiser and find out what he used to measure your house. Was he right? Was the second appraiser wrong? If the first appraiser was wrong - does the original lender care? A loan is a two-way transaction, you and the lender. The lender has to be responsible to some degree for the way they put your loan together. If they based their loan on information that was incorrect from an appraiser that they hired on your behalf - what is your recourse if you can't re-fi now?

In the past, lenders wanted appraisers to only look at recent sold properties for comps, now many lenders have changed what they want to see because of the market conditions. It is not unusual for them to want active comps as well as sold comps. Values have come down since your purchase - so it is not surprising that the appraisal is lower, but you are in a jam and it sounds like the first loan was put together with some "unusual" circumstances.

Get educated about your entire original transaction, figure out what fell through the cracks and where, and be a squeaky wheel until you get the results you need.

Good luck!
Meredith Laws

Web Reference: http://www.LawsCraig.com
Mon Nov 24 2008, 09:16
Keith Sorem
Agent
Glendale, CA

Paul
You might want to look at the stats in the link below. Just looking at that, it does seem odd to have the overall average go up, and yours go down. i would talk with a Realtor about finding some recent sales and see if they can help you make your case.

If you need a referral let me know and I can make arrangements.

Good luck.

BTW, did you look at the comps they used?

Mon Nov 24 2008, 08:07
Lori Rossi
Agent
Warwick, RI

Paul, I agree with Kary, 150ft is not like to make a 40k difference in price. If your area has held up pretty well, I would ask the lender to have a 2nd appraisal done with a different company. I have seen up to 30k differences in appraisals in my area. Also, if you have done any substantial upgrades over the past 2 years be sure to point them out to the appraiser. It's worth a shot! Good luck, I hope it works out for you.

Mon Nov 24 2008, 08:04
Kary L. Krismer
Agent
Renton, WA
FIRST ANSWER

150 square feet isn't likely to make a 40k difference in price, unless the house is very small (e.g. under 1000 square feet).

Alos, your facts are a bit sparse. What did you pay for the place? $230k, $255k?

That said, I'm unaware of any basis for a borrower to have a claim against an appraiser in the type of situation you mention. The appraisal is more to protect the lender, not the buyer. I could be mistaken on that, but I've just not heard of a cause of action against an appraiser for a buyer.

Mon Nov 24 2008, 07:43

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