The first lender who ordered the appraisal came back with ungodly fees and interest rates. I would like to shop around for a better loan. Now other lenders want an appraisal as well. The appraiser says that I do not have rights to the appraisal that I paid for. Is he correct?
2007-08-25 03:07:10 · 9 answers · asked by Perpetual chaos 1 in Business & Finance ➔ Renting & Real Estate
The client of the appraisal is the lender. You are entitled to a copy but it is not yours. The lender ordered a copy of the appraisal for the purposes of financing that you pay for. The lender should send you a copy though; the appraiser will not give you a copy because you are not their client.
2007-08-25 05:08:05 · answer #1 · answered by tianaramal 4 · 1⤊ 0⤋
No the appraisal is not yours, even if you paid the appraiser. The appraiser can not even discuss it with you or anyone else orther than his client (the person who engaged the appraisal assignment) this is USPAP mandated by Federal law. If the appraiser gave you a copy or discussed the appraisal with you, he could lose his license. USPA states that if other lenders want the appraisal, that now becomes a new assignment and a new appraisal. The Mtg compaines do not want you have a copy prior to closing becasuse they do not want you to take and start shopping for a loan with other lenders. The appraisal belongs to the Mtg Company that ordered the appraisal. Now the problem begins if you do get a copy from your Mtg company and start shopping for a loan with the appraisal in hand. The appraiser starts getting calls from lenders wanting to change the name on the appraisal to reflect their name under client. The appraiser tells them he can not do that because they were not the intended user of the report and not his client but they may order a new report and that would be a new assignment with a new fee. Now every one is pissed off at the appraiser. The problem, no one understands is the appraiser is highly regulated by USPAP and Federal Law. I also read above that the appraiser likes to hold the appraisals so we can sell it again. Not true by law an appraiser must keep the appraisal and work file for 5 years, most realtors, lender and homeowner don't know the laws regulating appraisers. Hope this helps you understand why you don't own the appraisal.
2007-08-25 14:03:35 · answer #2 · answered by Leo F 4 · 0⤊ 0⤋
Yes by law the company that ordred the appraisal owns it , even though the borrower paid for it. This part really frosts my butt and I'm an appraiser. These loan companies should be held liable to pay for the appraisal themselves. You can ask your lender to release the appraisal but the chances that the appraiser will work with another lender without charging your is slim. I don't think that is fair either. But it's the way the business is done. When all is said and done, I would write a letter to your states commerce department complaining about this situation. These internet loan companies that have no state located office due such a disservice to the rest of the industry. Good Luck!
2007-08-25 11:06:59 · answer #3 · answered by Alterfemego 7 · 0⤊ 0⤋
The person that ordered the appraisal is the owner of the appraisal. If it was the lender then the lender owns the appraisal even if you paid for it. If you have proof that you paid the lender for an appraisal ask them for a copy. If they refuse, take them to small claims court. You will find the judge very sympathetic.
2007-08-25 12:23:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Call a different appraiser and ask him/her. The appraisers like to hold on to it and then if you need it again in a few months they charge you another fee to "update" it and send it to the bank/company you need it given too. I had an appraiser do this to me because it had been 6 months since he did the appraisal and the company I was dealing with wanted a current appraisal. He charged me $50 and I thought that was a bit much after I had paid him so much the first time but it was cheaper than paying someone else to come do a whole new appraisal.
2007-08-25 10:16:07 · answer #5 · answered by Twinkle 3 · 0⤊ 0⤋
The lender more than likely used an in house appraiser rather than a independent appraiser. You would only get the appraisal with your paperwork concerning the loan at the end of the process.
2007-08-25 10:18:43 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No he is not, at least not technically. However you may have to go to the original mortgage company to get your copy. The mortgage lender is the one who ordered it. The appraiser has no way of knowing if you paid for it or if the mortgage company did so he is correct in refusing to give it to you. The lender however is bound by law to give you a copy of the appraisal IF you actually paid them the cost for it.
2007-08-25 10:16:17 · answer #7 · answered by Bostonian In MO 7 · 2⤊ 0⤋
since you paid for the appraisal you should get a copy. if you paid the mortgage company directly and not the appraisor then they will probably not allow you to geta copy. landers that do this know that it forces you to pay for anouther thus keeping more clients. if you can find out who appraised the home simetimes you can get them to put anouther lenders name on it. it depends on the laws in your state.
unfortunately you have learned the hard way the way lenders force you to not shop and take thier iffer even though its horrible.
your lender has a legal obligation to give you a copy.
2007-08-25 10:16:54 · answer #8 · answered by Anonymous · 0⤊ 0⤋
i had the same thing happen to me i forcedthe lender tto give me a copy by saying im not going to use them. i went to anouther company withmy appraisal and paid a small fee to the appraisor to get the new lenders name on it.
It worked out great and the lender saved me a boatload
check out directlendingplanet when you are shopping see if they do as good for yo as they did myself
2007-08-25 10:22:11 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If you paid for an appraisal, you should have a copy of it.
2007-08-25 10:15:42 · answer #10 · answered by Susan L 1 · 0⤊ 0⤋