It’s been now been a decade since the market relevance of appraisal management companies surged in connection with the procuring of appraisals for residential lending. Since then, interesting recurring legal issues have arisen relating to AMCs’ potential liability for the work of contractor appraisers: when and how may AMCs be Read more…
On December 19, 2019, I am presenting a free video webinar about the essential elements of California AB 5 in specific relation to AMCs and their contractual relationships with appraisers and appraisal firms.
A consumer class action complaint has been filed against a lender and its AMC relating to the subject matter of a prior CFPB investigation and settlement. Last August, the Consumer Financial Protection Bureau (CFPB) announced that it had taken action against Amerisave Mortgage Corporation, its affiliated AMC Novo Appraisal Management Company, and one Read more…
[Please note the author has no involvement with this case, other than reporting about it here. If you have questions about the case, please direct them to the attorneys representing the plaintiff, for whom contact information from the complaint is provided below.] On December 2, 2013, three law firms in New Read more…
We see it again and again: AMCs and lenders demanding that appraisers attach E&O insurance information to the back of their appraisal reports. It’s not just a bad idea for the appraiser; it’s a bad idea for the AMCs and lenders themselves because they risk getting themselves dragged into litigation filed by borrowers Read more…
As a direct result of the recent financial failure of appraisal management companies like Evaluation Solutions and ES Appraisal, the State of Washington recently enacted a new law raising the state’s AMC bond requirement from $25,000 to $100,000. As of July 28, 2013, all AMCs registered in Washington will be Read more…
A lawsuit filed last week by a former staff appraiser against LandSafe Appraisal Services, Inc. exemplifies the overtime liability risk faced by many appraisal firms and management companies. In February, I wrote that overtime lawsuits by appraisers present a genuine risk to many appraisal firms and AMCs. In that article, Read more…
Under the federal Fair Labor Standards Act (FLSA), employees in most types of businesses are required to be paid overtime at 1.5x their hourly rate if they work more than 40 hours in a seven-day workweek, unless they are properly classified as “exempt.” Recent cases show that this law presents a Read more…
Updated 1-30-13 to add information about subsidiary ES Appraisal Services. $9,349,612.97 + $1,698,799 = $11,048,411.97. That’s how much failed Evaluation Solutions and its subsidiary entity ES Appraisal Services have left in combined unpaid appraisal and BPO fees owed to appraisers and agents/brokers — according to their respective bankruptcy filings Read more…
Update note 8/14/12: this case, particularly the plaintiffs’ attempt to create a defendant class of appraisers, presents significant new liability issues for appraisal management and appraisers. I will address the liability issues in this case and in other current AMC litigation (including the FDIC’s actions against two national AMCs) in Read more…