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My house was bought in 2006. It was appraised $100,000 more than it was bought for in 2005. Now the price has dropped 25% and the Bank increased the interest rate by several points. Since it was the Bank that appointed the Appraiser and the experts at the Bank that approved the over priced appraisal, why can't I sue the Bank for malpractice?

Submitted: 275 days and 23 hours ago.
Category: Real Estate Law
Value: $20
Status: CLOSED
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Miramar, Florida

Posted by INFOLAWYER 275 days and 23 hours ago.

Answer

In this market, it may be that the house price was not wrongly appraised but simply dropped a lot in value. Before suing, you should speak to other appraisers and see if the valuation back at time of purchase was inflated or not.

275 days and 23 hours ago.

Reply

My question is, can i sue the bank for malpractice?

Posted by INFOLAWYER 275 days and 23 hours ago.

Answer

I dont see such a claim unless you can prove that intentionally overpriced the house through its own appraiser and as a result lent you more than you needed. It is a weak and difficult case.

275 days and 23 hours ago.

Reply

It is a weak and difficult case is not an answer to my question. Do you have a better answer than that?

Posted by INFOLAWYER 275 days and 23 hours ago.

Answer

I do not know factually if the bank committed a breach here. You would need to find evidence that it intentionally over appraised the property. I didnt sense you had such evidence but a lawyer can pursue it and seek such information through discovery. I said weak and difficult because it will be expensive to pursue and absent some proof, the bank will move to dismiss your case.

275 days and 23 hours ago.

Reply

of course the bank over appraised the house. how else can it charge a high interest?

Posted by INFOLAWYER 275 days and 23 hours ago.

Answer

If you can prove it by expert witness, then pursue your claim.

275 days and 23 hours ago.

Reply

you have not answered my questions at all. I do not accept your view

Posted by INFOLAWYER 275 days and 22 hours ago.

Info Request

That is fine. i will opt out and refer the question to a colleague.

Answer

Your previous expert has asked me to assist. Unfortunately, you are in the same exact boat with millions of other homeowner's whose homes were purchased when the market prices were inflated and the market has now fallen. The stimulus bill signed into law yesterday provides extensive relief for people in your predicament, but the details have not yet been published.

Unfortunately, your previous expert was correct, you cannot sue the bank unless you can prove actual fraud in the appraisal and not that the average market price in your area was high. These suits have been attempted in several states and have all been dismissed, so he was also right that at best, absent evidence of actual fraud, your case is very weak. I am sorry if you disagree, but that is the status of the law right now. Your best bet is to begin looking to the new federal programs to restructure the loan.


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Edited by PaulmoJD on 2/19/2009 at 4:08 PM

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Expert: PaulmoJD
Pos. Feedback: 99.4 %
Accepts: 
Answered: 2/19/2009

Lawyer

Attorney licensed in RI, MA, LA also experienced practicing by permission in numerous other states

274 days and 20 hours ago.

Reply

I want you to return my $20.00 so that I can go and talk to a REAL LAWYER, who I'm sure will have an answer for me.

Posted by PaulmoJD 274 days and 20 hours ago.

Info Request

Sir, your impoliteness is uncalled for. You have not paid anything yet other than made a deposit and I will notify customer service to return your deposit. Good luck to you with your real lawyer, since you have no real case to make.

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