Legal Question in Real Estate Law in California

An appraiser inflated the appraisal on property to $615,000. Based primarily on the appraisal I carried a 1st mortgage on the property. No payments were ever made and I had to forclose on the property in March 2008 and lost money when the property was finally sold for $240,000. In June 2008 I submitted a complaint to the Office of Real Estate Appraisers. I have been told that the investigation has been completed (and it was hinted that there was impropriety on the part of the appraiser), however I have not yet received the results of the investigation. I'm afraid if I wait until I receive the results I will have exceeded the statute of limitations. Should I initiate action now?.


Asked on 1/01/11, 11:17 am

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I cannot say whether this particular lawsuit has merit, but as a general proposition it is better to initiate suit with some of the proof missing than to let the cause of action perish.

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Answered on 1/06/11, 11:39 am
Anthony Roach Law Office of Anthony A. Roach

If you are going to sue the appraiser for fraud, then you need to file an action for fraud before the statute of limitations expires. The statute of limitations for a fraud action is three (3) years, and it runs from the time the defrauded party knew, or should have known of the fraud.

You may want to speak to a competent real estate attorney. An issue that I see is what amount you bid in at the foreclosure sale, as you may be precluded by what is known as the full credit bid rule.

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Answered on 1/06/11, 1:40 pm

You are fast approaching or have already passed the limitations deadline for several of the causes of action you may have against the appraiser and others. There is absolutely no reason to wait for the outcome of the official complaint. You need to get in to see an attorney right away. Your question does not include your location. My main office is in Walnut Creek, and I have facilities throughout the San Francisco Bay Area, as well as in Sacramento and Carlsbad. If you would like to set up a no-obligation consultation at a location convenient to you, please give me a call.

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Answered on 1/27/11, 5:49 pm


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