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Advice on Appraisal Appeal Process for TD Bank? — Brooklynian

Advice on Appraisal Appeal Process for TD Bank?

skimania
edited November -1 in Park Slope

Hi All,

We are trying to buy a brownstone in park slope. The bank required two appraisals. 1 came in at our contract price, and 1 came in 100K lower! Now the bank will only lend at 80% of the lower value. Our options are: come up with the extra cash, get the sellers to lower their price, or get the bank to lend us more.

Our preferred option is to get TD to throw away the bad appraisal and lend us more. Anybody have any experience with this? Has anyone successfully appealed an appraisal before? Anyone suggestions on how we might do this?

Points of note: The lower appraiser made several mistakes. Slightly off on sq ftage of our house. Didn't adjust one comp for site size. But the major issue was his assesment of the condition of our house as "avergage" and two of the comps as "good" hence docking us 7% on each.

What do you think? Is this gonna work?

Should the sellers come down?

Comments

  • This has nothing to do with TD Bank, it has to do with the appraisers and/or the comps.

    You can try to talk to the appraiser and see if you can get him to justify altering the appraisal. Along these lines, I'd talk to whomever recommended the appraiser to you - when I worked in lending, I only worked with a handful of appraisers. If one didn't produce work that I was happy with, I stopped sending business his/her way. See if it's possible to manage similar leverage.

    Find another appraiser.

    Find other comps.

    If all of the above fails, then the house is simply above market and the sellers will have to budge.

  • I didn't find or hire the appraiser, td bank did. I do have his contact info and can contact him, but we have no business together. I have to convince TD to hire another appraiser.

  • I'd try to use the appraisal as ammunition to get the sellers to lower their price, but (obviously) this technique only works if other potential buyers have obtained the same "low" valuation.

    While you really want to buy the house and think it is worth the asking price, can I assume that you must borrow that much money? I.E. That you are not able to reduce the amount you are borrowing by putting down a larger down payment?

    If this is the case, you may have to seek a more affordable house in a less desirable neighborhood. I realize that statement is also obvious, but those of us who don't live in PS faced similar decisions.

  • Since the issue here is the condition of the house it's going to be hard to get the appraisal changed. He rated it as average. Maybe he's dealt with quite a few deals where the houses were in better shape than the one you want to buy. The problem here is that the rating is subjective. What he may have taken into account is the age of the windows, heating system, plumbing, things like that. Years ago, when I sold my first house the bank did the same thing to my buyers but they were able to get the additional $40,000 needed for the down payment. Good luck.

  • The first thing we did was go back to the sellers and ask them to lower their price. They said they have another buyer willing to pay more than us by 75K. This could just be a trick by the seller's broker, but she's been pretty trustworthy so far. Fact is, everybody we've talked to agrees on our price - except 1 appraiser.

    Plenty of other nice hoods in Brooklyn, but we love this one!

  • Trust should have as little as possible to do with this transaction; the broker works for the seller.

    I think many people love the slope, and are able to buy there without working about appraisals because their mortgages is a small portion of the purchase price.

    Those who don't live in the Slope have just decided we could get more space elsewhere for the same amount of $.

    Thankfully, we live in a time where the ability to live in a neighborhood is largely based on being able to afford to live there.

    ...good luck.

  • whynot_31 said:

    Trust should have as little as possible to do with this transaction; the broker works for the seller.

    QFT.

    If they have someone willing to pay $75k more, why are they still talking to you? Are you in contract and on the clock to come up with the financing?

  • QFT?

    We are indeed in contract and on the clock for financing. We have the right to cancel if we can't come up with financing within the next 2 weeks. They're fine with us walking away if we want to, they can just go to the next guy.

  • QFT = QUOTED FOR TRUTH

    Used on internet forums when quoting someone with similar views as yours.

    source: http://www.urbandictionary.com/define.php?term=QFT

    skimania-

    If you can't get the financing you need, you can basically do one of two things:

    1. Call their bluff, and be ready to walk away.

    2. Increase your down payment.

  • Okay. Thanks for the help. Wish me luck.

  • walk your paperwork to a couple of other banks. If your income,credit and down payment are fine, there is typical paperwork on the house with no huge tax liens or pending lawsuits some other bank will give you the cash. They have appraisers that will play ball. The comps are all that count so why the property would be 100k less is strange. By the way if they require two at TD why not 3 or 4? Then the lowball guy will be the odd man out and your comp Brooklyn property will be priced similarly to other surrounding homes.

  • You think I should pursue a loan at another bank? That's a good idea, but we've already got a really low rate locked in (4.125) and it was an 80/20 loan. That's going to be really hard to beat, rates have since come up a bit. Plus the timing is an issue. I'd have to get the sellers to agree to an extension to the clause that lets us get our deposit back if we can't find financing. I do want them to do another appraisal, they would see that the low one was wrong, but I don't know how to get them to do it other than to file an appeal request and wait for it. Which we did. I just don't know how likely they are to value my request.

  • skimania said:

    They're fine with us walking away if we want to, they can just go to the next guy.

    I, too, think that you're being bluffed. Unless the (possibly fictional) other buyers are putting down a good amount of cash, the sellers run the risk of hitting the same value obstacles as they have with you. It is in the sellers best interest to see that the value is suitably established. Think about it - you had one appraisal come in at contract price and one come in $100k under. Even if these other buyers are paying cash, do you *really* think that someone is going buy the house at $70k - $170k more than it's being valued at? Most people with money have it because they're sensible with it, and that type of over-payment doesn't seem too sensible.

    In any event, talk to some other lenders and some other appraisers.

  • We bought a year ago. We were warned by our attorney (you should have a good, experienced attorney for this) before the appraisal that it would likely come in under the sale price. According to our atty, that's been happening a lot since the crash. We just upped our down payment, but luckily we had that ability. You could go for another loan I guess, but I know the trouble it is to go through the process. Every situation is different, though. If you really feel the price is too high, you should talk with your atty about how to procede.

    Btw, our loan process was all kinds of hell, but we got an amazing rate with Astoria (on a 5 year ARM) and we have already floated it down as rates have gone down.

  • I have successfully pressed a mortgage lending bank (Citibank in this case) to send a second appraiser when the 1st one was way, way off (used comps all the way across Brooklyn, had no sense at all of the area etc...) but it was before the slump. If I were you I'd try to work my way up the food chain at your lender....it's worth a few phone calls, anyway.

  • I am a mortgage broker so I am familiar with the problems you are having.

    You have a few options, the first one is to ask TD Bank to get another appraisal done. There is a huge variance in the two appraisals in a market that is seeing higher prices every quarter to justify this request. Make sure your broker is ready to provide the new appraiser with 4-6 good and accurate comps - that is recently closed sales that are similar to the property you are buying.

    You can contest the appraisal, but in my experience that usually doesn't work, they make a few minor changes but not enough to make your deal work. The appraiser has been paid, his management company has passed the report thru their QC review, no one is going to budge and admit any errors.

    Another option if you have enough cash is to ask TD Bank to average out the two appraisals and lend 80% of the average.

    Another one is to ask your attorney to ask for an extension on your mortgage contingency date and apply to another lender. Even though most banks are totally backed up because of refi's, purchase transactions will usually get priority, but getting anything done in two weeks is highly unlikely. Your attorney should point out that you are proven to be creditworthy, but the appraisal not your personal finances was the deal killer with TD Bank.

    And to everyone that says the original poster should go and get another appraisal on his/her own, the market does not work that way anymore. Since 2008 the ability to order an appraisal directly has been taken away from banks and brokers under the HVCC legislation. This legislation means that every order must go through a third party vendor who randomly assigns people to the job. This was to prevent influence from brokers and banks on the appraisers to bring in value in return for future business.

    Unfortunately for sellers and buyers, it has meant a race to the bottom, since the appraisal management companies (AMC) are limited by the bank as to what they can charge, so the AMC's farm out the jobs to whoever will take the job for the least amount of money to keep most of the fee in the AMC's pocket. The appraiser that takes the job may not have any familiarity with the market and will use a comp on 3rd ave to price a house on PPW because it's within one mile which is fine in the suburbs but can make a world of difference in an urban setting.

    Also think about that the banks are allowed to own the AMC they give business to and you have a recipe for disaster which happens frequently.

    Astoria Federal was one of the few holdouts because they lend from their own money (they had their own panel of local but conservative appraisers) but as of 8/11 they have required the use of AMC's. To give you an example of what you are up against, I was ordering an appraisal last week and the person on the other end of the phone could not grab the concept that Brooklyn was Kings County.

    Good luck to you. Try to make your attorney and your real estate broker your advocates with the seller to give you more time to line something else up.

    Vic

  • Thanks for the info Vic. We've filed the appeal and are waiting to hear back from the bank what's next. I'll let you know what happens. The loan processor told me that she has seen these appeals work in the past, and it should only take a few days to find out. We'll see.

    I do think this system is totally broken though. To allow one uninformed appraiser to entirely derail a deal he knows nothing about seems totally wrong. It looks like we need some more regulation of these AMCs. Appraisers should be required to be licensed by county, not by state. Additionally, just fix the fee that an AMC can collect to a set amount per transaction, removing their incentive to hire the cheapest appraiser.

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