can appraiser file a lien without court judgement?

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clowder

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we applied for a refinance on a home in arkansas. the lender dragged his feet for months, telling us we would close in april, then may, then june etc. when he finally got the paperwork to us the terms were completely different than what we had specified, i.e. we wanted fixed, it was adjustable, interest rate was wrong, etc. we declined to sign and ended up getting a HELOC (in August) from a local lender instead. Now we have received a letter from the appraiser stating that he did a re-certification in april and asking us to pay his fee or he will file a lien. are we financially responsible for this payment? and can he file a lien without a court judgement? thank you
 
Just from my experience, the contract you were to draw up with the re-financer, (i assume they wanted the appraisal), something should have specified b4 hand, who would pay his bill.

If you wanted the re-finance, and as part of that, you had to get an appraisal, it's your duty to pay 'em.


Sorry I can't help much on the lien part, just givin' ya a little bump..... :)
 
The lender ordered the appraisal

clowder said:
we applied for a refinance on a home in arkansas. the lender dragged his feet for months, telling us we would close in april, then may, then june etc. when he finally got the paperwork to us the terms were completely different than what we had specified, i.e. we wanted fixed, it was adjustable, interest rate was wrong, etc. we declined to sign and ended up getting a HELOC (in August) from a local lender instead. Now we have received a letter from the appraiser stating that he did a re-certification in april and asking us to pay his fee or he will file a lien. are we financially responsible for this payment? and can he file a lien without a court judgement? thank you


In the states I broker in, the person who orders the appraisal is responsible for the debt. Loan officers many times try to pass this off to the customer if the customer learns of something better for them.
 
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