My Today’s Alerts series highlights ideas generated in my divorce financial advisory practice.
A recent newsletter to divorce lenders from the Divorce Lending Association highlighted how using the wrong appraisal form can invalidate a real estate appraisal in court – leaving you with the cost of more appraisals, more legal costs and headaches. A new appraisal will need to be performed that may not be in your favor.
Gary Coyle of The Coyle Group wrote that a divorce appraisal is not the same as the typical appraisal used for lending purposes. For one thing it doesn’t have to comply with Fannie Mae guidelines, like an appraisal done for the purpose of a mortgage loan application.
The common URAR 1004 Form is not intended to be used for valuation matters other than mortgage finance. (It even says so right in the report.) Therefore using the URAR 1004 may not hold up in court. From Gary’s article, “While the court may not know the nuances of the Intended Use of a URAR 1004, a savvy opposing counsel, town-ship solicitor or expert appraisal witness could very easily point this out. Technically, the report is invalid as a result of the Form’s Intended Use being violated by the appraiser. The court could deem the report inadmissible and jeopardize your client’s case.” The report you need is the GPAR or General Purpose Appraisal Report.
Using the wrong form during divorce or the wrong process to divide assets post-divorce will cost you thousands more in money, time, and effort. Divorce Planning of Austin knows how to help you to negotiate for the money and assets you deserve. We make an economic case for your position in divorce and we help you cost effectively execute the division of assets once the decree is final. Contact us at www.divorceplanningofaustin.com
Robertson Stephens Wealth Management and Divorce Planning of Austin will work with your attorney and tax professional to help you make better financial decisions during and after your divorce.
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