Problem with An Affidavit Q&A for real estate appraiser

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Problem with An Affidavit

Q: " An attorney just sent me an affidavit with an appraisal of mine that I prepared for a refinance. The cover letter says if I sign the affidavit and get it notarized I don’t have to show up in court and testify at a hearing that is set for next month. Here’s my problem: the affidavit is all wrong. It says I did the appraisal for the borrower. I don’t want to have to go to court. Can I just cross out the borrower’s name and put in the lender’s name, sign it and send it back that way?

A: No, you have to sign this before a notary who won’t allow you to sign the document with cross outs. You will need to call the attorney that sent the document and explain what is incorrect. This may be simple. If they only want to introduce the report into evidence, you may get off easy. They might correct the mistake, send a new document for you to sign and that will be that. If the attorney was mistaken, and he thinks the borrower was your client, then it might be more complicated.

Remember that you cannot discuss the report in any detail. If he starts asking you questions, you have to politely tell him that the lender was the client and you cannot discuss the report. You may get served with a subpoena to testify at a deposition or in court. Sorry, but sometimes that simply can’t be avoided. Let me know what happens after you speak with the attorney.

Would you like Claudia to manage your liability concerns?