Now if you want to take it a step further: Analyze their sales, briefly state why they are not comparable and send a written response to the Chief Compliance Officer of the bank and tell that person: “This appears to be an attempt at influencing the outcome of the appraisal.” In brief, provide the who, what, when and where. That will get their attention and likely stop the problem in the future.

Here is a general tip: If you think something is wrong, document everything and shine light on it. Then sit back and see who scatters. These are the kinds of solutions we are providing to both sides in our webinars- appraisers and AMCs/lenders. This is why it is so important that every appraiser and AMC/lender who cares about staying in business attend these webinars. Even one mistake can be a game ender. You need to learn what to do to remain insulated and protected and what not to do, to avoid trouble. You need to do some things and there are some things you need to avoid doing. This environment is like a mine field. These webinars (recorded or live) are vital.– Richard Hagar, SRA

Question asked at Top 5 Questions webinar: Is the pressure placed on appraiser John Dingeman considered unlawful “coercion” and therefore prohibited by any state or federal law? (John Dingeman is the appraiser featured in the story Chase Challenges USPAP who had a complaint filed against him and is blacklisted by a lender because he would not violate the confidentiality section in USPAP to discuss an appraisal with the lender- who is not the original client.)

Answer: First of all, I am not an attorney and I do not give legal advice. The ultimate decision on whether Mr. Dingeman is being coerced or not, would best be answered in a court of law. However, I will give you my opinion and provide a few definitions.

Short answer: To me, what has happened to Mr. Dingeman, and hundreds of other appraisers, sounds like coercion and a bully trying to intimidate an appraiser.

Long answer: This exact topic was covered in my webinar: How to Limit Liability, Maintain Independence, and Fight Influence. If appraisers want to learn how to stop bullies, they should take this class (offered in webinar form, recorded or live, or for CE credit if we’re in your area). 

Webster’s Definition of Coercion: 

Coercion (Noun) the practice of forcing another party to behave in an involuntary manner (whether through action or inaction) by use of threats, intimidation, trickery, pressure or force.

–   Such actions are used as leverage, to force the victim to act in the desired way. Coercion may involve the actual infliction of physical pain/injury or psychological harm in order to enhance the credibility of a threat.
–   The threat of further harm may lead to the cooperation or obedience of the person being coerced.