My CMA as evidence at a divorce hearing, Free opinion gets expensive

Show up=

      Physically- Dressed professionally and on time

      Emotionally- Don't be thinking about anything but the basic facts

Tell the truth-

      I am not suggestion you would lie, just tell the truth short and sweet. Your document was relevant at the time. It is not relevant today.

Don't be attached-

      You cannot win in this situation, so don't play, tell the truth with out emotion and let the chips fall where they fall.

Good luck

Steve:

I do not know of a way to that you can extricate your self from this situation. Once legal proceeding have begun--- the issue with price -- should --- not be something that your feet are held to the flame over. As you state anyone that is not  living on another planet knows the market in most of the US is experiencing problems (challenges).

Steve,

A year old CMA should be thrown out of court!  You will probally be contacted to do a new CMA, and if the court orders it to be sold, maybe you will get the listing.  I would definitely stay neutral to both parties!  Good luck!!

Answer the questions you are asked, not volunteer anything and don't have any conversations with either of them.  Next you don't know the intent of the attorney's and why they are bringing you in with a year old CMA.  They know about the market and their intent could be something entirely different from what you are assuming.  Just answer the questions.

Steve,

I just wanted to wish you the best of luck in this sticky situation.  These situations are never ones that we can anticipate or expect but all the more reason for us to keep detailed records!!! It might be a good idea to run a new CMA for this house so that you can explain the how the market has changed in the past year.  In addition it might be helpful to remind everyone involved that a CMA is used to determine the list price of a house but that does not mean that the price given is what the house will actually sell for!

I was referred a potential client going through a divorce who was suppose to refinance the house.  I cannot remember the specifics, but he could not afford the current payment, credit was awful.  It would have gone into a sub-prime loan with a much higher interest rate, and qualifying was iffy at best.  We discussed the options and implications - current mortgage and paying child support vs. higher mortgage and not affording child support, etc.  He does not refinance.

Needless to say, over a year later I receive a call that he needs me to come to court to testify.  I can barely remember him.  I refuse.  He needs me and will pay me for my testimony.  I refuse.  He begs and pleads.  I refuse.  He says, you leave me no option and my attorney has advised me that if I cannot get you willingly that he will subpoena you.  I tell him he won't find me - I'm going shopping at a mall (as I'm heading out the door talking on my cell phone)!  When I am almost at the mall, he finally gets to me that he really needs my help.  I finally agree and turn around and head home.

I put on a nice suit and go to the courthouse.  I see two ladies and wonder if that is his ex and her attorney.  I sit in a room for 2 hours talking with my client, and his attorney on and off as they are negotiating.  Finally the attorney comes back in the room and says they settled and profusely thanked me.  I said I didn't do anything.  He said I did - that they saw me and knew I was professional and were afraid to have me on the witness stand so it had become apparent the settling was in their best interest. 

The attorney and client both became clients of mine.  I have done the original clients mortgage twice, and he called me about two weeks ago that he was getting married and building a home on a lake - and he would like me to do the mortgage as he trusts me...

So, be professional...be honest...be compassionate....caring...and least of all smart as to when to say what and remember you can be subpoened.

Good luck.

Our local REALTOR board has an attourney on retainer - perhaps you could call yours and seek professional advice

Sincerely,

Grace