It seems very timely that Judge Roger W. Titus United States District Judge would publish a opinion in the case of Harold H Huggins Realty, Inc., et al. vs FNC, Inc. in advance of the deadline for Appraisers to agree to FNC's Appraisal Ports new user agreement which will become effective 9/13/2008. Click here to read the agreement in full.
It has been brought to the forefront from others more versed in legal matter than I, that this new users agreement has language in it that will restrict you from participating in this or any lawsuit. Yes, retroactively. So if you log in after September 12,2008 you by default have agreed to their new "clickwrap"1 user agreement. Further, it would prevent you from suing them for any future grievances. Oh! And if you and FNC are named in a lawsuit from a borrower for instance which is common practice to sue everyone that ever touched the file from builder to the lender, title agent, appraiser, web portal, on and on. You agree to pay all of FNC's legal fees for that incident, which will not be covered by any insurance it will come from our "Bulging" pockets.
Judge Titus suggests that FNC shot themselves in their foot with their users agreements of the past. With this new users agreement they are now attempting to close the barn doors. Those on the inside may continue to feed at FNC troughs but will be chained to their stalls. Those locked on the outside, by not agreeing to the new users agreement, will be prevented from feeding off of FNC but may still be able to kick the barn door down. Read the "Titus Opinion of Motion"
Kathleen M Bryce
State Certified Residential Appraiser DR-4424
http://www.leecountyappraisals.com
1 In introducing this term to the judicial lexicon in 1999, Judge David O. Carter provided a useful definition:
A "clickwrap agreement"allows the consumer to manifest its assent to the terms of a contract by "clicking" on an acceptance button on the website. If the consumer does not agree to the contract terms, the website will not accept the consumer's order. Such agreements are common on websites that sell or distribute software programs that the consumer downloads from the website. The term "clickwrap agreement" is borrowed from the idea of "shrinkwrap agreements," which are generally license agreements placed inside the cellophane "shrinkwrap" of computer software boxes that, by their terms, become effective once the "shrinkwrap" is opened.
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