Jeniffer Wertz, a Sacramento, California appraiser who formerly prepared appraisals for Washing Mutual Bank (WaMu), has filed a lawsuit against WaMu, First American Corporation, First American EAppraiseIt, Lenders Services, Inc. dba LSI, Fidelity National Information Services, Inc. and Susan Richter, seeking unspecified damages. The complaint alleges that WaMu stopped accepting her appraisals in 2007, a month after she prepared an appraisal which stated that the market conditions in which the house was situated were "declining."
According to the complaint:
Wertz began providing appraisals to WaMu in 2001. Since that time, Wertz alleged that she was earning in excess of $100,000 per year preparing two to three appraisals a day for WaMu.
In or about July 2006, WaMu outsourced its appraisal management to LSI and eAppraiseIT. Thereafter, Wertz received a letter from LSI and eAppraiseIT inviting her to do appraisal work through LSI and eAppraiseIT for WaMu. Wertz accepted. Wertz was considered by both companies a preferred real estate vendor, which meant that she had previously conducted work with WaMu and that WaMu was familiar and sufficiently satisfied with her work product.
Wertz provided appraisals for WaMu through LSI until August 2007 when LSI terminated her contract allegedly because a May 21, 2007 appraisal prepared for LSI/WaMu contained a representation that the market conditions had "declined". A sales manager at WaMu allegedely insisted that Wertz remove the representation and indicate a "stable" market condition instead and warned Wertz that without changing the market condition, she would be barred from conducting appraisals for WaMu.
According to the complaint, on June 18, 2007, LSI informed Wertz that she had been blocked by WaMu and that WaMu would no longer accept further appraisals. Wertz alleges that the sales manager's attempt to influence her opinion in the appraisal was a violation of several laws, regulations and policies related to an appraiser's independence from influence by anyone, including the entity writing the loan.


Rachel Dollar, the editor of Mortgage Fraud Blog is an attorney and Certified Mortgage Banker who handles litigation for lending institutions and secondary market investors.