Court Dismisses Discrimination Claims Against Appraiser by Mary Cummins, Real Estate Appraiser

Henley's Motion to Dismiss, Doc. #28, is SUSTAINED.

Link to case below

"A federal judge has dismissed all claims against an appraiser and their firm in a lawsuit alleging discrimination in a home valuation. The court found that the plaintiffs failed to establish a viable legal claim against the appraiser, ruling that their allegations did not sufficiently demonstrate wrongdoing under applicable laws.

The case centered on a disputed appraisal that plaintiffs claimed was racially biased. However, the judge determined that the appraiser’s valuation process did not support a claim of discrimination. With this ruling, the appraiser and their firm are no longer part of the lawsuit.

While claims against the appraiser were dismissed, the court allowed certain claims against a bank to proceed, focusing on the bank’s lending policies and loan approval decisions. These claims will be evaluated further as the case moves forward. Specifically, the plaintiffs claim the bank applied different loan-to-value (LTV) ratios based on race and national origin, offering more favorable terms to white borrowers. They also allege the bank refused to finalize a loan application with better terms due to discriminatory policies. Additionally, the plaintiffs argue the bank maintained a policy preventing borrowers from appealing appraisals they believed to be discriminatory. The bank contends that loan denials were based on credit history rather than discrimination, the court determined that the plaintiffs presented enough evidence for these claims to proceed.

Negligent Hiring, Training, and Supervision

The court also allowed claims against the bank regarding negligent hiring, training, and supervision of employees. Plaintiffs argue that bank employees failed to properly evaluate loan applications, process appraisal appeals and oversee contracted appraisers. The court found that these allegations were specific enough to warrant further examination.

Implications for Appraisers

This case—Carlos Turner, et al. v. Henley Appraisals, LLC, et al. (Case No. 3:23-cv-371) in the U.S. District Court for the Southern District of Ohio Western Division—highlights the importance of clear appeal mechanisms for borrowers who suspect discrimination and raises questions about lender oversight of the appraisal process. Appraisers should stay informed on evolving legal standards and lender policies to ensure compliance and fairness in their work."

Link to case ruling. Large file but only 28 pages.

https://cases.justia.com/federal/district-courts/ohio/ohsdce/3:2023cv00371/286793/33/0.pdf

Mary Cummins of Cummins Real Estate is a certified residential licensed appraiser in Los Angeles, California. Mary Cummins is licensed by the California Bureau of Real Estate appraisers and has over 35 years of experience.

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