RE: Judge rules that Trump committed fraud
I would venture to guess I am one of a few, and perhaps the only, certified general appraiser on this board. I would also speculate that I am the only certified general appraiser that also spent 30 years financing multi-million dollar commercial real estate projects.
First, the simple part - An appraisal is an estimate of value, generally fair market value, and is an opinion based on the current market conditions and pertinent information available at the time of valuation.
The key words are estimate, opinion and market conditions at the effective date of valuation. I could order three appraisals on the exact same property and give each appraiser the exact same information. I will guarantee that I may get 3 similar conclusions or 3 very different conclusions, but I will definitely not get 3 of the same conclusion.
Next, and I’ve said it here before, no bank that lends any kind of money above small Savings and Loan/Credit Union levels, puts one bit of stock in what a customer tells you their real estate is worth. The cash flow tells you what the real estate is worth if you’re a banker. You won’t find a single banker who would get on a witness stand and say a customer defrauded a bank by overstating the value of real estate on a financial statement. To do so is an admission of failure to do your due diligence and they would get destroyed by a defense attorney. Customers aren’t appraisers, they generally give you one of three values for a piece of property - what they paid for it, the value of the last appraisal they had on it, or what they think it’s worth. The first doesn’t matter much (remember that value is based on current market conditions), the second may give an indication, but again is dated (could have lost/gained tenants, average remaining lease life, change in rates, etc), and the last is just an unqualified opinion.
Where you commit fraud on a financial statement is generally through omissions, off balance sheet debt, listing brokerage account values but not mentioning the assets are pledge as collateral, things like that.
This whole thing is crap. It’s like charging someone with theft when the “victim” gave the “criminal” the bike. No bank has alleged that Trump committed fraud against them.
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