Q: Can I use my mortgage loan appraised value instead of the minute order since I haven't heard back from the courts?
DOS 1/2023. A couple of CNC’s that got nowhere over the year. Then at the last MSC 9/2024 I (w/ attorney) mistakenly agreed to an equity buyout by 3/18/25 right after the next MSC 3/13/25. The Minute Order says if we didn’t agree to appraiser within 10 days, we would submit our proposed appraiser (I sent to my attorney) within 2 weeks and then the courts would choose either or one of their own. I didn’t hear anything back and by 1/2025, so I started the HELOC loan process with my existing mortgage company which came back with an appraised value. OC not agreeing and pushing for their appraiser.
I’m running out of time to get loan by 3/18 and will not agree to their appraiser. Can I wait til 3/13’s MSC to let judge know I tried and inform him of the mortgage appraisal? I’m in between attorney’s so do I need to send any extension or court order change form request prior? If so what form and what can I focus on? THANK YOU and this WEBSITE!
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A:
Based on the minute order, you are expected to follow the court’s established process for selecting an appraiser rather than simply using your mortgage loan’s appraised value. The order outlines that if no agreement is reached, you must submit your proposed appraiser, allowing the court to make a final decision.
If you have not received any further instructions, it may be wise to notify the judge at the March 13 MSC that you have attempted to comply and have obtained an appraisal through your HELOC process. You might also consider filing a formal request or motion for an extension or modification of the order, ensuring you include all supporting documentation that shows your efforts to meet the timeline.
It is advisable to review your local court rules and any available guidance on submitting such motions, and if possible, consult with legal counsel to confirm the correct procedure. Make sure you keep a clear record of all communications and steps you take as you move forward.
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