Note: When preparing this form, the attorney should carefully review Tex. Prop. Code §§ 51.0001, 51.0025, and 51.0075 and Tex. Bus. & Com. Code §§ 3.203 and 3.301 to ensure any reference to a person accurately describes the role the person holds or performs in the context of a foreclosure proceeding, e.g., references to “noteholder,” “beneficiary,” “owner,” “lender,” “obligor of the debt,” “mortgagor,” “mortgagee,” or “mortgage servicer” as appropriate.
Letter to Appraiser
[Date]
[Name and address of appraiser]
Re: Appraisal on [describe property], the mortgaged property
[Salutation]
I represent [name of lender], the lender, in regard to its loan to [name of debtor]. Enclosed is a copy of the deed of trust, encumbering the above-referenced mortgaged property in connection with a loan from the lender. [Include if applicable: Also enclosed are releases of the lender’s lien against any portion of the mortgaged property.] I request that your firm conduct an appraisal of the [include if applicable: unreleased] mortgaged property. The appraisal and fee should be addressed to [address, city, state].
I understand that your fee will be approximately $[amount]. I request that your appraisal indicate the rationale for any differences between the fair market value shown in the current appraisal and the prior appraisal rendered on the mortgaged property. Additionally, you, as the appraiser, may be required to testify as an expert witness in any legal proceedings regarding foreclosures on the mortgaged property and any bankruptcy proceedings involving the mortgaged property. As the appraiser, you would be required to testify as an expert on the means by which the fair market value was calculated. I request that all communications concerning this matter go through my office, as opposed to directly to the lender or others. I additionally require that all matters concerning the appraisal remain confidential unless disclosure of any aspect of the appraisal is permitted by me in writing.
Enclosed is a copy of the prior appraisal on the mortgaged property. If you have any questions, please contact me at [phone number].
Sincerely,
[Name of attorney]
Attorney for [name of lender]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
Enc.
c: [name of lender]