Tuesday, March 20, 2012

Board Finds Web Data Insufficient to Show Amount of Decline in Property Value

Mr. Hughes primarily focused on adjusting the $235,000 that he paid for the subject property in February 2008 to a value as of March 1, 2010. To do so, he relied on indexes that he downloaded from the FHFA’s website. According to Mr. Hughes those indexes show a decline of almost 11% in the Fort Wayne housing market between the first quarter of 2008 and the first quarter of 2010 and much larger declines in regional and national markets. Mr. Hughes arrived at his conclusions by simply adding the index numbers for each quarter to get a cumulative level of depreciation. But it is not clear that the indexes were designed to be read that way. In fact, Mr. Hughes offered no evidence about how the indexes are meant to be read or about the data on which the indexes are based. Also, most of the indexes that Mr. Hughes offered measure market depreciation in broad geographical areas. They say little about the real estate market at issue in this appeal. The index for Fort Wayne is more targeted, but it is still imprecise.
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Mr. Hughes asks the Board to decide that his property depreciated by roughly 11% instead of by 4.3%, representing a total of less than $15,000. Without more information about how to read the FHFA’s indexes or about the data on which those indexes are based, Mr. Hughes’s evidence does not allow the Board to draw a distinction that fine.


Because Mr. Hughes did not offer any probative evidence to dispute the subject property’s assessment, he failed to make a prima facie case.