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In this scenario are you complaint proof?

Discussion in 'General Appraisal Discussion' started by CSP 49, Jun 29, 2011.

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  1. CSP 49

    CSP 49 Member

    6
    Dec 2, 2008
    Professional Status:
    Certified Residential Appraiser
    State:
    Florida
    Let's say you were certified and worked in state A for 15 years. You move to state B and become certified. It looks like you will not be returning to state A and will not renew in the next cycle.

    If you go ahead and turn in your license from state A now (with no former sanctions and no pending complaints) have you effectively made yourself complaint proof. If a state board can only discipline licensees would state A have any recourse against you if a complaint were to be filed?

    Let's assume you will still meet the USPAP record retention requirements.
     
  2. George Hatch

    George Hatch Elite Member

    302
    Jan 15, 2002
    Professional Status:
    Certified General Appraiser
    State:
    California
    Sounds like a licensing question that only the State B appraisal board could answer.

    Inasmuch as the mission of a state appraisal board is to protect the public I would imagine that most of them have enough discretion to consider information provided from another state appraisal board where the applicant or licensee has previously worked. In my state (California) licensees are required to disclose all criminal convictions or other actions taken by "any other regulatory agency".
     
  3. Joyce Potts

    Joyce Potts Elite Member

    58
    Feb 6, 2005
    Professional Status:
    Certified Residential Appraiser
    State:
    Florida
    The better question if you give up your license are you outside the regulatory jurisdiction retrospectively.

    Think it through CSP49.
     
  4. CSP 49

    CSP 49 Member

    6
    Dec 2, 2008
    Professional Status:
    Certified Residential Appraiser
    State:
    Florida
    Thought it through, still don't know. What's the answer?
     
  5. Joyce Potts

    Joyce Potts Elite Member

    58
    Feb 6, 2005
    Professional Status:
    Certified Residential Appraiser
    State:
    Florida
    Not sure anyone has the answer until happens with the decision probably being made by regulatory attorneys or an administrataive law judge. And that's not addressing the potential civil aspects. I doubt dropping your license now would shield you from any civil action but I'm not an attorney nor do I play one on TV, and I've never been fond of Holiday Inn Expresses. But that's a great question for your E&O coverage legal team or your personal attorney. In any event, it's always wise to keep up your E&O and make sure you're covered restrospectively. Why don't you simply call a State Board attorney and get their recommendation on it?

    Anonymously, if you're uncomfortable. Not sure why you woud use the term 'turn in'. Why not go inactive and/or simply not renew on the next cycle? So are you coming or leaving Florida and what is the other state?
     
    Last edited: Jun 29, 2011
  6. Pilgrum

    Pilgrum Senior Member

    50
    Mar 6, 2005
    Professional Status:
    Certified Residential Appraiser
    State:
    Nevada
    I say yes. A complaint can still be filed against you. The state could still hand down discipline. However. They would have some problem enforcing it within the state. But. I think if there is an disciplinary action handed down there is nothing to stop the ASC from linking that action to you and your current license.
     
  7. Couch Potato

    Couch Potato Elite Member

    0
    Mar 15, 2004
    Professional Status:
    Certified Residential Appraiser
    State:
    North Carolina
    Consider the legal authority to discipline.

    If you are not registered, licensed, or certified, the appraisal board lacks the legal authority to discipline you in Florida. That does not mean you could not be prosecuted under other laws such as the mortgage fraud statute which covers a wide range of actions. Such prosecution would be much more likely against someone who could not be disciplined by the board IMHO.
     
  8. DTB

    DTB Elite Member

    56
    Jun 11, 2004
    Professional Status:
    Certified Residential Appraiser
    State:
    Illinois
    Reading through the various States' disciplinary actions from time to time it would appear that very, very few are for any fraud involvement.
     
  9. Mike Garrett RAA

    Mike Garrett RAA Elite Member

    36
    Jan 14, 2002
    Professional Status:
    Certified Residential Appraiser
    State:
    Colorado
    We had a case in Colorado similar to what you are talking about. Appraiser had a whole bunch of complaints and subsequent actions by the board. The state had no way to enforce the actions. To the best of my knowledge, the appraiser was able to keep his license in the new state as there were no complaints or violations there.

    I also know of another appraiser who was granted a license in Colorado and falsified his application by stating he had no criminal convictions. No action was taken by the Colorado Board and he is still appraising here.
     
  10. Couch Potato

    Couch Potato Elite Member

    0
    Mar 15, 2004
    Professional Status:
    Certified Residential Appraiser
    State:
    North Carolina
    My comment was specific to Florida where any false statement on an appraisal constitutes "mortgage fraud." Have you noted any discipline for inaccurate property descriptions or other misstated facts? How about checking "did inspect" by a supervisor who did not inspect the property? All of those are fraud in Florida should the authorities decide to prosecute.
     
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