Real Estate Appraisal Forum

appraisersforum.com logo
The Premiere Online Community for Real Estate Appraisers!
 Fastest Way to Find a Real Estate Appraiser Enter Zip Code:
 
 
Go Back   Appraisers Forum > Real Estate Appraisal Forums > General Appraisal Discussion
Register Help Our Rules Calendar Archives Mark Forums Read


Closed Thread
 
Thread Tools
  #1  
Old 06-29-2011, 04:00 PM
CSP 49 CSP 49 is offline
 
Join Date: Dec 2008
State: Florida
Professional Status: Certified Residential Appraiser
Posts: 550
Default In this scenario are you complaint proof?

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.
Sponsored Links

  #2  
Old 06-29-2011, 05:15 PM
George Hatch's Avatar
George Hatch George Hatch is offline
 
Join Date: Jan 2002
Location: Carlsbad, California
State: California
Professional Status: Certified General Appraiser
Posts: 15,775
Default

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  
Old 06-29-2011, 05:18 PM
Joyce Potts's Avatar
Joyce Potts Joyce Potts is online now
 
Join Date: Feb 2005
Location: Central Florida
State: Florida
Professional Status: Certified Residential Appraiser
Posts: 8,076
Default

The better question if you give up your license are you outside the regulatory jurisdiction retrospectively.

Think it through CSP49.
__________________
If you have something to say,
keep your mouth shut!
  #4  
Old 06-29-2011, 06:17 PM
CSP 49 CSP 49 is offline
 
Join Date: Dec 2008
State: Florida
Professional Status: Certified Residential Appraiser
Posts: 550
Default

Quote:
Originally Posted by Joyce Potts View Post
The better question if you give up your license are you outside the regulatory jurisdiction retrospectively.

Think it through CSP49.
Thought it through, still don't know. What's the answer?
  #5  
Old 06-29-2011, 07:18 PM
Joyce Potts's Avatar
Joyce Potts Joyce Potts is online now
 
Join Date: Feb 2005
Location: Central Florida
State: Florida
Professional Status: Certified Residential Appraiser
Posts: 8,076
Default

Quote:
Originally Posted by CSP 49 View Post
Thought it through, still don't know. What's the answer?
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?
__________________
If you have something to say,
keep your mouth shut!

Last edited by Joyce Potts : 06-29-2011 at 07:42 PM.
  #6  
Old 06-29-2011, 07:18 PM
Pilgrum's Avatar
Pilgrum Pilgrum is offline
 
Join Date: Mar 2005
State: Nevada
Professional Status: Certified Residential Appraiser
Posts: 2,702
Default

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  
Old 06-29-2011, 07:38 PM
Couch Potato's Avatar
Couch Potato Couch Potato is offline
 
Join Date: Mar 2004
Location: Chapel Hill
State: North Carolina
Professional Status: Certified Residential Appraiser
Posts: 14,075
Default 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.
Quote:
Discipline.—The board may deny an application for registration or certification; may investigate the actions of any appraiser registered, licensed, or certified under this part; may reprimand or impose an administrative fine not to exceed $5,000 for each count or separate offense against any such appraiser; and may revoke or suspend, for a period not to exceed 10 years, the registration, license, or certification of any such appraiser, or place any such appraiser on probation, if it finds that the registered trainee, licensee, or certificateholder:
__________________
"Give a man a gun and he can rob a bank. Give a man a bank and he can rob the world."
  #8  
Old 06-29-2011, 08:59 PM
DTB's Avatar
DTB DTB is offline
 
Join Date: Jun 2004
State: Illinois
Professional Status: Certified Residential Appraiser
Posts: 7,722
Default

Quote:
Originally Posted by Couch Potato View Post
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.
Reading through the various States' disciplinary actions from time to time it would appear that very, very few are for any fraud involvement.
__________________
Appraising, picking up nickels in front of a steamroller.
  #9  
Old 06-29-2011, 09:11 PM
Mike Garrett, RAA's Avatar
Mike Garrett, RAA Mike Garrett, RAA is offline
 
Join Date: Jan 2002
Location: Colorado Springs, CO
State: Colorado
Professional Status: Certified Residential Appraiser
Posts: 20,728
Default

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.
__________________
A Former AQB Certified USPAP Instructor
  #10  
Old 06-29-2011, 09:13 PM
Couch Potato's Avatar
Couch Potato Couch Potato is offline
 
Join Date: Mar 2004
Location: Chapel Hill
State: North Carolina
Professional Status: Certified Residential Appraiser
Posts: 14,075
Default

Quote:
Originally Posted by DTB View Post
Reading through the various States' disciplinary actions from time to time it would appear that very, very few are for any fraud involvement.
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.
__________________
"Give a man a gun and he can rob a bank. Give a man a bank and he can rob the world."
Sponsored Links

Closed Thread


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump




Copyright © 2000-, AppraisersForum.com, All Rights Reserved
     Terms of Use  Privacy Policy
AppraisersForum.com is proudly hosted by the folks at AppraiserSites.com

Fastest Way to Find a Real Estate Appraiser Enter Zip Code:
Partner Sites:
AppraiserUSA.com - National Appraiser Directory AllDomainsUSA.com - Domain Name Registration
DeadbeatListings.com - Deadbeat ListingsAppraiserSites.com - Web Hosting for the Professional Real Estate Appraiser
Find FHA Appraisers - FHA Appraiser Search Commercial Appraisers - Commercial Appraiser Search
Relocation Appraisal - Find Relocation Appraisers Domain Reseller - Business Opportunity
Home Security Buzz - Home Security Info Radon Testing - Radon Gas Info
My Medicare Forum - Medicare Info Stop Smoking Help - Help Quitting Smoking
CordlessPhoneStore.com - Great Cordless Phones AndroidTabletCity.com - Android Tablet Computers

Follow AppraisersForum.com:          Find us on Facebook            Follow us on Twitter


All times are GMT -5. The time now is 10:33 AM.

SiteMap: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93