Competency Rule

[xm72mhd]

m

You don't have to. Officials in Oregon have no authority over citizens in other states. However, they have authority over you.

I'm thinking they may have jurisdiction if any one attempts any kind of appraisal of real property inside the state boundaries. Elsewise, an appraiser could come into your state appraise and be gone without so much as a thank you, mam.

Part of what gives them jurisdiction is the locus of the property in addition to the licensure of the appraiser.

Whatever, I agree with Tawfik, this crap stinks and it will be stopped, period.

Refuse these orders for these "enhanced" whatevers if you don't have all of the minimum bels and whistles folks. No doubt the ASB, if asked, would come up someting undifinitive so I'll tell you. It is wrong and against USPAP to do this junk.

Peter, turn that crap into Pam. I don't know if she has a category for it, but it is just as bad to undervalue property as it is to overvalue it. It may not be termed mortgage fraud, but its something fraud.

 

[xm72mhd]

Not necessarily. Edd, the last time this came up, I put up a link to one of the many appraisals that the auction companies post on line. Maybe it's a dumb hobby, but I store these reports on CD's. I don't know if you recall, but the one I linked for you had obvious errors and I asked who could spot them. Just at a glance, I noticed some adjustments had the wrong sign, but more importantly, an assembled commercial site in which two of the parcels were on the interior, residential side of the block no rezoned. Both of those observations go to comparable sales and the treatment of them. I never said a thing about the value, but clearly the appraisal as it stands has some problems. What difference does it make if that subject property is right in front of my window or on the other side of the world?

Another point, if you choose to go after someone's competency, don't throw stones from a glass house.

Thanks for the observations. I have no problem with staying wihtin the four corners of the appraisal on review even in situations as you describe.

Are offering to throw stones at me? If so I'm not in a glass house as far as I know. If indeed am, it won't be too long till somebody points it out.
Maybe you knw smething I think I've had hidden from the curious.

Of more interest to me are the regresion methods you mentioned earlier and the site where the auction companies post appraisals. Since I need a hobby, I wold appreciate it if you would post the link again, or the link to the link. I know I might be able to find it if you turn me down, but yhour cooperation wold make it easier for me.

 

[Fred]

I'm thinking they may have jurisdiction if any one attempts any kind of appraisal of real property inside the state boundaries.

First, we are talking about reviews not appraisals. The reviewer is not attempting anything inside the other state’s boundaries.
Second, it is my understanding that we appraise rights not the physical real estate per se. The rights are intangible property and they are not located anywhere.
Third, most banking transactions are federal transactions. The requirements are set by FIRREA and the federal regulatory agencies. The courts have already upheld that the states cannot up-regulate the transactions. FIRREA only says state licensed or certified, not licensed or certified in the same state where the collateral is.

lsewise, an appraiser could come into your state appraise and be gone without so much as a thank you, mam.

It happens all the time. I lose big money assignments to national firms who later drop by to ask for comps.

Since I need a hobby, I wold appreciate it if you would post the link again

I am sure that property was scheduled to auction the same week.

 

[Fred]

Edd,
First, here is the auction site. You can find narrative reports on these auction sites and get an idea of "typical practice."
http://www.defalcoauctions.com/

And surprise, surprise. It's still on their site. Here is the report we talked about.
http://www.defalcoauctions.com/StateRoad84Appraisal.pdf

 

[Tawfik Ahdab]

Oregon regulates appraisers and APPRAISAL ACTIVITY in Oregon.

They could charge these reviewers with unlicensed activity in the state.

Nice try.

 

[Pamela Crowley (Florida)]

Same here if FL, Tawfik. We do have unlicensed activities laws.

 

[xm72mhd]

First, we are talking about reviews not appraisals. The reviewer is not attempting anything inside the other state’s boundaries.

1. We could argue that until cows roost. I think the reviewer in question put himself right into an International Shoe, but that is really a tangent and some court will have to decide whether the guy was appraising or reviewappraising, whether those are the same thing and then if there is GA jurisdiction. My bet is yes, but it will be based on the state's laws and not on FIRREA, since the regulation of appraisers is a state matter at this point and not a federal one. Different with bankers. Nice legal issue though, be interesting to watch it play out.

Second, it is my understanding that we appraise rights not the physical real estate per se. The rights are intangible property and they are not located anywhere.

I still think it is In Rem, but again nice spin even though I won't buy it.

Third, most banking transactions are federal transactions. The requirements are set by FIRREA and the federal regulatory agencies. The courts have already upheld that the states cannot up-regulate the transactions. FIRREA only says state licensed or certified, not licensed or certified in the same state where the collateral is.

See # 1.

It happens all the time. I lose big money assignments to national firms who later drop by to ask for comps.

I am sure that property was scheduled to auction the same week.

Take my advise and spit at 'em next time you come across one, then maybe they will sue like eappraiseIt sued Pam and you can make federal case out of it.

Thanks for the link. I'm still wondering if I'm naked in a glass house. But I guess I won't worry about too much.

 

[Fred]

Oregon regulates appraisers and APPRAISAL ACTIVITY in Oregon.
They could charge these reviewers with unlicensed activity in the state.
Nice try.

Except these "reviewers" are not in the state.

Same here if FL, Tawfik. We do have unlicensed activities laws.

I still see Florida and Oregon properties appraised on Zillow. Zillow has a license?

 

[Fred]

Take my advise and spit at 'em next time you come across one, then maybe they will sue like eappraiseIt sued Pam and you can make federal case out of it.

I don't do those kind of reviews, so I'll just have to do my spitting in here.

 

[Tawfik Ahdab]

My review was not signed by Zillow, but by a registered trainee individual and his certified supervisor individual.

Oh, and by the way Oregon was the first State to issue a cease and desist order against an AVM promoter, but the board was sued and our chicken governor at the time relented.

Steven,

Why not wait and see what my state board will have to say? We'll see if its members feel as impotent as you make them to be.