Anonymous Complaints

[rcsone]

forgot.

.....if not all, most state boards do not have the personnel to adequately handle existing, established complaints due to finances......why add some more unburnable material to the fire?.......best to all...........rs

to add that this comment applies to Anyoldmouse Complainings...rs

 

[Elliott]

Terrel said, They know they have the resources of the state to back them. They can hire any expert, pay any fee, and have an entire phalanx of lawyers try their side....You have E & O...who wants to settle or you have your own pocketbook.

As in Re: Ray Miller v State of WI, they know not what they do, so even a mildly
competent private attorney, given the forum of a 'real' court does pretty good.
And state administrators get fired when they pull crap which can happen when
they get arrogant.

 

[Analytical]

Terrel,

On the subject of anonymous complaints the Arkansas Board Newsletter, March 2, 2004
states "the fact that the board now accepts anonymous complaints, a concept I view as a double edged sword. The positive side of this is that an appraiser/citizen, especially in small town Arkansas now feels free to file a valid complaint without fear of possible backlash. But, the negative side of the concept is the appraiser/citizen is also afforded the opportunity to file valid or invalid complaints motivated by vindictiveness or spite. The board suspects this happened during 2003. Please remember the old saying that if you live in a glass house, it is not wise to throw rocks at your neighbors."

This was the board chairman's opinion at that time, and it makes sense.

 

[Brian Weaver]

About 40% of appraisal complaints that come to us in Illinois are anonymous. 90% of the anonymous complaints are written by appraisers (based upon jargon and comments used). Consumers almost NEVER submit anonymous complaints. Real estate agents and brokers NEVER submit anonymous complaints. Assessors NEVER submit anonymous complaints. Lender QC departments NEVER submit anonymous complaints. GSE's NEVER submit anonymous complaints.

So...basically...appraisers are the ones that drive anonymous complaint volume. If you think its a bad idea...then don't do it.

That was easy.

 

[xmmcsmielr]

A rattler and a shotgun blast

Arizona accepts anonymous complaints.

While I never turned in an anonymous complaint and never will, I think it is important that the regulatory authority consider them for a variety of reasons.

The main reason that anonymous complaints are a good idea in Arizona is that the incompetent Arizona Board only slaps the wrists of the appraisers who commit the most egregious violations, and, in many of those extreme cases, the AZ BoA actually dismisses crimes, like fraud and forgery, without any investigation.

So, the only result from my signing ~eight complaints about major USPAP violations during the past ~12 years is to make blood enemies of the authors of those lousy reports. Due to the lack of any effective penalty in Arizona, those appraisers continue their lying without abatement. Nothing changed in the way those appraisers operate.

The most serious consequences of my signing complaints are a four foot long diamondback rattlesnake dumped into my back yard and a shot gun blast to a directional street sign in front of my house. I cannot prove who did those things. However, the authors of the reports I've turned in to the AZ BoA are suspects.

Many appraisers won't consider reporting even the most serious USPAP violations due to weak back bones, particularly if there is a chance of facing a poisonous snake or gunfire. Anonymity allows safe participation in USPAP enforcement without having to take up arms, or having to wear fang proof shin guards or having to install video surveillance with off-site recordings.

I shot the rattler before it struck one of my dogs or my wife or me, and no shotgun pellet hit my house.

If there had been more serious damage from venom or lead, I would have scalps of several lousy appraisers on my yard light pole, and my same signature from the complaint letters sent to the AZ BoA would be tattooed on several licensed foreheads.

 

[Terrel L. Shields]

Assessors NEVER submit anonymous complaints

Dept. of Transportation appraisers do... at least in 2 states I know. One cost a fellow over $50,000 in legal fees to clear his name...killed his R-O-W business because during testimony the DOT atty's knew that he was being investigated. At the time 2 DOT appraisers set on the board. He should have sued the board over it.

The other case took nearly 6 mo. and again by the language used and the party involved, no one but the State Hwy Dept could have filed the complaint. He was cleared but once again it took months...months that a cloud hangs over you. No state employee should be allowed to make an anonymous complaint. Frankly, I think that the boards should never accept them but should shield a name upon request if the complaint is from a third party (i.e.- not the client.)

four foot long diamondback rattlesnake dumped into my back yard and a shot gun blast to a directional street sign in front of my house.

can you really prove that these acts were not random, or that the snake wandered in? I found a snake in my office. I doubt anyone put him there. If it were in my mailbox, i might think otherwise.

 

[Dutchman]

I believe that the notion of facing one's accuser does not carry over to the complainant. I believe that after an investigation of a complaint by the state board, the state board becomes the accuser when it decides to start what is a warranted action in their view.
This applies in criminal law and that's why it says State of .... vs John Doe. Same thing goes for boards,
the state ACLB vs John Doe Appraiser and it doesn't say Bob Smith Appraiser vs John Doe Appraiser.

 

[xmmcsmielr]

Terrel L. Shields asked, "can you really prove that these acts were not random, or that the snake wandered in?"

No. I cannot. Just like my post said: "I cannot prove who did those things."

The timing of both events made me suspect one liar, who calls himself an appraiser .... one of the men I report to the AZ Board of Appraisal. This guy is a mental case, who a former co-worker said used to leave bullets and little drawings of a hanged man with the co-worker's name written below the scaffold on the co-worker's computer keyboard. The co-worker had been critical of that crazy person.

But, no proof.

Now, if something like that happens again, there will be video documentation recorded off premises to be used in at least criminal and civil prosecutions.