• Welcome to AppraisersForum.com, the premier online  community for the discussion of real estate appraisal. Register a free account to be able to post and unlock additional forums and features.

Anonymous Complaints

Are anonymous complaints a good idea or a bad idea?

  • yes - Good idea

    Votes: 0 0.0%
  • No - Bad idea

    Votes: 0 0.0%

  • Total voters
    0
Status
Not open for further replies.
You truly need to know who is filing the complaint and why. There is an incident here in Texas. Appraiser did a home, got foreclosed on (FHA). Problem was by the time they got around to reviewing the appraisal, some of the comps had been foreclosed on as well and trashed out. Reviewer said that based on the review of the comps (trashed), there was no way the property was originally worth what is was appraised for. Now, there's a fraud investigation against the original appraiser where in fact it might be that the investigation should be focused on the reviewer.

Roger
 
No, bad idea.

Not only that but it is an infringement on my basic legal rights under the constitution. The right to face your accuser is a basic legal right of law and part of due process of law.

If someone files a complaint against me, then they should have guts enough to not only face me but to justify their complaint, I have a right to justify my position also. That is the law of the land that many of you have forgotten or did not learn in school. How else would you have to prevent someone from assassinating your good name with baseless accusations.

I have had one complaint filed against me, the dept. found it to be baseless and since it did not create any problems or consume any time on my part I let it go when they would not give me the name of the complainer. But, I had made up my mind that if it had, that I would have contacted the ACLU and filed a lawsuit against the dept. for infringing on my rights. I think the ACLU would love to take this type case on. Watch it will happen.
 
Originally posted by RStrahan@Jan 17 2004, 11:38 PM
You truly need to know who is filing the complaint and why. There is an incident here in Texas. Appraiser did a home, got foreclosed on (FHA). Problem was by the time they got around to reviewing the appraisal, some of the comps had been foreclosed on as well and trashed out. Reviewer said that based on the review of the comps (trashed), there was no way the property was originally worth what is was appraised for. Now, there's a fraud investigation against the original appraiser where in fact it might be that the investigation should be focused on the reviewer.

Roger
I might be confused, so bear with me. In this case, why would the idenity of the person who filed the complaint be important in a fraud investigation. Whomever did the review of the report obviously did not do a good job of it, as it sure sounds like he based the review on current market conditions, and not on the market conditions as of the effective date of the appraisal. The original appraiser should be able to pull his file, show the MLS information on the original sales, and give evidence of their condition as of the date the he performed the original appraisal.

Now, if you are saying the idenity of the review appraiser should be know so another investigation can be started to see why he did a bad job, you might have a point, but I doubt the appraiser was the one to file the complaint - I'm willing to bet it was HUD or another investor who filed the complaint.
 
Originally posted by Steve Wyrick@Jan 18 2004, 02:15 AM
No, bad idea.

Not only that but it is an infringement on my basic legal rights under the constitution. The right to face your accuser is a basic legal right of law and part of due process of law.

If someone files a complaint against me, then they should have guts enough to not only face me but to justify their complaint, I have a right to justify my position also. That is the law of the land that many of you have forgotten or did not learn in school. How else would you have to prevent someone from assassinating your good name with baseless accusations.

I have had one complaint filed against me, the dept. found it to be baseless and since it did not create any problems or consume any time on my part I let it go when they would not give me the name of the complainer. But, I had made up my mind that if it had, that I would have contacted the ACLU and filed a lawsuit against the dept. for infringing on my rights. I think the ACLU would love to take this type case on. Watch it will happen.
Again, I'm confused - I think some of the reason this debate continues is the type of complaint would make the knowladge of the accuser important.

If a complaint is filed over a report that was submitted, and the accuser assumes fraud due to a review that was performed, or the loan went into foreclosure and they lost money over it, why does the name of the accuser matter?? As far as I am concerned, the actual accuser would be the report. You have to respond as to what is contained in the report.

Just knowing the name of the person who filed the complaint doesn't change ANYTHING about the nature of the complaint.
 
A very interesting line of comments on a pertinent topic of the day. We have read many-a-time here in the Forum about the better, quicker, more-effective process of "turning the other guy in" and bringing something to the attention of a higher authority so that they can "put an end to...."...what ?, a person, a manner of appraising, different opinion, local competition ? The poll introduced dealt with the anonymous complaint. And, then there are the other out-in-the-open complaints. Were there as many actions taken, or words spoken, about the entire complaint process back in 1998 through late summer of 2001 ? Are complaints being cranked up because many may have more time on their hands than compared to last June or July ?

I attended our last State Board's meeting less than two weeks ago. There was a segment of discussion on the complaint process, and they shared their general numbers on the matter and made remarks about policy toward them. There are clearly several types of complaints that can come in. The anonymous variety has two forms, the "Plain Brown Wrapper" and the "Shy Complainant". The B.P.W. type arrives usually as a B&W copy of a report, with no return address on the envelope, and maybe the scantest of a sticky note stuck to the cover page....saying the likes of..."read this, and do something about it !" The Board feels that the predominance of these are from disgruntled 3rd parties, and not the legitimate user or party directly engaging the appraiser, and are thus not warranted for the Boards commitment of time and resources. There can be a line-in-the-sand sometimes. The contents are re-mailed to the respondent/appraiser with a note of FYI, we received this, and no investigation is being opened.

The S.C. type wants their identity NOT to be disclosed in any phase of a possible investigation thereupon. These pose their own set of added problems as the Board feels the respondent has a right to face an accuser. Usually the SC variety have more of a written memo explaining how this complaint is sourced, and an enhanced reason for why it serves the Board and citizens of the state for a closer look to be carried out. Usually, the respondent is contacted and the normal process follows. When a complainant blatantly starts throwing out the accusatory "F----" word, they find that far more is resolved at-hand when the approach becomes one of simply identifying issues of Negligence and (lack of) Competency. Fraud does not come into play as often as some complainants might feel.

They find it very critical to differentiate between legitimate users ill-served by an appraiser and their report, where harm has been done, or a party has experienced a true loss, or violations of appraiser standards or state or federal law are involved.......compared to the situation where non-users, who had no direct reliance upon a report product, who never engaged the appraiser in the first place...approach the Board with a different motive. They clearly know they do not have the manpower, time or financial resources to play a role of Reviewers-Are-Us .....at the drop of a hat.....for whoever makes the phone ring or mails something with very little or no explanation.
 
HYPOTHETICAL

Many assume the accused is an upstanding member of society with the RIGHT to face their accuser(s).

However, what if the accused conducts their business in such an egregious manner that they pose a danger to our financial systems?

Would it be a jump in logic to consider this individual capable of other crimes? If they're already breaking the law on a daily basis...what's to lead us to believe they aren't capable of harming their accuser? Or retaliating against the accusers family?

The evidence should speak for itself.

-Mike
 
Mike,

Would it be a jump in logic to consider this individual capable of other crimes? If they're already breaking the law on a daily basis...what's to lead us to believe they aren't capable of harming their accuser? Or retaliating against the accusers family?

The evidence should speak for itself.

I hear you, but I do think it is a pretty big jump and I have not seen any significant evidence of this happening.

Using the same logic though I think there is another reason to not accept anonymous complaints. If the appraiser is doing things totally wrong, signing as inspected when not, manufacturing value, running fast and loose with the rules and USPAP, lying or participating in flipping, then what would keep them from "creating" reports and or complaints to send to the state or HUD as a way to either get rid of competition, tie up the process and boards time or deflect any heat coming their way?

I personally think that is more likely than them coming over to your house or your business with the baseball bat.

I do understand your concerns for the safety of your family, business and reputation. I would think that would cause us to think long and hard before making the decision to send information to the state.

But in the end, if I think someone is breaking the law, AND I think it is my responsibility to initiate a process for doing something about it, I think I need to be held accountable as well for my part in that process, especially if my motivation is poor or malicious.
 
Tom-FYI Ohio requires a signed complaing and Kentucky will accept an anonymous complaint.
 
"what would keep them from "creating" reports and or complaints to send to the state or HUD as a way to either get rid of competition, tie up the process and boards time or deflect any heat coming their way?"

I doubt seriously this is scenario is happening at all. In fact "creating" reports would tend to draw attention to such entities.

"...I personally think that is more likely than them coming over to your house or your business with the baseball bat."

In my youth I tired of seasonal layoffs (construction) due to snow. I had the bright idea to work @ a Maximum Security Prison. You'd be amazed at the petty crimes people committed who were on death row.

"...I think it is my responsibility to initiate a process for doing something about it, I think I need to be held accountable as well for my part in that process,..."

I've taken the responsibility before. However, if it can be proven that a licensed appraiser went on vacation (one example) & reports were completed by their unlicensed trainees in their absense (i.e., the licensed appraiser cannot possibly be at two places at once), and the reports were signed "did inspect"--I don't see why the "whistle blowers" identity need be revealed.

HYPOTHETICALLY--I'm not debating differences of opinion, or appraisal methodology (although that could be debated as well). Anonymous tips regarding various crimes are given to the police, FBI, etc., all the time--in every major city throughout our nation.

Evidence should be considered based on the merit of the evidence (like the vacation scenario), and I don't see why the person providing that evidence need be named.

-Mike
 
Status
Not open for further replies.
Find a Real Estate Appraiser - Enter Zip Code

Copyright © 2000-, AppraisersForum.com, All Rights Reserved
AppraisersForum.com is proudly hosted by the folks at
AppraiserSites.com
Back
Top