Anonymous Complaints

[Tom Hildebrandt]

Fellow forumites

All good comments.

My thoughts are that if appraisers wish to be treated as a profession, then we should act as a profession. An appraiser, making a complaint against a fellow professional (at least by virtue of both parties holding a license) should be able to document and report any errors or improper technique that are significant enough to merit agency attention.

Since we we would not expect the same competency in a complaint submitted by a user of our services who is not an appraiser, the anonymous route lets the lazy appraiser off the hook.

Personally, I would welcome removal of anonymous complaints. I did a quick study of professional boards in NC, selecting 15. The vast majority do not accept anaoynmous complaints. Three boards require notarized signatures and two required that the complaintant, as part of submitting a complaint, must be willing to testify. Two boards allowed anonymous complaints (nurse and dentists)

If an appraiser wants to turn in another appraiser, he should be so certain he is right that he will take the time to put the professional issues in writing, and testify.

Regards

Tom Hildebrandt GAA

 

[Dale Smalley]

I think they are done by the State themselves.

 

[Mike Simpson]

"If an appraiser wants to turn in another appraiser, he should be so certain he is right that he will take the time to put the professional issues in writing, and testify."

I see two different potential scenarios to this issue;

#1) An appraiser sees an appraisal--disagrees with the methodology & value opinion--and feels both are so egregious they need to be turned over to the state for review. In that case I say; sure--document your complaints & sign your name.

#2) An appraiser becomes aware of a sweatshop owner who's on vacation to say...Mexico or Hawaii. In their absense reports magically fly out the door with their signature & the "did inspect" box marked.

No need for the accused to FACE their accuser in this instance. It's a FACT, easily proved, and should result in a more thorough investigation of the sweatshop owners daily business practices. THIS IS THE WAY THEY CAUGHT CAPONE--ON A TECHNICALITY, and you can bet there were anonymous tipsters hiding in the wings.

-Mike

 

[Randy Beigh]

#2) An appraiser becomes aware of a sweatshop owner who's on vacation to say...Mexico or Hawaii. In their absense reports magically fly out the door with their signature & the "did inspect" box marked.

It's a FACT, easily proved

Mike

Sometimes, what looks like fact may not be. I would need a lot more information for me to say that the above happened in the way that you see that it happened.

There is, at least, 2 areas in your scenario that bother me. The first is that reports are "magically fly out the door". How could you possibly know that? The second deals with the did inspect box. Maybe, the owner saw the house before he left or after he came back and before the appraisal was sent out.

I am not suggesting the owner is not running a sweatshop, but that what you have sent through as factual proof, isn't. I'm also concerned, as expressed in other posts, that appraisers are so easy to jump all over their peers without knowing the whole situation. Sometimes, we have enough information to make us dangerous.

 

[Mike Simpson]

Randy-

"Sometimes, what looks like fact may not be. I would need a lot more information for me to say that the above happened in the way that you see that it happened."

Since we're talking HYPOTHETICALLY, what if someone got a flight number, or name of a hotel? What if there were others who could substantiate or confirm the allegation?

"The first is that reports are "magically fly out the door"."

In our state...some years ago--an appraiser lost their license for lying blank sheets of paper over printed forms, and signing their name in the appropriate blank spots. In that way--that appraiser didn't have to even be present when reports were packaged. That appraiser didn't lose their license because they were playing by the rules. They (presumably) went on vacation, and somebody else inspected the properties.

"How could you possibly know that?"

What's it matter how an anonymous tipster comes by the information? Why does this society bend over backwards to protect the criminal?

"Maybe, the owner saw the house before he left or after he came back and before the appraisal was sent out."

HYPOTHETICALLY, maybe the owner's female & a male inspected the property, or visa-versa.

"...what you have sent through as factual proof, isn't."

I believe that in my HYPOTHETICAL example--I have.

"I'm also concerned, as expressed in other posts, that appraisers are so easy to jump all over their peers without knowing the whole situation. Sometimes, we have enough information to make us dangerous."

I think you're assuming a great deal. JUST FOR THE RECORD: I'VE NEVER TURNED IN AN ANONYMOUS COMPLAINT TO THE STATE.

When I turned in an appraiser I signed my name, and spoke to the Department.

I believe there are situations in which an appraiser should be allowed to turn in another anonymously (I'm not talking about differences in opinion or methodology--sign your name in those cases). The future of our financial systems would benefit.

-Mike

 

[Dale Smalley]

The main thing to consider as an appraiser is that you will have to defend yourself and your work against the anonymous complaint. Even if if is not a valid complaint by a nobody it still shows on your record. And since you can not beat the state in the Administrative law venue you will have to live with it on your record.

 

[Mike Simpson]

"The main thing to consider as an appraiser is that you will have to defend yourself and your work against the anonymous complaint."

If you've conducted your business in an ethical manner I believe one's little to fear from a frivolous complaint.

I think the much greater danger comes from those manipulating the system to make a lot of money. They've apparently little to fear, and they're making headlines across the nation with increasing frequency.

-Mike

 

[Tom McDowell]

Originally posted by Mike Simpson@Jan 19 2004, 01:09 PM
Why does this society bend over backwards to protect the criminal?

Don't mean to butt in but there is a thing called innocent until proven guilty.

 

[Mike Simpson]

"Don't mean to butt in but there is a thing called innocent until proven guilty."

Agreed, b-u-u-u-t you've quoted me out of context...you've forgotten the sentence in front of the question.

What's it matter how an anonymous tipster comes by the information?

If somebody knows that Billy boarded a plane or took a train on an extended vacation, or was incarcerated for a week or two, or had an operation and needed to recover, or went deepsea fishing in another state for a few days (or any other HYPOTHETICAL you can dream up)...on such & such a day @ such & such a time, and came back on such & such a day @ such & such a time...

...times when their signature and the "did inspect" box is checked--conflict with their actual whereabouts...

...times that employees know full well their employer didn't inspect a particular property, and were elsewhere...

...then what's the big hullaballo about...say an employee providing an anonymous tip?

-Mike

 

[David C. Johnson]

Mike,

You write as follows:

"Why does this society bend over backwards to protect
the criminal?"

"If you've conducted your business in an ethical manner
I believe one's little to fear from a frivolous complaint."

I am not saying that you do not make good points, some of us are just saying that history has shown there exist other, perhaps even greater, concerns. Sometimes it is the very fact that someone has conducted their business in an ethical manner that puts them at professional risk. Regardless, defending yourself is not cheap, and it is always a crap shoot.

Motivations on the part of the accuser often are very germane. Here's an example, in Russia, I've heard one can eliminate their retail competition by turning them into the "proper" authorities. It is a violation of local ordinances not to have bars on your store windows, but a violation of "federal" law to have bars on your store windows (or vice versa, I don't remember, but you get the idea.)

One other general point:

False witnesses and trumped up charges are older than Rome (I believe it was a democracy too).

That's how they tried to get Jesus, isn't it?

dcj