Anonymous Complaints

[David C. Johnson]

Mike,

OK, I think most of us would agree there are some circumstances where an Anonymous Complaint would probably be OK. But I believe deciding one way of the other is the way to go, and that the best decision -- for all of the reasons discussed in this thread -- is to not allow them. Of course, a state board could opt for maintaining and publishing a list of situations where Anonymous Complaints are OK. While I'm hesitant to give my own state board any ideas, the following is an example of how the "sometimes YES, sometimes NO," arrangement might work:

For example:

Currently Acceptable Circumstances for Submitting an Anonymous Complaint

In this state, as an appraiser, you may submit an unsigned Anonymous Complaint if the complaint is due to any one or more of the following-type 406 reasons:

1. Certified signatory has been certifiably deceased for a minimum of four (4) years. Please included copy of death certificate, obituary clipping, grave stone photo, etc. with your Anonymous Complaint. The answer is No. "Brain Dead" is subjective and is not deemed acceptable -- such Anonymous Complaints are DOA here at the Board, however we do recognize the quandary -- see "Synonymous Complaints" section.

2. None of the comps cited and analyzed in the report actually exist, AND it least one or more of the following deficiencies can be substantiated by the Anonymous Complainer: Neither does the subject property itself, OR the subject city, OR the alleged subject state (e.g., we've seen a rash of reports with properties in "New Kentucky" recently). This office currently handles New Kentuckies, New Englands, and the States of East Virginia and West Oklahoma, as well as "Old Washington State" and "Semi-Solid State", all other bogus states should be submitted directly to Washington (Note: That's "AC", not "DC")

3. Alleged Appraiser Offender has already killed (and/or badly maimed) one or more Non-Anonymous Complainer(s). Please included copy of death certificate(s), "hit contract(s)," state mug shot(s), or simply a copy of applicable hospital bill(s), whichever are/is appropriate with your Anonymous Complaint.

4. (You get the idea...)

dcj
_____________

No, sometimes I actually do get reports out on time.

 

[Randy Beigh]

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


Amendment XIV

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Mike

Both of these amendments mention due process. If somebody, secretly, turns you in, how can you due process?

Sorry about the humor. Didn't think you took yourself that seriously. Won't happen again.

It is not that nobody wants to have anything happen, but that it must be done in ways to not deprive citizens of their constitutional rights.

 

[Mike Simpson]

Anonymous tips are not uncommon, and happen everyday in every major city throughout the United States.

I don't think due process refers to anonymous tips (I'm not an attorney...so I'm not positive).

The sweatshop comment caught my attention, because they are a MAJOR problem...not just in my area, but many areas throughout the U.S.

They're not "beloved" by Mike. Their existence damages ethical appraisers businesses, and credibility--that's you and me. Just the fact they operate at all, and nothing seems to be able to stop them is of concern to me.

-Mike

 

[Terrel L. Shields]

"Anonymous tips are not uncommon"

And most are meaningless. Our board chases these complaints at the expense of the subject of the tip...with or without merit. Cops do not arrest anyone upon an anonymous tip, but rather may focus on the subject in an effort to confirm a violation occurs. The tip will never be submitted as evidence. In the case of administrative boards they are not so constricted and often attempts to punish via the notorious agreement letter between board and victim. I would never sign one of these. I trust a court far more than a board of my so-called peers...who just happen to also be my competition.

 

[Mike Simpson]

"Cops do not arrest anyone upon an anonymous tip, but rather may focus on the subject in an effort to confirm a violation occurs."

"The tip will never be submitted as evidence."

Both seem acceptable and reasonable

 

[Mike Simpson]

After reading this thread--I'll never turn in an appraiser (or anyone else for that matter) anonymously.

You learn something by debate--even if you don't necessarily agree the other sides argument.

Thanks,

-Mike

 

[Farm Gal]

Mike:

Upholding my SDA personna I will confess to having filed a couple anonymous complaints to our state board, but MOST I sign my name to...

The few I DID file anonymously were attributable to a officemate being called before the board to answer why he did not have matched pairs IN the specific workfile on a review he did.. The reviewed report contained sooo many errors of ommission and commission as to result in a fairly flaming entirely justified adverse review...Which BTW did not fail Std 3. We filed a complaint AND the CLIENT sent both reports to the state ... Upshot of the state investigation was that the reviewer got into as much if not more trouble than the original appraiser Final disposition was no penalty to the reviewer, but many many lost hours of productivity resulted from the original client and appraiser's counter complaint.

For years even if presented with truely awful reports for review, we were pretty chary of turning in a signed complaint to the state.

The ones I filed anonymously were brown bag versions resulting from a particular appraiser with work-product sooo far over the line (mostly 'mobile' homes) what a surprise... <_< that the owners were so upside down as to preclude ever getting out of them intact if they sold in the first 10+ years don't yell at me Jo-Ann.. those really were what were then called mobiles

SOooo the state fishing expedition had a real adverse effect on our desire to assit in self-policeing... <_< repurcussions CAN happen.

I still maintain that all things being equal, an appraiser SHOULD have the guts to sign a complaint. Sometimes things are not equal.

 

[Bill Wintermyer]

Anonymous complaints to state boards should not be allowed.. PERIOD....... Just as if you were to file a complaint against a doctor, lawyer, or auto dealer you would and should be held accountable for the complaint. Per USPAP, appraisers have a duty to notify the lender of the discrepancies noted within a report. The lender should be the one to make the complaint. Mainly because you do not know the scope of the assignment and / or the attended clients / users. Unless it was a review appraisal. As stated before, appraisers should not police themselves due to unwarranted claims and retaliation against another appraiser.

Prime example would be appraiser A completes a report. Appraiser B gets a partial portion of that report and finds what is thought to be erroneous errors in the form of the subject and comparables GLA being different than county records. Appraiser B did not get the comment addendum that was included in with the original report that specifically stated that county records sometimes are not accurate and the GLA used in his / her appraisal were from recalculations of county data to the correct GLA. I. E. the county personal entering the data should have only put in 1/2 GLA for a 1.5 story but entered 2 story calculations.

The correct procedure would be to notify the client and let them look at all the information they have. Then if they believe there is fraud involved, be the one to make formal charges.

IMHO

Bill

 

[Bill Wintermyer]

This supports my conclusion...

Referrals

Financial institutions are encouraged to make referrals directly to state appraiser regulatory authorities when a State licensed or certified appraiser violates USPAP, applicable state law, or engages in other unethical or unprofessional conduct. Examiners finding evidence of unethical or unprofessional conduct by appraisers will forward their findings and recommendations to their supervisory office for appropriate disposition and referral to the state, as necessary.

http://www.FDIC.gov/regulations/laws/rules/5000-4800.html

 

[Farm Gal]

Bill:

Sadly most of the clients do not care... in fact all they want is a clean review.

And if you work in an area where a certain appraiser's work gets repeatedly review-shopped to numerous appraisers in the area with intent to find ONE who will give it the good ol rubber stamp?... Where it is obvous that certain clients have called upon numerous appraisers and actually ordered reviews, trashing the ones which state significant problems, so they can sell the loan forward and get it off THIER books...? <_<

And most importantly: where a complainant appraiser/reviewer is subject to sanction FOR HIS OR HER REVIEW if forwarded directly to the state???

...When a specific appraiser is commented upon (by initials only~with lots of winks and nods) at nearly every gathering of professionals in your area FOR YEARS ... what should a responsible appraiser do? The lender clients were obviously not doing anything.