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ASC DISCIPLINE NOTICES - AZ & CA were busy

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Pamela Crowley (Florida)

Thread Starter
Elite Member
Joined
Jan 13, 2002
Professional Status
Retired Appraiser
State
Florida
This email provides a listing of appraisers against whom a State
appraiser regulatory agency has taken disciplinary action and a listing of
appraisers whose license or certification on the National Registry has
expired. Appraisers named on this listing are not eligible to perform
appraisals in connection with Federally related transactions unless and
until their credentials with the State have been reinstated. Information
in this listing is based on the most recent data submitted by the State
appraiser regulatory agencies.

DISCIPLINE NOTICES FROM 9/26/2002

ST License # Last Name First Name Action Effective Expiration
-- --------------- ---------- ---------- ----------- ----------
----------
AZ 30538 LEE ROY Suspended 08/12/2002

CA AR013328 Law J. Douglas Suspended 09/01/2002 - 9/30/2002

AZ 10563 TUREK MISTY Revoked 05/03/2002

CA AL009190 Hickoff Kahala Revoked 04/25/2002

CA AR016264 Tran Son Revoked 07/23/2001

AZ 20976 CRUM ROBERT Surrendered 05/22/2002

AZ 20724 PEASE CAROL Surrendered 05/31/2002

CA AR020557 Bales Gregory Surrendered 05/05/2002

CA AR008399 Hood Ira Surrendered 05/15/2002

CA AR018407 Muller Alicia Surrendered 05/31/2002

CA AR012282 Zaragoza Hector Surrendered 02/05/2002



Anyone here know the story behind these disciplinary actions?
 

Tim Hicks (Texas)

Elite Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
Texas
Please read the Joe Bob Moncrief notice. He was actually convicted to 20 years.
 

Farm Gal

Elite Member
Joined
Jan 14, 2002
Professional Status
Licensed Appraiser
State
Nebraska
They have handed out some pretty healthy fines and education requirements! GOOD :twisted:

What is a 'probated suspension'? :?
 

Pamela Crowley (Florida)

Thread Starter
Elite Member
Joined
Jan 13, 2002
Professional Status
Retired Appraiser
State
Florida
Every appraiser should be sent a copy of the disciplinary explanations by mail. The ones that really need to see this never do.
 

David S. Roberson

Senior Member
Gold Supporting Member
Joined
Jan 16, 2002
Professional Status
Certified Residential Appraiser
State
Tennessee
Lee Ann;

I'm guessing here, but I bet probated suspension means they can still appraise, but are on "probation" so if they screw up again, they suffer the original punishment and any new punishment as well.

Most of these clowns only had to take a couple of courses for multiple violations. What a joke!
 

Lee in L.A.

Elite Member
Joined
Jan 24, 2002
Professional Status
Certified Residential Appraiser
State
California
A few months ago I rejoiced to see a certain appraiser, who's work I had shot down in review more than once, suspended or revoked, I forget which. Later I looked at the OREA web site, reinstated. :(

And this was some of the the worst examples of an appraisers work I'd seen. Can you say PUSH the value. :x Never saw work from the same appraisers all that much, so as to make a list, but this one stuck out like a sore #@$.
 

George Hatch

Elite Member
Gold Supporting Member
Joined
Jan 15, 2002
Professional Status
Certified General Appraiser
State
California
I had a situation once several years that involved an appraiser who got some discipline for something by the state. In this case, it was apparently sufficient to get his name published in the state newsletter. I was using that copy of the newsletter to illustrate to a CE class that I was teaching that the state appraisal board commonly disciplines appraisers for things that don't necessarily involve the appraised value in an appraisal report. I held up the copy of the newsletter on the "Enforcement Actions" pages and started reading out what the state had published that these people were found to have been guilty of, as well as the penalties assessed. Someone in the class recognized one of the "descriptions" and asked if that reference was "so-and-so". I looked at the name and confirmed his guess. Apprarently, "so-and-so" had earned at least a little local noteriety by that time.

Among other allegations, it was alleged that in running his fee shop, one of the largest in the county at the time, the state had determined that he was single signing appraisal reports without acknowledging that they were performed by others and that he had not personally inspected. Classic sweat shop stuff. The state had put him on probation for that.

About a week later, I get a phone call at home at 11:30 at night. An obviously drunk "so-and-so" was on the line, threatening me with a $3,000,000 lawsuit because I had allowed his name to come up in my class, and he had heard from one of his fee shop minions also in attendance that during one of the breaks several participants in the class were outside gossiping about the details of "so-and so's" case. He told me that because of this gossip, a couple of staff appraisers in my class went back, found his name on their approval list and promptly cut him off. So he was holding me responsible for his losing a $12,000/month account, his point being that I had no way of knowing if the allegations were true and had no right to allow his name to be held up to ridicule and to be the subject of gossip.

I let him rant and told him I had nothing to do with gossip that occurred outside of my class. But I otherwise just held my tongue, which, as I'm sure most of you can guess, was a big personal challenge for me. I didn't want to make things worse with him in the event there was a case in there somewhere. Of course, I never heard back from him or his attorney after that. As a side note, you can be sure that I never allowed any appraiser's name to ever come up in any of my classes after that. I'd like to think I'm smart enough to learn from my mistakes.

About 6 or 9 months later, the state revoked his license for failure to abide by the conditions of his probation. I never heard the specifics of that, but I would guess that some folks have a tough time changing their habits.

So I reckon the moral of the story is this: just because the appraiser didn't lose their license straight off doesn't mean the problem won't get solved in the long run. An appraiser who has faced state board discipline, even if the charges are unfounded, is going to be very hesitant to do anything that even looks funny after that. If they are truly innocent or if can learn from their mistakes and go on to be a productive member of our community, so much the better. If they can't reconcile to do the right thing, they'll be judged much more quickly and harshly by the state board for subsequent allegations. Either way, the problem gets solved. I doubt that 3rd chances are easy to come by, even from a state board.

George Hatch
 

Austin

Elite Member
Joined
Jan 16, 2002
Professional Status
Certified General Appraiser
State
Virginia
I had an interesting one today along the same lines in a divorce settlement case. I was called by the man involved because his wife had hired a local fee shop residential appraiser to appraise the property for her and he came up with $212,000. About 18 months ago he did the mortgage loan appraisal and appraised it at $265,000. This was a three year old good quality 2,444 sf rancher with full basement, detached 30 x 40 shop building with heat and air on 14 acres of land. I was hired to verify if $212,000 was a reasonable price estimate for the man’s lawyer who seriously questioned the estimate.
I went to the tax and clerk of court office and found that the site was 14 acres consisting of three separate adjoining subdivision tracts all zoned single family residential, two lots were about 2 acres and one lot 10 acres. The tax records had all of the buildings on the wrong lot. I got a copy of the survey plat and the client and me went into the field, found the stakes and found that one lot was vacant, one lot had the detached garage/shop, and the 10-acre lot had the dwelling. The client is in the HVAC business. He contracted the job himself doing a lot of the work with a total cost of $180,000 plus he did all of the HVAC, plumbing, and electrical work he estimated at $10,000 which is way low. The site value was clearly around $20,000. This is with no profit involved and a high quality brick home with hardwood and ceramic tile floors, rock fireplace, wrap around 920 sf front porch, full basement, deck, and covered back porch, etc. That adds up to about what this guy appraised the entire combined tract for as if one tract ignoring the highest and best use and the fact that there were three legal tracts. When I added it all up, it came to about $260,000 which is the number this appraiser put on it the property 18 months ago. I can’t believe anybody could be dumb enough to appraise the same property twice for the same client and show a $48,000 lower value difference and never consider that the property was three separate legal subdivision lots.
About a year ago I was hired by a local law firm to read an appraisal this appraiser had done and prep the lawyer to question the appraiser at the trial. I played the part of the lawyer and the lawyer was the appraiser and I questioned him. After about two minutes the lawyer said: “Darn Austin. I don’t want to destroy the guy. He weights 250 pounds and his office is just down the street. I don’t want to get killed over this case.” It was a restaurant that had been destroyed by fire, obvious arson. The business interest and fixtures had just been sold to the tenant and the real estate was under lease. Three months after the lease was signed and the business/fixtures sold the property burned to the ground. This appraiser appraised the fee simple interest using the cost approach on a 100-year-old railroad terminal in the county that had been converted to a theme restaurant and had been opened and closed about five times in the last few years. A similar restaurant building (old rail road building) inside the city, with excellent location, liquor by the drink allowable in the city, far superior building and it sold for around $60,000 at a trustee sale. One of my good MAI buddies from out of town had appraised that one at around $350,000 a year before. It was in business about a year. Bank lost a cool $250,000 on that deal. The railroad company sold that building to the city for $47,000, who then sold it to the restaurant owner with owner financing and he never made the first payment. Sale price around $350,000.
 

Terrel L. Shields

Elite Member
Gold Supporting Member
Joined
May 2, 2002
Professional Status
Certified General Appraiser
State
Arkansas
single signing appraisal reports without acknowledging that they were performed by others

Real common in my area. One such appraiser builds a shop then sells it to the first guy who gets a license...generally without a non-compete clause. Usually the buyer is Cert. Residential but has only worked about 6 months....now how did he get a CR after only 6 mo.???? The mentor allows him to use his appraisal file for certifying his 2500 hr. and 2 yr experience level....when the state requests a report, they hastily add signatures and pass them off to the state, and waa-laa...instant appraiser. I can't prove it but there have been way too many of his appraisers who have suddenly came out of the woodwork and within months are "certified".

Another has been sanctioned several times, booted off FHA then reinstated etc... I can attest to one of his female appraisers (the only kind he hires) who was groped by him. She told me herself personally and said several other women were treated the same way. I suppose someone without professional standards should not be expected to have personal ones either.
 
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