Brian Weaver, head of Appraisal Admin. Div.

[Lee Lansford]

Can I bring a date or should I hit on Suz-E at the function?

As you elect...though I suspect that Suz-E might have a thing to say about it!

 

[Bob Ipock]

I am sure Brian is a fine fellow....many of you speak highly of him. I have not a single bad or unkind word to say about him. However, his time would likely be better spent on investigations than dinner meetings.

With 4512 IL appraisers on the National Registry and only 47 revocations and voluntary surrenders (40/7)since 1995.......two things seem likely..............


Either IL is one of the most honest state in the nation or dishonest and incompetent appraisers there don't need to worry about being prosecuted.
I believe Al Capone would take some of those odds.


http://www.ASC.gov/content/category1/standardSearches.aspx?queryType=7

Check your own state...they all have miserable records.

 

[Michigan CG]

I am sure Brian is a fine fellow....many of you speak highly of him. I have not a single bad or unkind word to say about him. However, his time would likely be better spent on investigations than dinner meetings.

With 4512 IL appraisers on the National Registry and only 47 revocations and voluntary surrenders (40/7)since 1995.......two things seem likely..............


Either IL is one of the most honest state in the nation or dishonest and incompetent appraisers there don't need to worry about being prosecuted.
I believe Al Capone would take some of those odds.


http://www.ASC.gov/content/category1/standardSearches.aspx?queryType=7

Check your own state...they all have miserable records.

Mr. USPAP...do you not think that educating appraisers is a worthy cause?

Are you having a bad January?

 

[Scott Kibler]

Are eating, sleeping and going to the can OK or should he forego those activities too?

 

[Brian Weaver]

I have 216 active cases. I have activity on EVERY one. We're up 50% in complaints over the previous 12 month period.

Some complaints involve multiple properties. Some involve complex properties. NONE are cut and dry, open and shut cases. None.

I'm amused when folks think revocation is the answer for every bad appraiser...not even close.

If we were to revoke a license...they are only revoked through the Division. Usually, about 2 to 3 years into a revocation...the revoke-ee may go to circuit court to be reinstated. The circuit court is generally more sympathetic toward the revoked person. So the revocation may only last three years. Hardly the intent.

Indefinite suspensions are far more effective.

The lunch meeting will definitely be interesting for those who attend. I have about 800 CRs and CGs that will be 100% audited over 2008. They need to know what that process will entail and how to prepare for it.

 

[Bob Ipock]

Revocation is certainly not the answer in every case....but should be in any fraud case.

Indefinite suspensions are just as easily appealed. Not prosecuting because it is a long process should not be an option. Revocation sends a much stronger message than and suspension....again in cases of proven fraud.

It is the "voluntary surrender" that is the worst. It allows appraisers just to walk away....and records show some are walking away to other states to open back up.



216 cases in play indicate plenty to do for the investigators.

I am pro-education but not at the expense of time and money diverted from investigations. There are other staff members and even board members that can do the lunch/dinner circuit and allow the investigators to do what they do best.
Options



ASC Field Review Letter 08/13/2007

• Illinois’ complaint investigation and resolution program does not comply with Title
XI and ASC Policy Statement 10 because complaints were not investigated and
resolved in a timely manner.
Title XI requires that States adequately supervise their appraisers. An effective complaint
investigation and resolution process is a critical component of adequate supervision. ASC Policy
Statement 10 provides that complaints should be investigated and resolved within one year of
receipt, absent special documented circumstances.
Although Illinois improved its complaint investigation and resolution program since our
May 2006 field review, the number and percentage of complaints outstanding for more than one
year remained at unacceptable levels. The following chart summarizes complaint statistics:
Field Review Complaints received
during the review
period
Complaints
outstanding
Complaints
outstanding more
than 1 year
Nov 2001 866 (~288/year) 25 20
Nov 2004 754 (~251/year) 126 18 (14%)
May 2006 401 (~267/year) 230 71 (30%)
Jun 2007 252 (~232/year) 227 47 (20%)
At the time of this review, Illinois had 227 outstanding complaints, 47 of which had been
open for more than one year. Of those 47 cases, eight had been outstanding for more than two
years, and two for more than three years.It is the "voluntary surrender" that is the worst. It allows appraisers just to walk away....and records show some are walking away to other states to open back up.

I am protesting the system....not Brian.


Field Review 06/26/2006


The Program has serious weaknesses in that Illinois has failed to: investigate and resolve
complaints in a timely manner; process completed temporary practice applications within five
business days; and maintain documentation to support the decision-making process for educationcourse approvals. Additionally, the State has not cured its serious, longstanding situation
regarding the proper completion of the audit/disciplinary process of certified appraisers who
failed to document that their experience conformed to AQB certification criteria.
If these weaknesses are not resolved in a timely manner, the ASC will consider initiating
a non-recognition proceeding against the State under § 1118 of Title XI, 12 U.S.C. 3347.
Because of our concerns regarding your Program, ASC staff will return in approximately six
months to review Illinois’ progress toward correcting these deficiencies.

Read the Field Reviews for ALL the states.



http://www.ASC.gov/Content/category5/page3.aspx?id=74

 

[Suz-E]

As you elect...though I suspect that Suz-E might have a thing to say about it!

And his wife would too, not to mention my husband .

I'll let him sit next to me, though.

 

[Brian Weaver]

USPAP wrote:
Revocation is certainly not the answer in every case....but should be in any fraud case.

Did you read what I wrote about revocation? Take a guess at how many appraisers ADMIT to committing fraud. Proving fraud means proving intent.

USPAP wrote:
Indefinite suspensions are just as easily appealed.

How so? Here, an appraiser indefinitely suspended for a DECADE has to come back through the board for reinstatement...in a DECADE.

USPAP wrote:
Not prosecuting because it is a long process should not be an option.

What? The ASC thinks one year from complaint to prosecution is plenty of time. Not hardly. We still provide appraisers due process. Even if an appraiser couldn’t wait to be prosecuted; it would take more than a year given how the backlog is in Prosecution.

USPAP wrote:
Revocation sends a much stronger message than suspension....again in cases of proven fraud.

Messages don't mean nearly as much as actual consequences. If you want to send a message...send a singing telegram.

USPAP wrote:
It is the "voluntary surrender" that is the worst. It allows appraisers just to walk away....and records show some are walking away to other states to open back up.

Big companies pay huge settlements every day without admitting any wrongdoing. It is what it is. North Carolina offers many consents as does Illinois. Its a tool.

USPAP wrote:
216 cases in play indicate plenty to do for the investigators.

What investigators? I'm the one with plenty to do and I’m doing it.

USPAP wrote:
I am pro-education but not at the expense of time and money diverted from investigations. There are other staff members and even board members that can do the lunch/dinner circuit and allow the investigators to do what they do best.

Time? This is in my job description. Money? I’m paid the same whether I’m doing a presentation or scribbling out state paperwork on ancient department phone bills.

I don't know where you think I have these magical staff members who can do the rubber-chicken circuit in my stead. I don't know where you think I keep my vast army of investigators stashed. My staff is me and my administrative assistant. That’s it. My investigators…again, me and my assistant.

So, how can I run 216 cases all by my lonesome? Time management and because not every property needs to be observed. Most of these cases are paper cases. I don’t really need to drive 300 miles south to Carbondale to check the appraiser’s math in the Cost Approach. Have I been out in the streets? Yup. Have I gotten into properties? Yup. It doesn’t take long. Eighty-percent of our cases are within 100 miles of Chicago because that’s where most of our appraisers work. I can cover that.

A. I (we) don't do "investigations". Never really did. Even when I was a contract investigator ten years ago all I really did was review. What I do are administrative reviews. I don't interview suspects, persons of interest, or anyone else. I write and receive written correspondence from appraisers who are the subject of complaints and from folks who complain about them. I arrest no one. I have no appraisal division paddy wagon. There is no appraisal jail. A reviewer for a lender does essentially the same thing I do except that I don’t use review forms. This whole “forensic” review stuff is just window dressing for a garden-variety, run-of-the-mill review. The term “investigation” and “investigator” are in-state terms that I use because they’re used for other professions like medical, insurance, dental, etc.

B. The state gives a license...disciplines a license...takes away a license. That's it. Note that I wrote "license", not "appraiser". This is a key distinction.

By-the-by, we have 5,561 licensees. The ASC only tracks the certifieds. I have a lot to do every day. Some days I get 25 phone calls. I average 35 e-mails per day. While it would be swell to spend my days doing nothing but cases…I have to deal with archiving issues, personnel, labor issues, legislative complaints, licensing, testing, course providers, licensee questions, division policies, board issues…yada yada. Mind you, I’m not complaining…but there are just so many hours in a day. I take work home every night and on the weekends.

I’d stay and chat but I’m looking at ten cases even as we speak, plus I have to finish laying out the new Experience Log form for the application.

 

[Bob Ipock]

Brian,

IL takes in well over $ 1,000,000 a year in appraisal license fees. Who is to blame for your lack of funding? It would not be the the ASC, not the appraisers of your state, not yours...how about your Governor and Legislature. State board members that cry about not having money or staff need to publicly explain the dishonesty of license fee $$ being diverted. However, board members that have their eyes on higher offices, appointments and loyalty to politicians rather than the public are unwilling to bite the hands that feed them.

If you don't have staff it is because IL has decided that appraiser regulation in unimportant. The money has been diverted back to the general fund....or to some crooked politicians pocket. The lack of staff is not your fault or responsibility. Most appraisers would love to see adequate staff....especially since they are paying for it.

Like I said....this is not about you. It is about states that refuse to take a serious stance on appraiser regulation.

Justice delayed is justice denied. A 216 case (case load) is not only unfair to the accused but to the honest, ethical appraisers who expect the state boards to create a level playing field. Those 216 open cases mean that some innocent appraisers are under a constant cloud and some dishonest ones are continuing to harm the public.

This is not about you, it is not really about IL. It is about any state appraisal board that has failed in 15+ years to get a handle on how this all should work.

Just like most government agencies, money is diverted from the primary mission and winds up being spent in ways that do not protect the public.

We hear so much about appraisal boards "protecting the public".....and it is simply not happening in too many jurisdictions.

Here is what the State of IL says.......

"OUR MISSION is to serve, safeguard, and promote the public welfare by ensuring that licensure qualifications and standards for professional practice are properly evaluated, accurately applied and vigorously enforced. We must provide the most efficient service possible through effective utilization of human resources, emerging technology and sound fiscal practices. Because of this we want to ensure that we are providing the public with these services to the best of our ability and would appreciate it if our browsers could take a few minutes and fill out our IDPR Consumer Satisfaction Survey. Thank you!"

Good intentions aside, how well has the public been protected...nationwide? Not very well in my opinion.

 

[Wayne Tomlinson]

USPSP
Altough Illinois takes in one of the highest fees for appraisers in the nation, we have a governor who rakes all the fee agencies to remove most of the income to apply to other parts of the state budget.

It aint in accordance with the constitution of good business, but that is what we are stuck with for more than two more years.

We all liked the prior Director, he was a good guy. What we have now is a director who is strong enough in himself to do the job that needs done with the tools that he has.

I have great respect for Brian and the way he is handling his job. and I think that most of the other appraisers in Illinois who know anything about it do to.

Wayne Tomlinson