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Complaint Filed over a Desk Review.geeees!

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Aprazr

Thread Starter
Member
Joined
Jan 29, 2002
Professional Status
Certified Residential Appraiser
State
Texas
I have a 'story' to tell & would appreciate the feedback. I hope I am posting to the right 'category'. I have never had a complaint filed or even a legitimate complaint about any report I have ever done (over 5,000 appraisal reports to date).

I performed an appraisal...No Cash Out, Re-finance. Sent it to the Lender & got a call asking if I was on 'Flagstar's' approved list. I said no....due to their negligence on a Field Review where the Reviewer used 3 Foreclosed properties to lower the value I gave by $260,000. Yes, lowered $260,000. ($850,000 valued property). Well, that is another story.....they removed me from their list of Approved Appraisers (blacklist).....and I am STILL FIGHTING them over it.

The lender then got angry at me (for them not asking if I was approved with Flagstar first) and even knowing this report could NOT go to Flagstar (or anyone else as the Loan officer put it), they sent it out for a Review.

The reviewer Filed a COMPLAINT with my state board (Texas) because he thought I should have used 'other' comps. in lieu of those I used. I used the ones I did as they all have the same updating as the subject (Highest gross adjustment in my report was 7.2%). The additional comps. he furnished (4) had no updating, therefore, would have created higher adjustments than those I had in place.

I find this particularily interesting because due to the fact the loan was not going to go to Flagstar (killed their deal), the lender purposely ordered a Review and I BELIEVE cohersed the Reviewer (Appraiser/Broker) into Filing the Complaint.

After speaking with the Investigator at the State of Texas, he told me that this particular Appraisar/Broker files about 10-12 Complaints a week with them (??WOW??). I truly believe that since this should have ended with the review, that the Appraiser/Broker doing the Review should have a complaint Filed back on him due to the Un-Ethical nature of the incident and for having the lack of Competency to justify his review. (He is 34 years old & appraising for about 8 years, so he says on his web site).

In the form letter they send from the State of Texas, there was NO Explanation as to 'why' the complaint was even being filed (left BLANK). They included 3 pages of emails form this Appraiser/Broker talking about another appraiser entirely....not even ME.

My question to you all is: Should I File a Complaint on this Reviewer/Appraiser/Broker to show that his Complaint is not justified due to Un-Ehtical Behavior (cohersion) and lack of Competancy(Chose wrong comps. to rebuttal) to even perform the Review? (MLS printouts clearly show that NONE of the additional comps. furnished have any updating & my report clearly defined the subject updates)

In talking with the Investigator at the State of Texas he said to merely 'write a letter of explanation' and that would be that. I feel really BURNED by this so called Appraiser/Broker who clearly advertises on his web site that:
'Appraisers make better Agents and Agents make better appraisers'. This does not bother me nearly as much as the InCompetant Review he performed.

Your thoughts appreciated! Have a 'Blessed' Holiday season to all.
 
Joined
Mar 19, 2002
Professional Status
Certified General Appraiser
State
Illinois
If you have the extra time, see if the Board would give you a list of appraisers who this guy has filed the numerous complaints about. Then you could share the legal fees and sue this appraiser (if of course you are all right and he is wrong).

What has happened to you is confusing, but I've heard similar accounts of strange reviews by Chase Bank, and appraisers being removed from their list with little to no cause as well.

I wish you the best of luck,
 

stefan olafson

Senior Member
Joined
Apr 2, 2003
Professional Status
Certified General Appraiser
State
North Dakota
My experience is that filing retribution complaints, after a complaint is filed against you serves very little purpose.

An appraiser who I educated and taught the art of appraisal to filed a complaint against me. I was groundless and arbritrary. My office administrator, after reading his complaint filed a letter with the state board explaining the facts that this appraiser forged my signature on a number of appraisals in order to get them delivered and get paid! I had no knowledge of this practice.

The Board did NOTHING!

So it may be better to band together with others who have been filed against to the state and sue the pants of this expert in the field.

I also would put that lender on my DO NOT USE list.
 

Ariba

Senior Member
Joined
Feb 8, 2004
Professional Status
Certified Residential Appraiser
State
Colorado
The reviewer Filed a COMPLAINT with my state board (Texas) because he thought I should have used 'other' comps. in lieu of those I used. I used the ones I did as they all have the same updating as the subject (Highest gross adjustment in my report was 7.2%).

Just explain that in you letter and move on.

I BELIEVE cohersed the Reviewer (Appraiser/Broker) into Filing the Complaint. ..... Appraisar/Broker files about 10-12 Complaints a week with them (??WOW??).

Do you really believe that this review appraiser is being cohersed into filing complaints 10-12 times a week by different lenders?

I truly believe that since this should have ended with the review, that the Appraiser/Broker doing the Review should have a complaint Filed back on him due to the Un-Ethical nature of the incident and for having the lack of Competency to justify his review. (He is 34 years old & appraising for about 8 years, so he says on his web site).??).

The review appraiser might very well be unethical and incompetent but not because he is 34 and in the appraisal business 8 years.

Should I File a Complaint on this Reviewer/Appraiser/Broker to show that his Complaint is not justified due to Un-Ehtical Behavior (cohersion) and lack of Competancy(Chose wrong comps. to rebuttal) to even perform the Review? (MLS printouts clearly show that NONE of the additional comps. furnished have any updating & my report clearly defined the subject updates)

Knock your socks off. I would imagine the Appraisal Board is very familiar with this appraiser and his competency level if he files 10-12 complaints a week.
 

Mike Kennedy

Elite Member
Joined
Sep 28, 2003
Professional Status
Certified Residential Appraiser
State
New York
JUST THE FACTS JACK >> shred the Review REPORTS' data , comp selection etc etc........

DO NOT personally attack the so-called (a)ppaiser/reviewer.

the Board is already aware of his incompetence.

GIVE THEM more Ammunition - do exactly what the Investigator requested -

keep it PROFESSIONAL - NOT personal.

at this point .....it is YOUR LICENSE you should concern yourself with - NOT his.

THE FACTS:

"The reviewer Filed a COMPLAINT with my state board (Texas) because he thought I should have used 'other' comps. in lieu of those I used. I used the ones I did as they all have the same updating as the subject (Highest gross adjustment in my report was 7.2%). The additional comps. he furnished (4) had no updating, therefore, would have created higher adjustments than those I had in place."


"I find this particularily interesting because due to the fact the loan was not going to go to Flagstar (killed their deal), the lender purposely ordered a Review and I BELIEVE cohersed the Reviewer (Appraiser/Broker) into Filing the Complaint."

THIS allegation you cannot prove. DROP IT for now........ SAVE YOUR LICENSE.

In the form letter they send from the State of Texas, there was NO Explanation as to 'why' the complaint was even being filed (left BLANK). They included 3 pages of emails form this Appraiser/Broker talking about another appraiser entirely....not even ME.

Be sure to note the above (highlighted) in your LETTER response.

Also be CERTAIN to notify your E&Q Carrier - failure to notify them CAN result in termination of your policy. LET THEM handle it. That's what you PAY for.

Sounds like (assuming all the info provided is correct) it will come down to WHICH comparables, in the Boards opinion, are COMPARABLE.

PROVE YOUR CASE.

What goes round comes round........ if 10-12 per week are experiencing the same ATTACK as you are........

time and the ROCK SOLID defense of YOUR appraisal - may very well be the SILVER BULLET.

It IS hard to divorce the emotional anger from this situation ( i assure you we allllll commisserate and would feel EXACTLY the same way as you do right now).

FORCE YOURSELF TO BE PROFESSIONAL .........ATTACK THE REVIEW REPORT .........and Win.
 

Mary Tiernan

Senior Member
Joined
Dec 16, 2003
Professional Status
Retired Appraiser
State
Michigan
I think the only real option you have is to file a complaint on the review appraiser based on the inadequate review he performed.

Look over Standard 3 - did he violate any of standards 1 and 2?

Perhaps you can file a claim against him this way?
 

David Dietz

Member
Joined
Oct 30, 2006
Professional Status
Certified Residential Appraiser
State
Florida
Right, Wrong or Indifferent a case came in front of the board in Florida and if memory serves me right three appraisers were involved and all three ended up filing complaints against each other and all three lost their licenses.
 

Elliott

Elite Member
Joined
Apr 23, 2002
Professional Status
Certified General Appraiser
State
Oregon
Who's on first?

Aprarz said,
-Complaint Filed over a Desk Review
-I performed an appraisal...
-The reviewer Filed a COMPLAINT with my state board (Texas) because he thought I should have used 'other' comps. in lieu of those I used.

and,
-there was NO Explanation as to 'why' the complaint was even being filed

If you haven't had a complaint in 5000 reports you are very lucky.
USPAP is like a bible, we are only to be judge in our compliance with
its written word, so of course the 'complaint' is of no consequence
(undoubtedly I've had to deal with this, not every state is the same).

I filed a complaint once against the 'reviewer and his trainee' and my
complaint was dismissed with a wave of the hand. After a year, the
complaint against me was dismissed when the property sold within 2
percent of my estimate, while the reviewer had missed value by 30%.
 

George Hatch

Elite Member
Gold Supporting Member
Joined
Jan 15, 2002
Professional Status
Certified General Appraiser
State
California
If this reviewer is flooding the state with complaints then it's highly doubtful that anyone is going to pay attention to him. It also means he's doing it with a lot of different appraisers, not just you.

The main thing you want to point out in your response is that you personally inspected the interior/exterior of the subject as well as the exterior of ___X__ of comparable sales data, that the dominant attribute that you used to filter for the "most similar" besides age and GLA was the condition and remodel. Then restate yout professional opinion that these are the most similar comps. End of story.

Unless the reviewer can point to exactly why they think their comps are more similar than your's then they're the idiot. No reviewer has the right to criticize an opinion, particularly if that opinion is heavily influenced by a SOW that was far more extensive that his. If alleging that you lied then the burden of proof of that lie rests with him, it's not your responsibility to prove the negative.

The universe comes around and this person has raised their profile. I find it had to believe the state board hasn't already issued a WWF smackdown for this foolishment.
 

JSmith43

Elite Member
Joined
May 5, 2003
Professional Status
Certified General Appraiser
State
California
Mike Kennedy gave you a good roadmap IMO. Same with most of the other posters.

Personally, I would stick with defending my own work and do it well. Pretend you are being well paid for crafting your defense. That will help:)
Defending your work is a cost of doing business.
 
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