Disciplinary report - April 2008

[Mary Tiernan]

The Board has been busy.

http://www.dleg.state.mi.us/bcsc/forms/dar/08-7.pdf

 

[Michigander]

Thank you for posting Mary!

John/David, can either of you say whether the woman with 3 listings was hit $45,000 total and what the cause was? Are the findings available to the public?

You guys have been busy!

 

[Mary Tiernan]

I tried to find something via the complaint numbers - to no avail.

Maybe there is a way and I just couldn't find it . . .

Although the Board meeting minutes will spell out the violations, they don't really say why the violations occurred - i.e., did not state appraisers are to be licensed, poor comp selection, inaccurate data in comp grid. These are things I would like to see detailed, if for no other reason than to have another reason to review my reports for the fifth time before sending them out!

 

[David Molenaar]

If you read the board minutes which are posted on the public web site, there is more detail to the violations.

Dave Molenaar, SRA, RAA, CRA
Chair, State Board of Real Estate Appraisers

 

[Michigander]

David, the most recent minutes posted (that I found) were from 12/07. Is there a different spot on the DLEG where they are posted other than "meeting minutes"?

 

[David Molenaar]

No, there is a time lag as at the June meeting we will approve the minutes from the March meeting. Until the minutes are approved by the Board, they are not posted on the web site. That way if there are any corrections, the minutes are corrected, then approved, then posted.

 

[Michigander]

Well then, the information is not available to read at present

 

[Mary Tiernan]

Yes, meeting minutes do go into more detail, but not to the extent I would like to see.

Did you notice the appraiser from Bay City with 4 violations, 2 $10,000 and 2 $25,000 fines - $70,000 in fines and continued revocation.

Mr. Molenaar - I'm curious, if this person never does appraisals again, is this fine still enforced? Can this person file bankruptcy and have the fines forgiven? What type of enforcement guarantees this person will leave the profession?

 

[Kali the Boston Terrier]

That is a good point, if they are no longer allowed to operate, how are they going to pay that back. If they fail to pay, what does the State do? Especialy if their E&O dropped them fraud, how could anyone realistically collect.

 

[David Molenaar]

If this is not paid, they are in violation of the Occupation Code. Hence, there could be action taken against their brokers license, builder's license or any other license. Someone would be denied any other license in the State of Michigan until the outstanding fine is paid in full. Money collections are turned over to the Dept. of Treasury. Hence, if you have a tax refund, the State will put that refund against any outstanding bill. Fines are not forgiven and are on the record with the Department of Treasury.