Do You Wonder If It Will Happen To You?

[Don Clark]

A complaint was filed against me from a divorce appraisal and testimony service. The wife had to pay more to the husband, my client from the appraisal and from my testimony. I sat there across from the table from the “investigator” and the licensing board members, no findings, no merit from the complaint was found. The board found no violations.

Within a year the “investigator” who lives in the same city as my prior subject with the complaint applied for a mortgage and I received the appraisal assignment. I called to make the appointment, the investigator accepted the appointment and within an hour it was cancelled by the bank. The investigator called the bank and said he did not want an appraiser to do his appraisal from an appraiser who had a complaint on file.

Would that not be grounds for you to file a complaint with the state about the investigator? If the complaint has been closed how is the complaint "on file"? Also, there is the idea of confidentiality. The complaint may have been public knowledge at the time of the complaint but it has nothing to do with a mortgage application. I would at least write a letter of complaint to whomever is the employer of the investigator at the state level.

 

[Ray Miller]

I worry that scum brokers, knowing that states are using the big stick, will try to bully appraisers to change values or overlook property faults by threatening to turn them in for BS reasons. "Since we can't use your appraisal due to the low value we are not going to pay for it. You marked R-2 for zoning when it is actually R-1 so we are going to turn you in to the state if you don't wave your fee or raise the value". Didn’t something like this happen to Ray Miller.

.

I think so.

Now the state has hired three new reviewers that disagree with the first reviewer and I will be back in front of the law judge on the 27th if I so choose. If the judge would find in my favor again, the state can still over turn the judges decision. In Wisconsin it appears to be a no win for the appraiser. The bord just roll on and on.

If the states reviewers can't agree with each others review of my appraisals. How am I a poor lowley licensed appraiser who the state says in the first place has not obtain ABQ complience can know what is correct. So how can they even hold me to a standard that

one: I have not been approved for by the state and not qualified for?

two: that their own reviewers can agree on the problems in the appraisals?

Three: Two of the appraisals are not even the finish product, but work product that was received before the corrections we made. But because I would not play ball like the LO wanted and demanded payment they were sent to the state as the finished product.

 

[Smokey Bear]

Ray - I think your state AG needs to look into the board and their crazy behavior. If the AG won't, maybe the board needs a good ole 42 USC 1983 lawsuit to straighten them out.

 

[Kevin A. Spellman]

I was in an appraiser meeting sponsored by a private organization and the licensing Chairman of the Board was a speaker. I stated my problem to him with 200+ appraisers in the room. The room was silent and the Chairman was silent also. I took the hit and moved on. I lost a $275 appraisal fee, oh well.

 

[TN Pro]

Kevin, i don't advertise my services, word of mouth (and a semi intelligent brain for business) brings me all of my work. However, word of mouth can also bring bad news just as easily.
If this was me, a formal complaint would be filed, followed by an attorney letter to the investigator.
He may not pass the word on to anyone else, but then again, he might. Bad news is hard to shake. I had a similar issue when i came in 50k short of a sales contract. I found out 6 months later i was losing work because the Real Tor had me taken off several assignments that she was involved in, that were earmarked for me to do. I dealt with it hard and fast and it hasnt been a problem since.

Dean

 

[Oregon Doug]

I always worried, in the back of my mind that some day the state is going to send me a registered letter about a complaint from a client. Well after 26 years, it happened.

A question of value. Mine was $200k lower than the owners opinion. He had called, yelled at me and wanted his money back. no, i said. he threatened and did just that.

...

HOW MANY TIMES DO I NEED TO TELL YOUSE GUYS THAT A DIFFERRENCE BETWEEN YOUR VALUE OPINION AND THE OWNER'S IS NOT A CAUSE FOR A VALID COMPLAINT? Are you ever going to believe it?

Every complaint must be evaluated - by law. But there is no justification for action unless your appraisal is non USPAP compliant. PERIOD.

I know that some of you folks like to whip your parinoid selves into a froth about it and some other state boards may not understand that, but that's the way it is out here in Oregon.

Go on about your business,
Oregon Doug

 

[Kevin A. Spellman]

I fear no one. I have a niche in my service area and I have told this story several times. This cancelled assignment happen over five years ago. I have stated this to my clients also. The problem is my complaint cannot be seen in a public domain. It can only be seen within the licensing department known as Board of Registration here in MA.

I believe in Karma, I’m sure someone did to him as he did unto me. The loan officer said he was financing his property while he can qualify for the loan and then he will be retiring, smart guy to service debt when your retired.

 

[TN Pro]

I fear no one. I have a niche in my service area and I have told this story several times. This cancelled assignment happen over five years ago. I have stated this to my clients also. The problem is my complaint cannot be seen in a public domain. It can only be seen within the licensing department known as Board of Registration here in MA.

I believe in Karma, I’m sure someone did to him as he did unto me. The loan officer said he was financing his property while he can qualify for the loan and then he will be retiring, smart guy to service debt when your retired.

You could have saved me twenty minutes of typing if you had initially mentioned it was 5 years ago!

 

[Alison Swain]

I got one of those 'letters' last fall. Owner complained I overvalued. It is a long convoluted story but the gist was
Owner contacted me to appraise home he was buying early 07- going thru private lender. Contract price 699 ish and HE was pushing me for a value of 750 so he could get cash out. There was a nearby sale in that range But others that IMO drew it down and final value 705ish. I sent the report and heard nothing more for several months (also never got paid)

Apparently a large snafoo with the private lender.. loan never funds or records (but it did close according to him) and he moves in.... took real owner a month or so but then he was evicted.
He calls me back and wants SAME appraisal to take to another lender (asks AGAIN to get the value up in the 780 range so he can get cash out)

Since appraisal date and stall in market and new sales which would not support my original estimation. (current sales support 680 ballpark)
He then decides since market has fallen I over appraised earlier and wants me to lower the old appraisal and write addendum that I was wrong all along and house NEVER was worth original price. :Eyecrazy::Eyecrazy:

He goes to State.. I sent my file and full detailed explanation of these 'antics' and have not heard a word.
But I am telling you this.. it scares the sh*t out of you and I am waiting for the next shoe to drop.

If I were you, I'd turn the tables and turn in his name and his "antics" to the FBI mortgage fraud division.

 

[Webbed Feet]

HOW MANY TIMES DO I NEED TO TELL YOUSE GUYS THAT A DIFFERRENCE BETWEEN YOUR VALUE OPINION AND THE OWNER'S IS NOT A CAUSE FOR A VALID COMPLAINT? Are you ever going to believe it?

Every complaint must be evaluated - by law. But there is no justification for action unless your appraisal is non USPAP compliant. PERIOD.

I know that some of you folks like to whip your parinoid selves into a froth about it and some other state boards may not understand that, but that's the way it is out here in Oregon.

Go on about your business,
Oregon Doug

O.D.

They are confusing the process with the standard. A few here seem to believe because they are notified of the complaint as required by regulation, and hence must turn in their work file by regulation, that they are being persecuted unfairly.

Webbed.