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Louisiana Board Motion To Dismiss

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hastalavista

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May 16, 2005
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Certified General Appraiser
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California
My read of this is much different from when the original request to dismiss the action was requested/filed.

The LA board is stating that
(a) since it has stopped all of its investigations with regard to C&R by AMCs,
(b) it is now following the Governor's Executive Order, and
(c) that since that order effectively puts two layers of oversight upon the LA board in regard to AMCs & C&R enforcement, etc., that therefore
(d) Part 3 of the administrative compliant be dismissed.

As I recall, the FTCs complaint is broadly divided into two buckets:
One was to stop the LA board from mandating its fee service survey be used as a benchmark to measure C&R.
The other was that even if the LA board stopped, there was some level of punitive damage because the FTC alleges they violated the regulations by their original action.

I'm assuming that since the LA board no longer has the direct authority to institute C&R enforcement (it must get approval from the Administrator of Commissions on any action/policy it wants to institute) that part of the FTC's complaint is effectively moot; so therefore it should be dismissed.
(This is the situation as I recall, but I haven't thought much about it since it was first raised a few months ago; my recollection may be imperfect.)

On the surface, it seems reasonable to request a dismissal if the complaint was made because the FTC felt the LA board had exceeded its authority and the LA board no longer has that authority.
The issues may be a bit deeper than that, however. The FTC may think it better to pursue the complaint and get a ruling that supports the FTC's position so that there is a legal precedent (rather than an agreement) going forward.
(I'm sure someone is going to tell me not to play lawyer! ;))

But this latest filing seems to be a reiteration of earlier arguments and doesn't bring anything new to the table (as I understand it).

Thanks, Greg, for posting this. Having the actual document to review allows us to form our opinions based on the facts rather than whim.
 

Eli

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Professional Status
Certified General Appraiser
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Tennessee
And LA is building antitrust issues is my total assumption. My assumption is not extraordinary based on the information I am aware of. The FTC knows antitrust.

LA does too by now and learning more. Total assumption. Them shifting authority was major. Fact imo:

Lawyers are special and necessary. Especially good ones. My assumption is FTC smells way more than LA on antitrust issues. They ain’t stupid.

It’s a landmark in my book. We shall see if public trust prevails.

Don’t put me as an expert witness. I hate oligopsonistic competition. It hurts me and the borrower and public in this case. “Antitrust city”.
 
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Mark K

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Jan 27, 2004
Professional Status
Certified Residential Appraiser
State
Indiana
The issues may be a bit deeper than that, however. The FTC may think it better to pursue the complaint and get a ruling that supports the FTC's position so that there is a legal precedent (rather than an agreement) going forward.
(I'm sure someone is going to tell me not to play lawyer! ;))

I don't think this line of reasoning is playing lawyer, just stating what has occurred in other cases in the past that could have been dismissed but one party wanted to continue the action. I think it would be wise on the part of the FTC to continue and establish a precedent, one way or the other, so they don't have to re-try the issue in the future.
 

Eli

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Tennessee
Look for new legislation soon at the federal level. They ain’t stupid either.
 

peturner

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Nov 28, 2006
Professional Status
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State
Virginia
Oh, but didn’t someone say La was gonna fold??
Ha!
Their attorney is the Tom Brady of antitrust law.
Stay buckled up.
 

jay trotta

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Feb 8, 2004
Professional Status
Certified Residential Appraiser
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Connecticut
After all these years in the business, providing an Estimate Opinion of Value has come down to "Controlling" an appraiser's Fee for services under both Federal & State "guidelines", under continual casting of CEU, Under more restrictive educational requirements for both License and Certification, under the continual interpretations of USPAP language & meaning; it almost borders on pathetic.
 

Eli

Elite Member
Joined
May 12, 2007
Professional Status
Certified General Appraiser
State
Tennessee
Oh, but didn’t someone say La was gonna fold??
Ha!
Their attorney is the Tom Brady of antitrust law.
Stay buckled up.

Who was that someone? Lol

I love it.
 

DWiley

Elite Member
Joined
Apr 4, 2007
Professional Status
Certified Residential Appraiser
State
Tennessee
Interesting. As I read the motion, to me it basically says, in layman's terms, "Hey, we have already addressed all the issues that were in the complaint, so the case should just be dismissed." While I see a certain logic in that, I cannot help but wonder how the LA Board would react if an appraiser facing a complaint from that Board took the same approach - "Yeah, in that complaint that you filed against me I didn't support my adjustments in that appraisal, but I am now doing everything right, so you should just drop that complaint about my prior actions. I mean, I am good now, so no need to go back and look at my prior work."

Surely if such logic is good enough for the board itself, it should be good enough when the shoe is on the other foot, right? :)
 

gregb

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Sep 3, 2011
Professional Status
Certified General Appraiser
State
California
In the case of the appraiser, the USPAP applies in all 50 states. In the case of the 50 state appraisal boards, what is the equivalent of the USPAP that is the business of the FTC to enforce? :)
 
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