More NCAB

[Austin]

Bob & Bradellis: You two guys just made my point again. For those that don’t know it, Bob Ipock went to a great deal of time and trouble attempting to get himself appointed to the North Carolina Appraisal Board, the notorious and infamous NCAB know for its Witch hunting mentality due to its lack of ability to make subtle distinctions between two correct answers. Then Bob takes the instructor's class on USPAP, the very subject on which he would be judging others, and admits it is so confusing that he is amazed that he passed the test. Then bradellis says the difficult part of the test is making subtle distinctions between two correct answers. Sheessh!!! What do you think the Tom Hilderbrandt, David Johnson, and Steve Vertin’s cases were about. Just look at Tom Hilderbrandt’s case posted all over this board. Talk about subtle distinctions in USPAP between two correct answers! Again: Sheeeeesh! This thing is a monster. State law is a monster. That is the point I was making in my above posts. You sit for 20 hours through these two classes and the instructor doesn't know any more than the students bacause of the vagueness of the subject matter, to wit: Bob's above post. Point, set, match.

 

[Bob Ipock]

The problem is not admiting that I am not an expert. The problem is those who THINK they are experts. A man (or woman)must know his (or her) limitations.

Taking a course and then a closed book exam is far more difficult than having an open USPAP book and being able to take enough time to research and make a decision.

I don't know of ANY board, staff, appraiser, Doctor, Lawyer, teacher, race car driver or any other person or entity who is ALWAYS correct. Interpretors of USPAP are no exception.

Tom's case is FAR TOO COMPLICATED for almost anyone to understand. I can assure you that the JUDGE in the case is totally confused.

In my opinion, Tom has done nothing wrong but the situation is so very complicated and Tom had so much knowledge and information that only HE knew about, that it is impossible for anyone to understand the case without a LONG interview and discussion with him. Neither the complaintant nor the NCAB took the time to hear "the rest of the story" before jumping to conclusions. After hearing Tom's testimony, the situation became much clearer to me. I can see now how an uninformed compaintant, investigator and staff dropped the ball. I would hope to see the Judge dismiss the charges, but unless he spends the required time to understand the situation and the complexities of this property and appraisal........he won't "GET IT" either.

Cases such as this will never be easy. This is not a simple residential appraisal with black and white facts. This type of situation is the exception and could have been handled much better.


Bob

 

[Austin]

Lets get up a pool over what the judge rules in Tom’s case. Knowing these people like I think I do, the phones between Highpoint and Raleigh, NC, have been hot all weekend in the damage control mode.
Here is how they will save face: Tom will receive a mild reprimand, be sent off to a psychological adjustment center to be rehabilitated or a CE class on USPAP as they call it down there, and maybe a 30 day-license suspension and small fine. Just enough punishment to save face, but not enough punishment to make it worth Tom’s time to pay for an appeal. I think they call it legal balance. This would be a good case for FAIR to make a name for itself by suing NCAB for a violation of Tom’s constitutional rights. There are public service firms that specialize in just this kind of case.

 

[bradellis]

Austin,

This comment pertains only to Tom's and Steve's cases. I happen to agree that USPAP has been fully obtuse for years, but...

Tom's case revolves around state law now- specifics as to what the state allows on condemnation appraising. Steve's case does revlove around USPAP, but over an area where we have not had problems with clarity- either he did use due diligence or he did not- and the court will decicde that.

Brad Ellis, IFA,RAA

 

[Austin]

Bradellis: The problem I have with all three of these cases and USPAP actions on the part of state boards is the total arbitrariness and capriciousness of the interpretations of USPAP and state laws as I referenced in my above posts. For example, in Steve’s case, in my mind it comes down to how much salt do you like on your potatoes or what is your favorite color. Knowing what I do about Steve’s case, I probably would have done the same based on the significance of the assignment his assistant had in relation to her experience. You may hold a contrary opinion. Do you or any one else honestly believe that what Steve is accused of justifies over “8 years” of board pending action resulting in a court case at a cost of over $50,000? Hell, Ted Kennedy’s Delta 88 over the bridge fiasco didn’t warrant that kind of investigation. Same with Tom & David’s cases. In Tom’s case if state law is the issue and Tom honestly acted on what he believed the law to be but the NCAB has a different interpretation, that is totally arbitrary and capricious.
No system of justice can operate on that basis as should be patently obvious by these three cases. That is another reason I believe that in all three of these cases, the state boards are being used to carry out a vendetta against these three appraisers. There is a total lack of balance between the legal actions taken and the significance of the problem. The profession will be like a can of worms if this is allowed to continue. Actually in NC and Ohio it has become just that apparently. Taking people's licenses to make a living in their chosen profession and defaming their character is darn seriousness business and if we get to the place NCAB has already arrived at, then God help us all.
In my opinion, if anybody wanted to, they could take the NCAB to court and make a mockery of the entire appraisal profession using these two NC cases as a basis.

 

[Austin]

Is there not a slight irony in Tom and Bob passing the USPAP instructor’s exam in light of existing circumstances? Bob passed and was not appointed to the NCAB while a crony was reappointed, and Tom passed and is accused by the board of not being able to interpret an unwritten state law. Wonder how many NCAB board members have even taken the USPAP class much less the instructors class. A clear case of being guilty due to over qualification. I think this is a clear example of the NCAB’s definition of misleading: “If anybody says or writes something over our head and we can’t comprehend it, it is a misleading statement.” A world gone mad. I rest my case!

 

[Bob Ipock]

Austin,

The primary reason (as far as I am concerned) that I was not appointed to the NCAB is that I am simply not willing to buy a seat. I refuse to make campaign contributions, give gifts, play golf or any of the other things that are commonplace in most states for state board appointments.

I just don't want it that bad. My life is the same now as it was before the last appointments were made. I was not selected...no big deal, it will have no affect on my life. I learned how the system works and it just does not appeal to me.

All of the NCAB members (and several of the staff) will be taking the USPAP Instructor's Class in Raleigh this August. My understanding is that will not take the exam and will therefore not receive teaching certification. I had figured that I would be RE-TAKING the class in Raleigh (if I failed the exam) but am pleased that will not be the case.


Bob

 

[Austin]

Bob: I came to the same conclusion a long time ago. If success is defined as playing in golf tournaments, shaking hands and slapping backs, returning political favors, buying political favor, pinching political wives on the butt at social functions, and standing around some pig roast with one finger up my nose and another somewhere else while my mind is in China, then I chose to fail. We apparently have a lot in common.
I learned a little trick many years ago: If you want to stay away from these people, get you a # 3 Dale Earnhart ball cap and wear it all of the time. They won’t come near you. If they get to close, turn the cap around backwards. The only committees I have ever served on were at church, and the reason for that is they couldn’t find anybody else to do it. I will bend a little for the Lord. Works for me. I might take that class you mentioned myself. I would like to meet the good old boys and press the flesh.

 

[Tom Hildebrandt]

The real travesty is that those who take the class but not the test can always say they took the class, that does not mean that they comprehended the material.

With the exception of Charles Hinnant, the new board appointee, who has actually made an effort to try to understand USPAP by taking a course (from me no less) and who actually has read the Appraisers Act (the law) and the board rules, not a single one of the board and staff have actually thought any of the concepts through. They just can parrot off a few lines here and there to suit them.

Regards

Tom Hildebrandt GAA

 

[Austin]

Tom: I think the NCAB members taking the class and not taking the exam shows a total lack of integrity on their part. How can a regulatory board that enforces USPAP and state law justify not showing and exemplifying their qualifications to do so? This is like appointing a state supreme court with political appointees that know nothing about the law. Kind of like the State of Florida does.
I think the NC appraisers should demand better of their board and demand that the board members take the class and publish who passed and who didn’t. What kind of state government would empower a professional board, give them the power to take away people’s license to make a living, and not require them to even have a demonstrated rudimentary knowledge of the subject matter with which they are charged to enforce? It is unthinkable.