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Mreac Investigation Thoughts/help Needed

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Buddy26

Freshman Member
Joined
Dec 3, 2016
Professional Status
Certified General Appraiser
State
Missouri
I am currently being investigated by the Missouri Division of Professional Registration Central Investigations Unit for a complaint filed by an anonymous individual accusing me of using an illegal name. The complaint also included a copy of what appears to be a social media post with little information regarding property identification or names other than my own but false information nonetheless. It appears this complaint stems from a political campaign where I recently was a candidate as it was referenced in the complaint several times. The topic of my name was a significant talking point with my opposition. I have until December 16, 2016 to file a response.

My name changed in 2015 due to a divorce. I notified the MREAC and updated my license to my full legal name by supplying them with a copy of updated drivers license and social security card. I ran for office under my full legal name. (The only thing that can be questioned here is when I started signing appraisal reports under my new name?) In regards to the claims contained in the copy of the social media post there is nothing to identify the property, client, owner, buyer, etc. and I have racked my brain trying to figure out what it could be in order to address it. Claims basically that I did a report, would not answer messages, had to have a different appraiser do another appraisal, cost them thousands of dollars.

Does anyone have experience dealing with this? I have attempted to file a claim with my E&O Insurance which is required by policy. I have a private attorney ready to respond but my insurance policy states if I do not initiate a claim it makes the coverage void?

State allows anyone to file a complaint. They have requested the following:

Instructions
With this questionnaire you have received a copy of a complaint that was filed
against you with the Missouri Real Estate Appraisers Commission (MREAC). The
complaint raises allegations that suggest that you may have improperly prepared an
appraisal(s) for real property in violation of the Uniform Standards of Professional Appraisal
Practice (USPAP) and the Missouri laws and rules regulating the real estate appraising
profession. So that the MREAC may evaluate whether your development and reporting of
the results of the real property appraisal complied with USPAP and Missouri law, please
provide the documents requested below, and answer each question regarding your
preparation of the above identified appraisal(s).
Documents Requested
Please provide a copy of the following documents for each appraisal identified in the
complaint:
1. Your appraisal assignment log for the past 2 years.
2. The appraisal report(s) provided to your client or any other intended user.
3. The complete work file(s) for the appraisals); and
4. The contract for service, letter of engagement or other document requesting you to provide the
appraisal(s) and outlining the scope of the appraisal(s).
Questionnaire
Please answer each of the following questions for each appraisal identified in the complaint:
1. Is the copy of the appraisal report provided by the complainant, if any, a true and accurate
copy of an appraisal report prepared by you?
2. Identify the applicable edition of USPAP and any supplementary standards that governed the
preparation of the appraisal. In your opinion, did your appraisal follow these standards? It not,
please identify each standard not followed.
3. Identify the computer system(s) and software you used to develop and/or report the results of
the appraisal.
4. Do you still have the computer system and software you used to develop and/or report the
results of the appraisal? If not, please identify the person(s) who have custody of and access
to the computer system(s) and software identified.
5. Identify each method of communication (e.g. telephone, email, internet, fax, personal interview
or conference, etc.) that you used to communicate with others, including, but not limited to,
clients and other sources of information, in order to develop and report the results of the
appraisal.
6. Please identify the method used for signing appraisal reports (e.g. manual or electronic
signature).
7. Do you maintain part or all of your work files for the appraisal on your computer system?
8. Identify each person known or believed by you to have assisted in developing and/or reporting
the results of the appraisal, and a description of the nature of the assistance (e.g. clerical or
appraisal).
9. Identify all trainees or supervisors (names and license numbers) who worked with you at the
time of this appraisal.
10. Describe the training procedure you utilize or have been trained under.
11. Do-you contend that any person other than-you is-responsible for-any viGlatisr:JsElf USPAPor
other Missouri laws and rules in the development and reporting of the results of the appraisal?
If so, please identify each such person and give a concise statement of the facts supporting
your claim.
12. Identify each person and/or other source from which you obtained information for the
development of the appraisal.
13. Identify each person to whom you provided the original and/or a copy of the appraisal report,
and the method by which the appraisal was provided to that person (e.g. U.S. mail, electronic
transmission, Federal Express, etc.).
14. Describe any analysis, reasoning and conclusions in developing your scope of work,
reconciling your approaches to value and any other aspects of your process that you believe to
be relevant to responding to the allegations made by the complainant.
 

JTip

Elite Member
Joined
Oct 12, 2004
Professional Status
Certified Residential Appraiser
State
Pennsylvania
Thank goodness for E&O..

Good luck.
 

CindyR

Senior Member
Joined
Oct 26, 2003
Professional Status
Certified Residential Appraiser
State
Arizona
Are you saying you can not even identify which appraisal is the basis for the complaint? Then i would ask the state how you can provide any of the requested information about said appraisal if they can not tell you which appraisal.
 

Mike Kennedy

Elite Member
Joined
Sep 28, 2003
Professional Status
Certified Residential Appraiser
State
New York
GOOGLE SEARCH RESULT - poster has had no personal or professional relationship with any of the law firms or attorneys listed. Recommend vetting them with the MO State Bar

  1. Professional Licensing and Administrative Law |...
    www.carsoncoil.com/Professional-Licensure/Professional-Licensing-and-Administrative-Law.shtml
    Professional Licensing and Administrative Law. Experienced Missouri Attorney to fight for your Professional license. The state of Missouri requires many ...

  2. Best Jefferson City, MO Administrative Law...
    attorneys.superlawyers.com/administrative-law/missouri/jefferson-city/
    Results 1 - 8 of 8 ... Free profiles of 8 top rated Jefferson City, Missouri administrative law attorneys on Super Lawyers. Browse comprehensive profiles including ...

  3. Find the best Administrative Law lawyer in North...
    www.avvo.com/administrative-law-lawyer/mo/north_kansas_city.html
    FREE detailed reports on 5 Administrative Law Attorneys in North Kansas City, Missouri including disciplinary sanctions, peer endorsements, and reviews.

  4. The Limbaugh Firm | Administrative Law | Cape...
    www.limbaughlaw.com/administrative-law
    Administrative Law
    ... to be accurate and current and is intended to educate visitors about selected aspects of Missouri law, as it impacts Missouri residents.
  1. Welcome to Missouri Bar
    www.mobar.org/committees/chairinfo.aspx
    Administrative Law Committee Chair: Matthew J. ... Estate Planning and Probate Administration Law Committee ... Missouri Attorney General's Office P.O. Box ...
discuss the case with NO ONE except your Attorney.

Suggest DELETING THE ORIGINAL POST AS WELL. These "walls have eyes".
 

J Grant

Elite Member
Joined
Dec 9, 2003
Professional Status
Certified Residential Appraiser
State
Florida
Contact your E and O provider, let them help you. That's what we have E and O for.

Sounds like a spite/nonsense complaint ugh sorry that happened. Maybe your ex was behind it? I mean, who else would care...
 

Buddy26

Freshman Member
Joined
Dec 3, 2016
Professional Status
Certified General Appraiser
State
Missouri
Are you saying you can not even identify which appraisal is the basis for the complaint? Then i would ask the state how you can provide any of the requested information about said appraisal if they can not tell you which appraisal.
That is correct.
 

Buddy26

Freshman Member
Joined
Dec 3, 2016
Professional Status
Certified General Appraiser
State
Missouri
Contact your E and O provider, let them help you. That's what we have E and O for.

Sounds like a spite/nonsense complaint ugh sorry that happened. Maybe your ex was behind it? I mean, who else would care...
I will not speculate as to the identity of the accuser, my main focus is on getting representation and providing a proper response to the state.

My E&O carrier will not contact me back. I started by calling their preclaim number, which is the process advised in my policy, waited three business days to hear back from them and was told by them to file a claim. That was yesterday. The only way to reach out to my E&O provider is through email or postal service. Which I have done. My policy contains verbiage that reads a claim may be denied if not first filed and utilizing providers legal services before hiring a private attorney. I have spoken with several different firms and am awaiting information in regards to retainer, timeframe, etc.

Thanks everyone for the input, I hope I am on the right track????
 
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