Mreac Investigation Thoughts/help Needed

[Riick]

Sounds like you've contacted the E&O company by telephone?

You have some sort of response from them HOWEVER,
much better to send a letter via Certified Mail - return receipt requested,
and the same letter via regular 1st class mail.

Phone calls, and records of them, can too easily be lost.
Paper is better, much much better.

Aside from that, looks like State wants you to give it an open season hunting license.
>>> Your appraisal assignment log for the past 2 years
Doubt any attorney would concede to that request without some rationale behind it.

Talk to the attorney your E&O policy provides, immediately, if not sooner.

 

[Buddy26]

Attorney consulted

E&O Carrier on board

Response submitted

I feel like a sitting duck!!!! I will keep the forum apprised of outcome. I know each state is different in laws and procedures regarding the complaint process but it has been extremely disheartening to know from my perspective how easy it is for this to come about. Use this as a reminder all to be extremely careful and diligent in our practice.

Now back to income producing work .....

 

[DWiley]

Attorney consulted

E&O Carrier on board

Response submitted

I feel like a sitting duck!!!! I will keep the forum apprised of outcome. I know each state is different in laws and procedures regarding the complaint process but it has been extremely disheartening to know from my perspective how easy it is for this to come about. Use this as a reminder all to be extremely careful and diligent in our practice.

Now back to income producing work .....

If it is any consolation, I was the chief reviewer for a state board for over three years, and while we were legally required to examine every complaint, about 40% of them were dismissed has not having merit on their face after the initial review.

 

[bnmappraisal]

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.

I read your more recent post, which seems to state that you've heard back from them, but in the case you mention above, I'd probably be blowing up their phones/email until I spoke with someone competent about the situation.

Good luck with everything and sorry to hear you're in this situation

 

[Non Sequitur]

Hmm, an anonymous complainant filing a complaint about an anonymous assignment on an anonymous subject property. This shouldn't have made it out of the Missouri Division of Professional Registration Central Investigations Unit's office. Another reason why this business has become miserable.

 

[Michael S]

If it is any consolation, I was the chief reviewer for a state board for over three years, and while we were legally required to examine every complaint, about 40% of them were dismissed has not having merit on their face after the initial review.

New Mexico's board has setup a process where they don't even notify the appraiser until they determine the claim might have some merit. Frivolous claims are basically ignored so as not to put appraisers through all of this that the OP has gone through for something that may be complete BS. Also, there are no anonymous complaints. You have to submit a notarized complaint form. That alone probably keeps a lot of people from filing frivolous claims.

 

[bnmappraisal]

You have to submit a notarized complaint form. That alone probably keeps a lot of people from filing frivolous claims.

(my bold) This sounds like a pretty good idea.
(the non bold) I'm sure people complain that this isn't fair (wouldn't that be an oxymoron? complaining about not being able to complain?!)

 

[Terrel L. Shields]

Missouri is the worst of the worst in paperwork. One of our forumites of old had a complaint filed against him. The mtg. broker filed a complaint that explicitly stated he didn't hit her number. Even so he had to lawyer up, fill out reams of crap paperwork, only to have the California based complaint maker not show, and even then had to endure a hearing miles from his home. Obviously the MB knew she could punish him simply with a complaint. The state is at fault for not dismissing this immediately or requiring the complainer to show valid cause; and the ASC is at fault for putting the state's feet to the fire to investigate every complaint with the basic premise that the appraiser is guilty until proven innocent. MO's workfile rules for instance requires appraisers to basically keep records and a log of all work into perpetuity. I bet a high percent of MO appraiser's don't have an up to date log that conforms to state minimum. And WTF does the log have to do with the complaint except to trigger a witch hunt?

 

[DWiley]

...and the ASC is at fault for putting the state's feet to the fire to investigate every complaint with the basic premise that the appraiser is guilty until proven innocent.

The requirement to investigate every complaint is essential for public trust. Any premise of guilt is improper and should not be tolerated. Investigators/reviewers for state board must do their jobs objectively, and not be "hired guns."

I know that when I was working for my state board every defendant's attorney would try to paint me as a "hired gun" who would find fault with any report submitted. In response the State would note that in 40% of cases absolutely no action was taken with the appraiser because nothing actionable was found, and in a large percentage of the rest the items found were minor.

 

[Non Sequitur]

The requirement to investigate every complaint is essential for public trust.

I strongly disagree. It provides a readily available avenue to bully appraisers. A state board can't ignore a complaint but there's a world of difference between considering the merits in an administrative setting as opposed to going straight to an investigation. Requiring the appraiser to respond and produce a workfile for a meritless complaint is a punishment in and of itself, is overly stressful and may cascade into actions that are career ending.

Some information came out of Louisiana's effort to enforce C&R: An AMC admitted in an open hearing that ANY state board action against an appraiser made that appraiser ineligible to be on their panel. I had hoped appraisers would finally realize how far the pendulum has swung, but not a single blog or article was written about this abusive practice. The C&R zombies thought they had what they wanted, why care about the poor schmuck with a career ending administrative action for a late license renewal? Or for that matter a 10 year old DUI.

Any premise of guilt is improper and should not be tolerated. Investigators/reviewers for state board must do their jobs objectively, and not be "hired guns."

But that's what we have now. In the real world investigating every complaint presumes guilt, like it or not that's life in the big city. Any AMC or lender will just move on to the next name on the panel, tough luck for the poor schmuck who wouldn't buckle to Boom Boom Bonnie, Realtor extraordinaire.

I know that when I was working for my state board every defendant's attorney would try to paint me as a "hired gun" who would find fault with any report submitted. In response the State would note that in 40% of cases absolutely no action was taken with the appraiser because nothing actionable was found, and in a large percentage of the rest the items found were minor.

I don't think you're a hired gun, and I'm not questioning your actions, it's the system that's broken.