OREA USPAP complaint

[Terrel L. Shields]

I am worried that I am going to have to spend a lot of time getting all these work files ready to send in then go through a bunch of BS!

Has anything like this happened to anyone?

Oh, sister where have you been? YES. THIS HAPPENS AND IT HAPPENS FREQUENTLY. And thanks to stupid laws and a VERY STUPID ASC, they can go on a witch hunt forever....

If you have E & O contact them immediately. And I would contact my own attorney about handling the paperwork between states. First, if you no longer are licensed in that state, they may not have jurisdiction. Secondly, even if they file for enforcement in Texas, they might find they don't have the authority to do so nor the state of Texas might not have the authority to adjudicate it anyway. Just because someone's administrative REGULATION says so, doesn't make it LAW...a good administrative law attorney might make the difference.

In our state, upon the most flimsy anonymous complaint the state board can make you go to Little Rock (440 mile round trip for me) and meet with the board reps. Nevermind everyone (board and you) know that its a crock of krap, the complaintant knows he can cause you grief and expense merely by filing. Its a win-win for the mortgage broker who wants to whack you for charging him a fee then not bringing home the bacon. He is out nothing. You are out far more than his client paid.

It is an unfixable broke system and the main reason I would support abolishing the licensing of appraisers.

I suppose I should caveat that the ASC is responsible for pressuring boards to treat everyone equal and if you make joe blow drive to LR from Conway but you agree to handle someone in NW Arkansas 200 miles further by tele-conference, you will get cited by ASC for not treating everyone the same. Our state board has $400,000 in surplus funds... they can afford the gas as easily as I can.

 

[TexasRed]

Oh, sister where have you been? YES. THIS HAPPENS AND IT HAPPENS FREQUENTLY. And thanks to stupid laws and a VERY STUPID ASC, they can go on a witch hunt forever....

If you have E & O contact them immediately. And I would contact my own attorney about handling the paperwork between states. First, if you no longer are licensed in that state, they may not have jurisdiction. Secondly, even if they file for enforcement in Texas, they might find they don't have the authority to do so nor the state of Texas might not have the authority to adjudicate it anyway. Just because someone's administrative REGULATION says so, doesn't make it LAW...a good administrative law attorney might make the difference.

In our state, upon the most flimsy anonymous complaint the state board can make you go to Little Rock (440 mile round trip for me) and meet with the board reps. Nevermind everyone (board and you) know that its a crock of krap, the complaintant knows he can cause you grief and expense merely by filing. Its a win-win for the mortgage broker who wants to whack you for charging him a fee then not bringing home the bacon. He is out nothing. You are out far more than his client paid.

It is an unfixable broke system and the main reason I would support abolishing the licensing of appraisers.

I suppose I should caveat that the ASC is responsible for pressuring boards to treat everyone equal and if you make joe blow drive to LR from Conway but you agree to handle someone in NW Arkansas 200 miles further by tele-conference, you will get cited by ASC for not treating everyone the same. Our state board has $400,000 in surplus funds... they can afford the gas as easily as I can.

Yes that was my point thank you! I have six appraisals that I would send in as my samples to get on an approved list. Its ridiculous that some company can make a claim against me because they are mad they had to buy back a loan.

 

[TexasRed]

I don't think I am going to need the lawyer at this point. I would think that after sending in the work files the case will die. no smoke no fire.

 

[Marcia Langley]

AGAIN: As I have said, I will give my work file to the state.

My question was has anyone had anything like this happen?

I'm not sure which part of your OP this question pertains to but in general the client does not have a right to your workfile on a summary report. However they do have a right to ask for clarification of your reasoning.

I expect it is very rare that a client would ask for a copy of a workfile on a summary report. Was that your question? It is common for clients to ask for clarification.

Of course it is quite common for the state board to ask for workfiles, so I assume your question did not pertain to that.

 

[JonGalt]

I don't think I am going to need the lawyer at this point. I would think that after sending in the work files the case will die. no smoke no fire.

Be sure to contact your E/O insurance before you do or say anything. You'll explain the situation to them and they will guide you through what needs to be done. They most likely will want copies of your files as well so they can take a look at them for any potential problems.

 

[Terrel L. Shields]

no smoke no fire.

An arc welder doesn't burn until its too late

 

[Brad Ellis]

Michael,

OREA is not in the habit of requiring these without reason; however, it is sure possible it hasd nothing at all to do with you. Not saying that is the case but it is possible. Could be that someone else appraised a number of them well above where you were at.

Of course, it might be you they seek too but not much you can do about that. CA law provides for you to produce them upon demand- period. No reasons are given at all in the statute.

If you did your due diligence I'd not worry at all. If yu used only sompe from the condo development then you may find it was kind of a controlled market that did not make sense within the larger market (that is why Fannie requires a comp from outside).

Either way, good luck. And once you get another notice that you muct appear then I think it is time for that lawyer. I would not worry about it until then. A complete workfile will stay complete no matter if yo have legal representation or not.

Brad

Brad

 

[George Hatch]

Terrel,

Have you ever stopped to consider the possibility that your complaints mostly speak to your state board's policies and procedures and not to federal mandates and requirements?

If your state has regs that require personal appearances for stupid stuff that's a problem at the state level, not the national level. Most states don't have those requirements.

There is more than one permissible way to resolve complaints. The OREA routinely resolves certain types of complaints without even bothering the appraiser. Other times it just takes a phone call. I'm not sure if they even require personal appearances when they go to suspend or revoke licenses.

You've apparently got a problem at home. Maybe you should be leaning on your state to conform.

 

[stefan olafson]

Michaelldixon,

You NEED an attorney! Anytime a state board begins an action, it's time to circle the wagons and find out what they want, expedite the delivery to them, and make damn sure the items they request are USPAP compliant! Double check the contents of the workfile and make sure what's in there supports your opinion of value. It's not okay (at least in ND) to have references to where the information is located, it has to be in the workfile.

Clients have no right to request a workfile and it's not something you should do, sending them the information. BUT, the state boards can and do ask for anything they want.

If you want a short version of what happend to me, PM me, I'll take the time to inform you what a state board can do it the want to.

 

[TexasRed]

I have looked over all the appraisals and there are no issues, very clean. I am getting work files together. E&O has been called and they said it sounds like someone did something wrong but it didn't sound like to was me. I have left a message with the guy at the state to get some more info on what exactly the complaint is.