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Reasons a complaint is filed

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Terrel L. Shields

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May 2, 2002
Professional Status
Certified General Appraiser
State
Arkansas
Ark. App. Lic & Cert Board listed 7 reasons given as what was the central issue in the complains. I highlighted the ones I thought unusual.

1- Consumer unhappiness with the value
2- Foreclosure review suggested the original report was inflated
3- Failure to select appropriate sales or using non-existent comps
4- Using subject pictures containing the borrower
5- Omitting existing structures in or overstating the number of improvements
6- Failure to analyze previous sales or history of comps
7- Failure to perform in a timely manner

Note that Arkansas has investgated 210 complaints and dismissed 100 since 1991. 90% of the remaining have been worked out in Non-judical Hearing. In 2002 39 complaints were filed with 48 individual appraisers involved (about 1 in 15 of the state appraisers)

2 licenses are currently suspended. Ben Pixley of Fort Smith CR0562 who after agreeing to sanctions over using inflated listings as sales and certifying that he inspected the interior when he did not, and on another property had vastly different appraised values for two appraisals months apart for the same property, and he was fined $2000, lic. suspended for 9 mo.

Sylvia Duke of Kentucky, reciprocal appraiser CR1332N, failed to complete her agreed sanctions for an earlier infraction which included taking a H & B Use class, and her license is suspended until she completes the class and appears before the board.

Because of the increase in complaints, the state has added Mary Lou Brainerd, former board member, as investigator. She is cert. General appraiser.
 

Mountain Man

Elite Member
Joined
Jan 15, 2002
Professional Status
Certified General Appraiser
State
Georgia
Yeah, I'd say that's pretty close to complaints in GA too. And the #1 complaint is definately value complaints....... unhappy HO, I gotta have this loan! :roll: But thank God GA will not investigate just a value complaint. It's gotta be more than that, or the complaint goes to the round file.
 

Bill_FL

Senior Member
Joined
Aug 23, 2002
Professional Status
Certified General Appraiser
State
Florida
Wow. Does your state law say the borrower cant be in the picture?
 

Terrel L. Shields

Elite Member
Gold Supporting Member
Joined
May 2, 2002
Professional Status
Certified General Appraiser
State
Arkansas
No, as far as I know. Doesn't mean they cannot complain. I suppose the problem might be in the race of the person viewed, which might be seen as some subtle bias. I am sure most appraisers have had the problem of kids wanting to be in the picture, but would you really worry about someone complaining about it? Apparently someone did.
 

Austin

Elite Member
Joined
Jan 16, 2002
Professional Status
Certified General Appraiser
State
Virginia
I did an appraisal once in an older area of the city. The house had burned beyond repair and I was appraising it for the mortgage company for use in making a decision as what to do with the property. I suggested that they take the insurance proceeds and drop their claim on the land because the land would most likely be a liability that couldn’t be sold because all houses were rentals near the end of their economic life. When I went to the neighborhood at 2PM in the afternoon the street was crawling with people. There was a house directly across the street with a number of older men sitting on a second floor porch playing cards and drinking wine. I told them I was from the newspaper doing a story on the house fire and naturally they all wanted their picture included for the paper. There is no way I could have taken pictures of this neighborhood without scores of people in the picture. I sent the appraisal in with the pictures and never mentioned one word about the neighborhood. About two weeks later I got a call from the president of the mortgage company headquarters in Richmond, Virginia, and he said that in 30 years of reading appraisals he had never seen a better neighborhood analysis than the one I had submitted. That is probably the reason it is against supplemental standards to include people in the picture.
 

yvonne dill

Sophomore Member
Joined
Jan 21, 2003
Consider yourself fortunate you have a diligent board. OK board is located within the Insurance Board. They share office space in OKC in a mall turned government offices. Nice. Anyway, some complainant found out "someone" was THROWING written complaint packets away. Of course, the appraisal board said it was insurance board personnel. Of course it was. I mean-why-sure. I believe that.
 

Terrel L. Shields

Elite Member
Gold Supporting Member
Joined
May 2, 2002
Professional Status
Certified General Appraiser
State
Arkansas
some complainant found out "someone" was THROWING written complaint packets away

Wasn't over Chad Stites was it? He got in a lot of hot water over buying property that he appraised for the Sheriff's sales. Seems Ok had dismissed other complaints about him.
 

Tim The Enchanter

Elite Member
Joined
Jan 24, 2002
Professional Status
Certified Residential Appraiser
State
California
4- Using subject pictures containing the borrower
:roll:

Guess I'll have to make sure to "rub them out" :p of the picture.
Ya know, with the computer. 8O
 

Oregon Doug

Senior Member
Joined
Jan 15, 2002
Professional Status
General Public
State
Oregon
Terrel - what? only 210 complaints since 1991? I don't know how many appraisers you have there in AK but I suspect that it's similar to what we have here in OR (a tad more than 1,300 right now).

We have had 168 complaints filed since 8/1/00. 59 (35%) have been dismissed for various reasons, 50 (29.8%) have been closed with some sort of civil action (fine/education/revocation...) and 1 has a proposed order out with the remaining open 58 in various stages.

I tried to poll the various delegates to the AARO convention on this matter a couple of years ago but was unable to draw any conclusions. NY state had very few complaints filed but quite a large appraiser population, some states (like N Dakota with less than 300 appraisers) have few complaints. Others (like Texas with 4,500 +/- appraisers) have quite a few. California had about 10,000 appraisers then but not a proportionately high number of complaints.

When I have a little free time, I may poll every jurisdiction to see just what the ratio of annual # of complaints to the # of appraisers is. From what I have gathered so far - some states seem to be full of complainers, others not. I don't know what that means - are good appraisers all in a few states and the bad ones in others - do some states have a better training process then others? I'll also try to find out what portion of complaints are dismissed and what portion result in some sort of civil action in each state.

inquiring minds want to know....Oregon Doug
 

Terrel L. Shields

Elite Member
Gold Supporting Member
Joined
May 2, 2002
Professional Status
Certified General Appraiser
State
Arkansas
We barely have 800 CG, CR, and SL appraisers..There are also a class of Registered appraisers (RA), i.e.- trainees who require the co-sign of one above.

There has been a steady 10-20 complaints annually until last year when the number went from like 22 in 01 to 39 complaints involving 48 appraisers. Actually in the first year or two there were virtually no consumer complaints but the consuming public has got smarter. Complaints then tended to be professional jealosy, but I remember one case where a friend of mine faced the board because a repair man who botched some required FHA repairs was not paid by the Realtor who was picking up the tab. When S------ rejected the repairs, the Realtor would not pay the guy and he refused to come back and do it right, so he filed a complaint to the State Real Estate Board over being stiffed and against the appraiser to the AALCB claiming S------ was not qualified to judge the repair work. It was thrown out but was about a 3 mo. process of exchanging letters, then appearing before the board. The repairman did not show of course, so he got to waste a 240 mile trip to LR to have it dismissed as a no show.
 
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