State Complaints

[JoTetherow]

different states

we are in different states.

everyday when i read of the crap going on in other states i am very glad i am in NYS!! the investigators DO listen to the regional advisors and they DO NOT seem to be out for blood. the judges seem to be fair.

 

[Doug Meyer]

I know we are in different states . How many other state boards appear to have an agenda around the country?

 

[Fred]

shame on the reviewers that go over a report with the proverbial fine tooth comb for small errors just to show that they did their work.

I think a point that gets missed is that state boards ARE reviewers. They are part of a polical system and thus are bureaucrats. In beaurocracies, lists of minor errors are coin of the realm. It creates the appearance they are doing their job, it gives the prosecutor the "list" he needs to rattle off to impeach credibility, and it doesn't uncover anything serious that might take time, effort and resources to fix.

The state board system guarantees that what you will have is reveiwers fixated on small errors.

 

[JoTetherow]

not me

steve,

i am a regional advisor (reviewer) for NYS

i do not "fixate" on tiny errors and the head guy, ernest delaney, seems to be extremely fair.

 

[Fred]

I am sure everyone says that. I am sure that the positions are populated by good people, trying to do a good job. But a camel is a horse designed by a committee. I have been reading disciplinary actions for 15 years. One of the first disciplinary actions I came across appealed to the a court (Wisconsin) was literally for insufficient use of the past tense. Good thing you don't appraise there or they might ring you up for lack of capital letters.

 

[JoTetherow]

Good think you don't appraise there or they might ring you up for lack of capital letters.

hahaha not me. i am one of those dreaded appraisers that use all caps in my reports.

and e e cummings for the rest of my communications.

never did like "shifty" keys...

j

 

[Ray Miller]

I admitted that I had some auto-fill problems, I admitted a had some clone problems. I also stated that I had sent correct reports.

When the state attorney says that I don't belive you correct the reports until you got the notice from the state. That is what makes me mad.

When the state attorney says you were unwilling to work with the state because your office failed to send the complete work file because one invoice was not copied and sent.

When the state attorney and the Investivegate Appraiser tried says this is required by USPAP and no where in USPAP is it covered. And more then once, matter of fact several times.

When the state appraisers is using USPAP rules that are two year old and dose not understand that it was changed.

We will wait and see what shakes out. They have not responded to my request for a show cause hearing and they only have twenty days in which to have the hearing. 1/3 of thier time is gone now.

When the head of the department defers back to the same pannel that heard you the first time, just what chances do you have the second time around? What kind of fairness is that. Are they going to let the investagative appraiser set in on the closed door part again?

I have other appraisers call me here in Wisconsin that have been appraising for 18 years saying the state is on there backside now, trying to pulled thier licenses. I had people I have gone to school with not receive thier license for some small reason that did not affect the value in the work product they filed with the state. I have had people I went to school with who did the License, Cert Res and were finishing up thier CG. The mentor was a class instructor who has been an appraiser for years. I understand They told the student to go back and retake the CG course and the mentor was order back to class as well. The mistake I don't think was a mistake and it did not effect the value in the report. But the state nailed them both.

I guess what really gets me is the state requested additional work product which I sent them. The only one it appears they had a problem with was the one the complaint was filed on about the fee and I missed one of the invoices. They never once brought up the fact that they had additional work product that must have appeared ok.

If I truly need additional schooling I have no problem taking it. But one of the rumors I have heard that they may require after the hearing that I pay all cost for the state which will amount to tens of thousands of dollars for the investgation and hearings, that I be require to work under a mentor for one to two years and I take additional courses.

I feel sorry for other appraiser who I know are much better at this them I am going through the process of formal hearings.

Oh well I am just rambling now. Thinking and Rambling not a good thing.

 

[doreencampbell]

I think a point that gets missed is that state boards ARE reviewers. They are part of a polical system and thus are bureaucrats. In beaurocracies, lists of minor errors are coin of the realm. It creates the appearance they are doing their job, it gives the prosecutor the "list" he needs to rattle off to impeach credibility, and it doesn't uncover anything serious that might take time, effort and resources to fix.

The state board system guarantees that what you will have is reveiwers fixated on small errors.

This is true. Plus, they sometimes luck out when so many fail to fight it & pay the fine. Later, we discover that our trainee's error/duplicity even (in my case) was an economic life sentence that only took effect afterward. In other words, in the boom/frenzy, all is well. But later, they start to scape-goat and to blacklist, and those with prior complaint history are judged more harshly and despite even decades (2+ in my own case) of successful and lilly white prior practice, "now" that appraiser is to be questioned and blacklisted, probably more for their Lack of collusion than anything else - the discipline now becomes the excuse for the scapegoaters. And the board is seen as "tough on crime" with less effort than a newer person who's made more than the more conservative appraiser who had a bad trainee & was nailed for their actions....
__________________

 

[Fred]

hahaha not me. i am one of those dreaded appraisers that use all caps in my reports.

and e e cummings for the rest of my communications.

never did like "shifty" keys...

That all just goes under the "misleading" umbrella in a kangaroo court.

I think Ray meant to post that in another thread, which not coincidentally, I was going to excerpt here.

Ray says the prosecutor keeps re-asking a question that implies there must be an error in the appraisal because of the 10% difference between the cost approach and sales comparison approach.

 

[Jim Hill]

Who better to go after when things go wrong.

I think one reason they go after appraisers is they consider us the weakest leak in this whole process.

I believe the vast majority of us are small shops which in the eyes of a lawyer means easy pray.

On the other hand most lenders have staff lawyers and others who look forward to going to court and make a great deal of money with this whole process.

If you look at appraisers through the eyes of most lawyers we look like an easy target to them.

Another question that pops up from time to time is do you have a greater chance of you getting taken to court if you have E & O Insurance?

I knew of one appraiser who did very large oil refineries all over the world and their appraisals reports cost upwards of $75,000 dollars each and when I asked the question about E & O Insurance I was informed that they do NOT carry it.

I was shocked to say the least but they when on to explain why they do not carry it and also how they protect their company.

Let's face it the average appraiser is an easy target to go after.

I was involved in a law suit years ago against the New York Times and one of their lawyers flat out told me there was no way I could win because they have more money then me and they could drag the case out for years if that's what it took and you know what? They were right.

How many appraisers do you know who are willing to spend between $10,000 and $100,000 dollars figthing in court?

Jim Hill