Suspensions And Revocations

[Terrel L. Shields]

you are guilty of something for no other reason than the state says you are.

You are correct. Boards are genuine "kangaroo courts" - seriously. They are composed of people who know about as much about "law" as I know about the life cycle of a butterfly. They "think" 2 things erroneously almost as a given. 1) That USPAP is law (it isn't.) and, 2) that they personally have a good handle on USPAP. (they don't. no one does. period. it is a wild mustang. the fact you have a rope on it does not mean you are in control.)

The worse problem is that in some states you cannot even go to court and overturn them. But even in states you can, you are fighting an uphill battle on the one hand, and it costs an arm and leg. I know appraisers who have spent from $15,000 - 50,000 defending themselves. If I had the backing of the state attorney general then I don't have to worry about the expense. So I believe in loser pays and when a state board errs and is overturned, I think it appropriate that the investigator and the board members who voted for the sanction should have to reimburse the appraiser out of their own pockets....that ain't never gonna happen.

 

[Mike Garrett RAA]

I can honestly say, with the exception of one who voluntarily surrendered her license, I don't know any of those appraisers who have had their licenses revoked.

How many of us can say..."There but for the grace of God go I".

 

[Mike Kennedy]

This email provides a listing of appraisers against whom a State appraiser regulatory agency has taken disciplinary action. Appraisers named on this listing are not eligible to perform appraisals in connection with Federally related transactions unless and until their credentials with the State have been reinstated. Information in this listing is based on the most recent data submitted by the State appraiser regulatory agencies.

DISCIPLINE NOTICES FROM Wednesday, July 06, 2011
ST License # Last Name First Name Middle Name Action Effective Expiration
-- --------------- -------------------- -------------------- -------------------- ----------- ---
GA L295592 JONES LYNN ELIZABETH Revocation 06/25/2011
GA L245488 MC ILVEENE JAMES L Revocation 06/25/2011
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If you have questions regarding data contained on this notification, you may email Denise Graves, Deputy Executive Director at denise@ASC.gov.

 

[Mike Kennedy]

This email provides a listing of appraisers against whom a State
appraiser regulatory agency has taken disciplinary action.
Appraisers named on this listing are not eligible to perform appraisals
in connection with Federally related transactions unless and until their
credentials with the State have been reinstated.
Information in this listing is based on the most recent data submitted by
the State appraiser regulatory agencies.

DISCIPLINE NOTICES FROM Friday, July 08, 2011
ST License # Last Name First Name Middle Name Action Effective Expiration
-- --------------- -------------------- -------------------- -------------------- ----------- ---------- ----------
NC A6897 DONNELLY KENNETH J Suspension 07/01/2011 01/31/2012
CO CR40024336 CHASE CHRISTOPHER L Voluntary S 06/29/2011 --
===================================================================================================================
If you have questions regarding data contained on this notification,
you may email Denise Graves, Deputy Executive Director at denise@ASC.gov.

 

[Bob Ipock]

Looks like he did not get that mandated education done or did not take/pass the required exam.

This is from the February 2011 edition of the NCAB Appraisereport:


Kenneth J. Donnelly A6897 (Charlotte)

By consent, the Board suspended Mr.
Donnelly’s residential certification for a
period of one year effective December 1,
2010. The first three months of the
suspension are active and the remainder
is stayed until July 1, 2011. If Mr.
Donnelly completes a sales comparison
class, a class in Mastering Unique and
Complex Properties, and the 15 hour
National USPAP course (with
examination) by July 1, 2011, the
remainder of the suspension shall be
inactive. In addition, Mr. Donnelly must
take and pass the state residential
certification examination by July 1, 2011
or the remainder of the suspension will be
active. There were two cases against Mr.
Donnelly. In one case, he performed an
appraisal of a property located in
Charlotte, North Carolina in January
2009, finding an appraised value of
$900,000. The subject property is a 2
story, 12 year old condominium. The
subject is one of two attached
condominium units located on a corner lot
with each unit fronting on different streets.
Only one of the sales used in the sales
comparison approach was comparable to
the property. That property sold for
$635,000. The other two sales were new
2 story townhouse-style condominium
units located in a multi-unit complex that
each sold for over $1,500,000. These
sales were located in a superior area and
were of superior construction, and
inadequate adjustments were made for
the differences. There were other sales
that could have been used to value the
subject. In the second case, Mr. Donnelly
appraised a property located in Belmont,
North Carolina effective April 20, 2007 for
$375,000. The subject property is a one
story, brick and wood sided home with
3221 square feet located in a traditional
city subdivision. Mr. Donnelly had the
wrong owner listed on the report. All of
the comparable sales are outside the
subject’s immediate area. The houses
were similar in size to the subject but
were newer and in superior areas, and
minimal adjustments were made. There
were other sales that could have been
used to value the subject. Had these
properties been analyzed in the report,
they would have indicated a lower value
for the subject. Mr. Donnelly failed to
keep an adequate work file for this
assignment.

 

[AnonApprsr]

From the cases I personally hear of the State Board can seem retarded at times, in the sense of levying retribution from an appraiser for petty "offenses." However, some of the cases I read about it seems that either the State Board performs adequately, or lets off scumbags with very little punishment.

 

[Bob Ipock]

Newsome Robert Suspension

http://pr.mo.gov/boards/appraisers/discipline/Robert%20Newsome%20062011.pdf

Heyden was disciplined in NB first??
http://pr.mo.gov/boards/appraisers/discipline/William Heyden.pdf

This might be an interesting read
http://pr.mo.gov/boards/appraisers/discipline/Richard Cunningham.pdf

I also noticed an inordinate number of folks who get sanctioned for not having their CE and USPAP completed by the date that they certify. They often have the hours but took them weeks or months after they paid their dues and claimed to have completed CE. Duh...just too busy to screw with it? Com'on how hard is that? At least in my state they do require we show the proof of the class BEFORE we can renew, not merely state we have done it.

NC requires the SCHOOL send in all course completion data, for every appraiser, every CE course....every time. This system is the only way to go. It prevents most CE fraud and assures that no time is wasted "checking for CE". It gets done and it gets reported.......or no credit and no renewal.

 

[Terrel L. Shields]

Arkansas requires the school to send it in, but it also requires the appraiser to have the original completion certification signed by the instructor or class/school supervisor - without that you must submit the CE request with the course outline and the board may or may not approve it.

How many of us can say..."There but for the grace of God go I".

Every single one of us Mike. The problem with USPAP is the problem with the IRS tax code. It is too long and too convoluted for everyone to agree on its interpretation. Contrary to the argument that such administrative laws are "shades of gray", they in fact, are very much black and white....the problem is that tax situations and appraisal assignments are what is shaded gray... So which box does the situation go into? The black one? The white one? ...because there is no gray boxes.

I also "have a problem with" the notion that boards are lenient on people when I have yet to see someone sanctioned who is not severely hurt by it. Especially when those people end up in court and win over the board's decisions. That has happened a number of times in Arkansas and it is a pyrric victory because the person is out thousands in fees, hurt by both the lost time and attorney fees.

We've had 2 people over the years whose name was taken off the Roster because they got the wrong name including one earlier this year - His name was Bearden, the person sanctioned was named Beard...

Further, USPAP classes are used as punishment. Think about that. Punish them but often the issue isn't KNOWING USPAP but rather it is THEIR INTERPRETATION is different from the investigators... And requiring people to take say, an income course, like duh? Did they really not know how to apply DCF or is it an interpretive thangy...?? Time and again, the courses required do not really change the mindset of the appraiser and in some cases, shouldn't...

Often I see sanctions for failing to have a complete 3 year history and usually, they botched it but 99 of 100 times it has no impact whatsoever on the value of the property. Big deal, grandpa deeded it to Junior for $1 in a family transaction, big deal. And often the "pinch" isn't for finding out that a tranfer occurred but rather the state sanctions them for "stating" but not "summarizing" the information. Often the person has no way of telling who those people were back then and therefore there isn't anything to summarize. It's a "Yes, we have No bananas today" argument, explaining negatives were never my big issue.

 

[Mike Kennedy]

This email provides a listing of appraisers against whom a State
appraiser regulatory agency has taken disciplinary action.
Appraisers named on this listing are not eligible to perform appraisals
in connection with Federally related transactions unless and until their
credentials with the State have been reinstated.
Information in this listing is based on the most recent data submitted by
the State appraiser regulatory agencies.

DISCIPLINE NOTICES FROM Tuesday, July 12, 2011

ST License # Last Name First Name Middle Name Action Effective Expiration
-- --------------- -------------------- -------------------- --------------------
VA 4001006033 COATES CATHERINE L Suspension 07/08/2011 --
===================================================================================================================
If you have questions regarding data contained on this notification,
you may email Denise Graves, Deputy Executive Director at denise@ASC.gov.

 

[Mike Kennedy]

This email provides a listing of appraisers against whom a State
appraiser regulatory agency has taken disciplinary action.
Appraisers named on this listing are not eligible to perform appraisals
in connection with Federally related transactions unless and until their
credentials with the State have been reinstated.
Information in this listing is based on the most recent data submitted by
the State appraiser regulatory agencies.

DISCIPLINE NOTICES FROM Wednesday, July 13, 2011
ST License # Last Name First Name Middle Name Action Effective Expiration
-- --------------- -------------------- -------------------- -------------------- ----------- ---------- ----------
OK 12724CGA Rogers Travis M Suspension 04/30/2011 04/30/2013

===================================================================================================================

If you have questions regarding data contained on this notification,
you may email Denise Graves, Deputy Executive Director at denise@ASC.gov.