Three days of hearings on my same complaints again. I have questions?

[Smokey Bear]

Ray - you guys need to start sending FOIA requests to the board, building up lots of evidence, and going to the US Attorney General to have them take down this rogue board. The things they are doing are crazy, and I bet they've put a lot of appraisers out of business or at least censured them and gotten lots of money out of them, with no real evidence that anything was done wrong. These guys need to come down, especially the ones hiring the incompetent "experts" and expecting you to pay for it.

 

[Fred]

9. It is against USPAP and the LAW to use MLS photos in an appraisal report. This was presented by one of the reviewers. The same one that used the wrong USPAP Standard for review.

4. An expert reviewer can review your report under the wrong standards of USPAP. In other words one of my reports should have been reviewed under the 2005 USPAP and the reviewer used 2006 and gave three hours of testimony using the 2006 USPAP. Should his testimony stand, should I file a complaint?

No, you should sue for negligence.

If your story is accurate, it proves something I have been saying for a long time. The USPAP IQ of this forum is substantially higher than that of the profession at large - substantially. No one could post the nonsense claims about USPAP that you reported, without having ten well-equipped appraisers attacking the absurdity of it on the first day. BS doesn't travel far here, but in bureaucracy, BS can garner better protection than an endangered species.

In my opinion, the prevailing state of appraisal practice continues to be people taking whatever their pet peeves are and inflating them into allegations of USPAP violations (which is in itself a violation of USPAP). From what I have read, geographic competency and the cost approach continue to be the two elements of appraisal practice most cited in pet-peeve inflation. There seems to me to be a prevailing sentiment that lack of geo-competency doesn’t have to be proved, only assumed. Also, those who “like” the cost approach continue to be hell-bent on forcing others to develop it and develop it their way. Think about it, the ASB actually had to publish via FAQ that one need not develop the cost approach in an appraisal of vacant land - and if that question were actually asked "frequently," it ought to scare the daylights out of any reasonable to appraiser to see how far some of us would go to force others to do the cost approach.

This sad case is a good illustration of the rampant bias manifest in the state board system. It shows why appraisers anxious to create more boards and commissions through HVCC’s and IVPI’s are wrongheaded, because when these boards and commissions make errors, there is little possibility of recourse. There is an inherent checks and balances problem, every time the law permits the executive branch to judge cases. If these issued had to go through the judiciary instead of the executive branch, you would have the opportunity to depose these “experts” before they testify, and have an excellent chance of excluding nonsense from ever becoming part of the record.

 

[Fred]

they've put a lot of appraisers out of business or at least censored them and gotten lots of money out of them,

I think you meant censured, but they were probably censored, too.

 

[Smokey Bear]

I think you meant censured, but they were probably censored, too.

Both will work!

 

[Louis Pompeo]

Question for Ray:

Ray:

Let's go back to the beginning.....

How is it that you came under the scrutiny of the State Appraisal Board?

Who made the initial complaint?

What was the nature of the complaint?

Was anyone "hurt" as a result of using your appraisals?

Have you ever been investigated before? If so, what was the nature/outcome of that/those investigations?

 

[Otis Key]

Ray,

First, since you're aware that they read and monitor this forum, I'd stop airing my laundry (clean and dirty) here. I'd suggest you get your support and/or questions answered via PM or email.

 

[Smokey Bear]

Ray,

First, since you're aware that they read and monitor this forum, I'd stop airing my laundry (clean and dirty) here. I'd suggest you get your support and/or questions answered via PM or email.

It's not HIS dirty laundry, it's the board. Posting here is a way of saying we are NOT going to let you get away with this crap, and we ARE going to expose the board for the bunch of personally interested witch hunters that they appear to be. The board has gotten away with too much because too many are willing to roll over and take it without a wimper. It's time that it becomes real public what these guys are doing.

 

[Pamela Crowley (Florida)]

It's my understanding that at least one complaint was filed by a MB that was mad at Ray for wanting to be paid.

I also believe this situation needs to be taken to the Feds.

 

[Pamela Crowley (Florida)]

Witch hunts only work well in the dark.
Bringing this situation to the light is exactly what is needed.
The more informed all are, the better off all are - except those that would prefer to keep what they are doing hidden.....

 

[Ray Miller]

Ray,

First, since you're aware that they read and monitor this forum, I'd stop airing my laundry (clean and dirty) here. I'd suggest you get your support and/or questions answered via PM or email.

Otis,

Thank you for your advice. But in this case I must disagree with you. I have admitted that I made some mistakes in my reports, that I had changed and sent to the lender a corrected report.

In all but one of these cases they were submitted to the board because I forced payment on the finial report. In two of the cases we never have received payments for the appraisal.

Another report was sent to the board because I would not change the verbiage in the report from "had been declining to stable but may start to decline in the future because of the state of the market." Also because they felt I over charged for the appraisal. Never mind the large number of times I went to the property and no one was their after sitting the appointment. Never mind it took three trips for the borrower to get the safety bars across the 2 flood decks that were not there. Never mind the lender wanted three additional comparables and this is a rural area. Never mind they never did pay the fee for the appraisal. This is also the one the state is harping on that the invoice is part of the work file.

Just like in the first go round in this case, I felt that the general public and the other appraisers should in fact know how the state board was doing business. They needed to know that my case worker was the expert witness for the board; they needed to know that the case worker and expert witness was a board member allowed to attend close door session that I was not. They needed to that the case worker, board member; expert witness was also the investigator on the case. Can you say conflict of interest at the least? They needed to know that this expert witness review reports that they had no data base for, any MLS system and did not appraise, live or work in some of the areas of the subject property.

Many of the appraisers I talk with at CE and Conventions have a very great fear of this Appraisal Board. They fear so much that I bury their heads in the sand and never say a work, hope and pray the state will go away if they get what they want. I feel it like a dog I had once. Ole Toad, when you started to scolded him he would simply roll over on his back and if you kept talking to him or pointed your finger at him he would P I ss all other his self out of fear or displeasure of being scolded.

By no means am I perfect, but if I made a mistake I will own up to it. I fear not what others may think or judge me for those mistakes. By posting mistakes I can hopefully learn from others. Just in this thread in the last few days I have learned things I didn't know or quite understand. Myself I try not to judge my follow man for mistakes they may make, I do not walk in his/her shoes. But if I understand the problem I might share with them how I would handle it or try and give them the correct answer.

But I feel if we continue to hide and fear the state and the state board’s actions they will continue to do what they want.

I do consider your council, opinions in all your most, for the most part I agree with most. Your posting and answers have taught me much. But this time and on this point of "airing dirty laundry" we must agree to disagree with each other. If I am one that will kick a sleeping bear to see if it is alive.