Urgent Help Needed - saving my appraisal career

[Marty S.]

A bit about me. 24-years as a Certified Appraiser in an area about 1-hour NE of Kansas City. Yes - a rural area.
I am the only active appraiser in a three county area.
So yes, I am as busy as I want to be.
I enjoy the profession and like the complex assignments I get from time to time.
I completed an appraisal almost 3-years ago in a small town of 2,500+/-.
The home was significant because JC Penny was its original owner. It was purchased by a company that specializes in historic older homes.
The 125-year old home was so clean - you could eat off the basement floors - yes - that clean.
It was 3,000 SqFt and by far - the largest home - and nicest home in the entire town. No comps in the town. No comps in a 20-mile radius like this one.
Therefore I went 25-miles out and found three comps that were similar in three different communities - adjusted for location - and explained in detail the how and what I did to complete the appraisal.
Two-years later the client I appraised the home for - their CEO opened the door and told his 200 employees they were laid-off. Fannie Mae was pissed and audited their files. My appraisal file was one of those selected. I received a letter to appear in front of the state commissioners meeting. I became reacquainted with the particulars of the property and met with the commissioners. I explained the how and what of the appraisal and I felt I left the meeting with a positive outcome. The only thing that came up was the fact that I did not document the site values and any adjustments they may have had.....that's it. Nothing else.
About two weeks later I get a letter from the commissioners office stating that Fannie Mae recommends a 30-hour sales comp approach class and a 4-hour site evaluation class. No "due by" dates and no mention of exams. So I call the commissioners office and ask about the classes and they agree on-line classes would be okay. I then ask them about exams. They said exams are not required. So I plan to take the classes this winter - when our business slows down.

On 12/5 I receive a letter stating both classes have to be completed by 12/31.....the first time dates have ever been mentioned. So I put off some Christmas gathering to take the courses. I even asked the course providers to not take the exams - because I was told I did not have to take them.
So today - after receiving a letter from the course provider that did indeed take the class - passed the exam - but did not sit for the proctor exam - that this 30-hour course does not count because I did not sit for the proctor exam - AFTER the told me I did not have to take the exam.....
Why is this important - because could loose my license because I did not sit for the exam. I was told my the course provider to take the course, take the quizes. take the course final exam - but "call us before the proctor exam because you do not need to take it".....I followed their directions - now I am in a loop
Please take the time to think about this before you respond. I fill I am getting the shaft.....
Is it time to lawyer up ?

In situations like this, having a lawyer is usually better than not. For example, the attorney could help you with documenting your communication between the course provider(s) and the Board.

Just a fundamental question about your original post that has me confused about the process: Why is Fannie Mae recommending the Board's regulatory/compliance outcomes? Fannie Mae filed the complaint against you -- they are not the Trier of Fact, they are not part of the composition of the Board, nor are they the state's legal representative. And, did Fannie provide 'live' testimony to the Board, or did the Board only review the Fannie compliant form?

There is/are a series of online courses that the Appraisal Foundation offers to address some of the more common USPAP compliance issues that appraisers might need to brush-up on to clear their Board disciplinary outcomes, so maybe one or more of these might be an alternative? https://appraisalfoundation.org/imi...spx?hkey=cc07ba59-d601-4c3c-9d37-ec5750dbbf94

Unfortunately, many State appraisal Boards are part-time and many offices are shut-down or have minimal staff over the holidays, so you might not be able to get this resolved immediately, but document your efforts to work through the Board's concerns -- that 'goodwill' might help you resolve this.

Keep us informed -- good luck!

Marty

 

[mutigerfan]

Yes - I have had E & O for 23-years. I will wait until end of the day Monday before I make my next move. The letter that McKissock sent states I took the course - passed the final exam - but did not sit for the proctored exam (because I was told it was not needed). The course states it is a 30-hour course...the question is that with or without the proctored exam. If I could get McKissock to change the letter they wrote it include, "he passed the 30-hour course" - I think I would be fine. Otherwise ....who knows

 

[Zoe]

I wish you would have contacted your E&O before you went and met with them. You are where you are now. Your E&O lawyer will still help guide you.

They want to protect you also. You may need another lawyer or somebody that is skilled at facing USPAP violation allegations.

I hope it goes smooth for you.

Were there any complaints filed by the homeowner or another party to subject property situation?

I assume they sent you a formal complaint on who filed the complaint.

 

[Zoe]

I am trying to figure out the connection on the company that laid off their employees and Fannie auditing their files. I don't need to know. Your E&O lawyer will help guide you.

Your E&O company will help you. Don't worry about them getting upset with you. Be prepared to send them the documents and things you have. Your not filing a claim with them. They may say let us look into this and get back to you. We will help guide you further.

Sometimes you have to fight fire with fire and the commission will back down.

 

[Trihard]

There is a lesson here. If you are asked to do any form of complicated work that involves Fannie, make sure you decline it.

 

[Zoe]

There is a lesson here. If you are asked to do any form of complicated work that involves Fannie, make sure you decline it.

That's right,

Let them order a waiver.

 

[Non Sequitur]

There is a lesson here. If you are asked to do any form of complicated work that involves Fannie, make sure you decline it.

Years ago, a former state board member gave me the same advice.

To the OP. Sorry to read you're in a jam. But whenever dealing with a GSE, state board, etc. the age old "If it is not written down, it does not exist" is best policy. And even when written down it's a matter of how they want to interpret, but at least you have a fighting chance if you have something in writing. The way I read your post you have no choice, good luck.

 

[Cob]

There is a lesson here. If you are asked to do any form of complicated work that involves Fannie, make sure you decline it.

I have made this comment on here MANY times about EVERY assignment, you don't have to accept EVERY assignment, I typically get lambasted by many on AF for making that comment, but in todays residential appraising climate, maybe I won't get yelled at as much, most people reply that you should accept these types of orders as "how will you ever learn to appraise difficult properties" my answer to that is, I don't need to learn how to complete them, I have completed enough of them in my career to now decline them.

 

[J Grant]

Yes - I have had E & O for 23-years. I will wait until end of the day Monday before I make my next move. The letter that McKissock sent states I took the course - passed the final exam - but did not sit for the proctored exam (because I was told it was not needed). The course states it is a 30-hour course...the question is that with or without the proctored exam. If I could get McKissock to change the letter they wrote it include, "he passed the 30-hour course" - I think I would be fine. Otherwise ....who knows

Imo, it is better to be on the phone with your E and O Monday morning instead/and or write a simple letter to the board outlining what happened - your E and O might write the letter for you.

Reading the above - under investigation by the state and asking Mckissok to fudge things with a letter that "he passed the 30-hour course" does not sound like a good mix.

Since they specifically mention the proctored exam, it seems that your idea might just be wasting more time-

 

[chad hampton]

I’d contact the board and ask about what you can do. I don’t think most boards are interested in taking away someone’s career over what amounts to a technicality. Unfortunately in this day and age, you have little choice but to decline most oddball jobs as there’s a lot of people inside the industry that’s out to get you. I can’t say I totally understand how it went from a GSE issue to the board taking away your license, but I would just speak to them.

That doesn’t work, just offer them a bribe or threaten them. That’s what Revaa does Maybe one of their ex-spokemen on here can tell you how to do that best.