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We Must Start Policing Our Own!

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I still want to know if a bad Reviewer can be sued for liable if it cost you business.

A few months back I received a rather scathing review. While initially reading the letter I thought I had really dropped the ball. I was ready to turn myself in to the State. The Reviewer only had two concerns but they were so egregious that he had seriously questioned my conclusions and of course my opinion of value.

The subject was a new 1500 S/F brick house (3 months old at the time of the review) in one of the many new subdivision on the edge of town.

The first concern (requiring a great deal of condemnation from the Reviewer) was that the subject did not have a garage (true). My report had indicated the existence of an attached two-car side entry garage (true). I found it quite telling that the Reviewer did not know the garage DID exist at the time of my appraisal. It is funny how the criticism in the review can actually be applied to the Reviewer’s lack of investigation. My guess is that the Reviewer now has an excuse as to why he should not be held to the same standard to which he wanted to hold me.

[My rear photograph clearly showed the garage at the time of my inspection. I had even included a friendly note on page 3 of the URAR that the buyers were going to inclosing the garage after the closing.]

The second concern was my $S/F. This seems to be a canned observation in all reviews. Every Reviewer seen to have their favorite method for appraising and everyone else is WRONG. I guess it did not matter that comparables 2 and 3 did not have any adjustments at all and that comparables 1 and 4 only had $S/F adjustments (comp 1 +$5000, comp 4 - $5000). I am still VERY confused as to how not using half of the cost of construction new for the $S/F adjustment “greatly inflated the value of the subject.”

[I used four comparables because half of this small subdivision falls in another school district]

Granted, I only become aware of the reviews when they raise concerns (as above). This probably accounts for most of my apprehension, but I think there are too many unqualified Appraisers who appoint themselves as sheriffs. As they say, a little information is a dangerous thing.
 
A reviewer that slams someone just to slam someone shouldn't be doing reviews. I know this does happen just as I know there are fraudulent appraisals out there completed by people that shouldn't be appraisers.

There are good and bad appraisers and reviewers - as there are good and bad in all professions. We will never be able to eliminate all the bad; we can only attempt to eliminate the really bad ones as we catch up with them. It's a percentage game - same as life in general. If we don't try to eliminate the really bad ones, the percentages get out of line - like they are now.

Alan, you had a bad review by an appraiser that needs a big slap. I would consider calling the review appraiser and talking with him/her about it. If he/she is considerate and willing to talk and work it out, great! If he/she gets nasty, I would consider a letter to the lender you did the report for stating the facts - with a copy to your state board. I can take a lot of flaming but, irrationally slamming my work to a client - I will defend myself!

Our system is so far from perfect. :cry:
 
Pam,

Gottat take issue with your contention that lenders do not turn in appraisers. They do. We have done and still do. Get some info from some state boards and they will tell you they get complaints from lenders.

All the time on every "bad" appraisal? of course not. Maybe Frank Gregoire can give you some stats for your state. Some states have divulged where the complaints come from.

As to Fannie, just where in the guidelines does it say that appraisers are to turn in other appraisers? I've never seen it. Only an announcement that Fannie would do so.

Brad Ellis, IFA, RAA
 
Brad,

Yes, some lenders do file complaints. Just not very many but I think I heard somewhere that more were coming in from lenders.

Stats as to where the complaints come from - don't know. Florida has had complaints from all over. I did hear about some appraiser(s) that were filing against each other just for spite. I know it happens.

"All the time on every "bad" appraisal? of course not." I agree.

"As to Fannie, just where in the guidelines does it say that appraisers are to turn in other appraisers? I've never seen it. Only an announcement that Fannie would do so." You're right, Fannie doesn't say that. I did say that Fannie says lenders should. I will look it up to see where I got that idea. There is nothing that I know of that states that appraisers are to turn in other appraisers; although, Florida did have a 'snitch' law that is no more.

Then there is the USPAP statement that is up for interpretation:

"An appraiser must not communicate assignment results in a misleading or fraudulent manner. An appraiser must not use or communicate a misleading or fraudulent report or knowingly permit an employee or other person to communicate a misleading or fraudulent report."
 
We just had the people from the Appraisal Board for the State of Colorado speak to our local appraisers group (now 190 strong). Present was the investigator of for the state, education program administrator, and an appraiser member of the board.

All said the same thing....if you review an appraisal where there are obivious violations of USPAP, violations of license law, and the possibility of fraud then the review MUST report same to the state or run the risk of being held liable for the same level of violation.

Our state statutes say......if you know someone is producing misleading or fraudulant reports you <span style='font-size:30pt;line-height:100%'>MUST [/SIZE]report them. Do all reviewers do this? Most likely not. Should all reviewers do this....most likely YES!

Until we assume the responsibility for policing our own, we cannot sit about and cry when misleading and/or fraudulant reports are ending up in the hands of the users of appraisal services. If you feel this isn't your job ...stop doing reviews! No one is saying turn someone in for minor errors or a disagreement over a value conclusion; however, if you see what appears to be obivious attempts to MISLEAD the reader of the report or out and out <span style='font-size:30pt;line-height:100%'>FRAUD</span>, do your job. See that those appraisers are informed of their wrong doings, get some additional training, and AS A LAST RESPORT get them out of the business.

Thus sayth the old guy!</span><span style='font-size:25pt;line-height:100%'></span>
 
OK Mike I will putt that on my fee schedule.

Investigation for fraudlent appraisals.... $1000.
+ expenses

Should we trust the govenment or charge COD? :roll:
 
You don't need to do "an investigation". The state boards are responsible for the investigation and any resulting charges. In addition, you will not determine, guilt or punishment. No differnet from filing a complaint on a car thief, vandal, armed robber or child molester.

All we need to do as appraisers, is REPORT what we see. If we see misleading or fraudulent work...we need to report it to our state boards and then let THEM do the investigation and determine if action needs to be taken.

Nope, we don't get paid for this but buts the COSTS are HUGE when we don't:
Lack of faith and trust in appraisers by the general public and lenders, innacurate home values (high or low), MORE REGULATION due to the outlaws, more foreclosures and bankruptcies due to inflated appraisals....the list goes on.

It seems many appraisers STILL THINK that filing a valid complaint is an evil thing to do. The problem continues to grow and will as long as dishonest and fraudulent appraisers have no fear of the consequences.
 
OK Mike I will putt that on my fee schedule.

Investigation for fraudlent appraisals.... $1000.
+ expenses

Should we trust the govenment or charge COD? :roll:

Dale, I must have caused some confusion. I did a Standard 3 review because my client - the unlucky homeowner about to go bankrupt - needed someone to put it in language that would be understood by others involved and to be involved because he could not. I will complete Stardard 3 reviews on the others sitting here waiting for me because I want to save the time and efforts of our state investigators. I could just sent in the complaint with no real explanation other than "Somebody should look at this" and it would still be investigated.

Filing a complaint regarding a bad appraisal in Florida does not mean that you need to do a Standard 3 review and sign it - YOU are not the investigator. I am not the investigator when I do send in a Std. 3 review either. An anonymous complaint or a fully completed and signed review is just the beginning of the investigation by someone designated by the state to do so. I'm quite sure the review I sent in will be heavily scrutinized by the state investigator along with the report that was reviewed. That's the way it should be.
 
I'm sure the number of appraisals turned in by lenders to state appraisal boards has been so few that it can be considered of no significance.

dcj
 
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