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What now for CA appraisers?

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Terrel L. Shields said:
zero complaints since 1990, but one of my subs got a complaint from a MB - same issue - "too low"...but he had to go to a hearing and pay a lawyer to attend with him at the state capitol - Jefferson MO. $1k. Another appraiser I knew fought off a complaint and paid her attorney $600. An instructor I knew (RIP) was reimburse all but $500 over a complaint. One of my mentors was drug before the board by the same CG complainant who worked ROW appraisals. After that trip when that complaint confused the book and page numbers with the MLS numbers (same format - YY-NNNNN) making wild claims about those numbers being wrong, the board warned the complainant that he'd before the board with another pointless complaint. Another long time appraiser, who had a rival on the board, lost his license and ended up in court. He won and the judge said the state didn't prove their case. He got his license back only to get a "bill" for $1k from the state. His lawyer told him it was not right but it would cost more than it was worth to fight it. He did it, finished his license term then retired early.

I have been sued. I was sued under RICO statutes. I was sued under Packer & Livestock Act. I was accused of being party to a conspiracy to defraud someone who bought the property from their own cousin...who was not sued. The Federal court rejected it once, then twice, and finally dismissed it. Since only a state issue was actionable, it should have been in state court but since it was filed in Federal court, it remained in Federal court. They appealed to St. Louis - 300 miles away. Trust me, E & O rarely pays for everything. In the end, and using my own lawyer, it cost me $6500, mostly for the trip to St. Louis where my lawyer got all of 7½ minutes to make the case (the other time allotted to the bank and chicken company also sued. And that was over a six year old appraisal that was actually done 4 days after the property transferred from the seller to the buyer/complainant. And their argument, of course, was that the value was 'too high' and I appraised it for the amount of the mortgage....(something I wasn't even aware of, the bank had lent 100% because they were carrying the note from the seller who was behind and the amount of money owed was the sale price.) The outcome was the same, six years later the buyers were under water and so they sued. This was a cloud that hung over me for 2 years...and that case is now used by LIA and other E & O carriers to support claims that exceed the statutes of limitations.

Complaints are a "big deal" and escaping 7 times without cost? You are lucky lucky lucky. I doubt the average appraiser will be than lucky. I know 2 appraisers that were forumites here from Arkansas. We got a new investigator an MAI. Hard boiled SOB. I actually worked with one of the forumites when doing an estate that had 2 rentals in Little Rock, and he was a LR native. His work was good, I saw nothing wrong with it. But he had faced a complaint from a broker in his area and the prior investigator (and our first one- and a very thorough one) found no fault. He got another complaint from the same broker and the new guy pillared him...so he got up and that night resigned his license and went to work for HP as a computer tech. The other case was a law student who was working with his brother. Same hard complaint ripping into the report. He stood up, pulled out his license and handed it to the investigator... walked out finished his degree and is now working as an attorney in Little Rock - in fact, worked as an intern at a firm I did business with in the oil boom. Sorry to say, but luckily the hotshot got seriously ill - lasted about 1 year and the board was getting complaints from appraisers about him already. We don't miss that kind of investigator.
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Exactly, why play Russian roulete with the new law in effect. It's very toxic to your mental health , constantly be in a state of anxiety. As a CA appraiser you have to know when its a wrap. Form some appraiser coalition there & schedule meetimg with your state Senator. Explain to them the issue. If that is not an option, then best to quit doing any lender work, look for new career.
 
Civic said:
It's very toxic to your mental health
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Unless you have been sued and it drag on for two or more years (and yes, I was served in June and it was dismissed by the courts in June) you don't notice the pressure perhaps as much that overwhelming sense of relief when you get the word. During those two years, I went from taking a single blood pressure pill to taking 4 pills. I was diagnosed with diabetes and I probably gained 20 pounds. It took years to get rid of that 20 plus 40 more and I am far from light yet. It takes a toll on you mind and your body both.

www.govinfo.gov

GovInfo

Official Publications from the U.S. Government Publishing Office.
www.govinfo.gov www.govinfo.gov
 
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After this new so-called law passed and the incoming ANSI disaster, I would not appraiser a doghouse in California for less than $2,000.00.
 
Mejappz said:
After this new so-called law passed and the incoming ANSI disaster, I would not appraiser a doghouse in California for less than $2,000.00.
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After this law, i changed my mind getting a reciprocity lic there, in fact , 1 well known AMC was courting me by saying one of their clients pays $950 for 1004s in Bay area. I will not take any lender work there, no matter how high fee is. I have experienced 1st hand how devastating it is being reported to state, but this new law will take it to a whole new level.
 
Civic said:
After this law, i changed my mind getting a reciprocity lic there, in fact , 1 well known AMC was courting me by saying one of their clients pays $950 for 1004s in Bay area. I will not take any lender work there, no matter how high fee is. I have experienced 1st hand how devastating it is being reported to state, but this new law will take it to a whole new level.
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NC has always allowed complaints from anyone. It has not caused any mass exodus of appraisers. Either you are guilty of their charges or not. I would venture to guess 75% of all complaints are dismissed or result in very minimal punishment. Thank God our board does not have authority to issue fines.
 
Civic said:
After this law, i changed my mind getting a reciprocity lic there, in fact , 1 well known AMC was courting me by saying one of their clients pays $950 for 1004s in Bay area. I will not take any lender work there, no matter how high fee is. I have experienced 1st hand how devastating it is being reported to state, but this new law will take it to a whole new level.
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It's one of the reasons I have advocated abolishing these Kangaroo courts.
 
Mejappz said:
It's one of the reasons I have advocated abolishing these Kangaroo courts.
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In NY i don't know anyone who came out clean after being reported to state. I personaly know over 6 appraisers who also ended up paying fine & taking cont ed, that is best case scenereo. At worst case, they will take your lic, make you pay court fees if you lose, and thus, no one here in NY is brave to go to hearing. I understand why. But imagine now, with whole Cancel Culture. It is over, once you get reported for any reason.
 
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