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What to do with non-registered AMC's

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Brian Weaver

Senior Member
Joined
Apr 16, 2005
Professional Status
Gvmt Agency, FNMA, HUD, VA etc.
State
Illinois
The way in which out-of-state entities are regulated within a specific state is through a Uniform Consent to Service. This means that an out-of-state entity agrees to behave as if they WERE in the state issuing a credential. This is standard throughout the country and no different than what an appraiser agrees to who is licensed in multiple jurisdictions. That's the basis behind Temporary Practice Permits. I can't imagine that NM didn't include that language in their AMC bill or rules.
 

Riick

Elite Member
Joined
Aug 14, 2007
Professional Status
Certified Residential Appraiser
State
Delaware
The way in which out-of-state entities are regulated within a specific state is through a Uniform Consent to Service. This means that an out-of-state entity agrees to behave as if they WERE in the state issuing a credential. This is standard throughout the country and no different than what an appraiser agrees to who is licensed in multiple jurisdictions. That's the basis behind Temporary Practice Permits. I can't imagine that NM didn't include that language in their AMC bill or rules.
And if they never register, which is what the OP is seeing..... of what use is the Uniform Consent to Service?
What are the penalties if they don't register?, and if there are penalties, how can they be applied to an out-of-state entity?
Oh.. I forgot, the Feds, who regulate inter-state comerce will deal with it, I'm sure.
[/sarcasm OFF]
 

Scott R Marshall

Senior Member
Joined
Dec 14, 2006
Professional Status
Certified Residential Appraiser
State
New Mexico
Well, I'm planning on taking the state required class that supposedly addresses all the AMC state law requirements. At that meeting, I will specifically ask what is the appraiser to do that comes across an non-registered AMC. Should they call someone, file a written complaint, provide the order, etc.

I think Lobo has got it right and that the results of making whatever complaint will be nothing. Currently the law only says for the appraiser not to accept the work, nothing else. The state just changed their site so I'm having a hard time finding the wording of the law as it applies to AMC's and I know there are "penalties" for not adhering to the law but again, if there's no enforcement, what good is the law? All it does is penalize the good guys and fiscally reward the bad guys (AMC's pay no fees to the state and the appraiser has the potential to get more work). And in my book, any law that only benefits the bad guy, whether it be through lack of enforcement for whatever reason or because the law itself is unjust, should not be a law at all.

And USPAP, I agree that ultimately it is not the states problem, it is the responsibility of the board. Unfortunately, at least in my state and perhaps many others, the board is grossly under-staffed, grossly under-funded and in many instances seems grossly ineffectual in dealing with the issues facing appraisers in the state. The years of not having the ability or the wherewithal to go after local bad appraisers is only going to be magnified now that they also have the responsibility of going after out of state bad AMC's.
 

USPAP Compliant

Elite Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
North Carolina
Well, I'm planning on taking the state required class that supposedly addresses all the AMC state law requirements. At that meeting, I will specifically ask what is the appraiser to do that comes across an non-registered AMC. Should they call someone, file a written complaint, provide the order, etc.

I think Lobo has got it right and that the results of making whatever complaint will be nothing. Currently the law only says for the appraiser not to accept the work, nothing else. The state just changed their site so I'm having a hard time finding the wording of the law as it applies to AMC's and I know there are "penalties" for not adhering to the law but again, if there's no enforcement, what good is the law? All it does is penalize the good guys and fiscally reward the bad guys (AMC's pay no fees to the state and the appraiser has the potential to get more work). And in my book, any law that only benefits the bad guy, whether it be through lack of enforcement for whatever reason or because the law itself is unjust, should not be a law at all.

And USPAP, I agree that ultimately it is not the states problem, it is the responsibility of the board. Unfortunately, at least in my state and perhaps many others, the board is grossly under-staffed, grossly under-funded and in many instances seems grossly ineffectual in dealing with the issues facing appraisers in the state. The years of not having the ability or the wherewithal to go after local bad appraisers is only going to be magnified now that they also have the responsibility of going after out of state bad AMC's.


Just for fun why don't you get the answers to these questions which very, very few appraisers can answer.

1) How much is the budget for your board?

2) How many employees?

3) How many meetings per years?

4) How many appraisers regulated by the board?

5) Get a copy of the budget that shows where te money goes.



States have known since 1989 they they had to set up and fund boards. Some states figured out how to do it in aboyt 20 minutes and other still have not figgure it out after 22 years.


After you have all that you might be better prepared to form an opinion on your states record of regulation and enforcement.


If more money is needed....then states need to raise the fees.....just get the job done.
 

Scott R Marshall

Senior Member
Joined
Dec 14, 2006
Professional Status
Certified Residential Appraiser
State
New Mexico
USPAP,


I can't answer all the questions now but my understanding is raising fees is not the answer. All fees collected as part of licensing do not go directly to the state appraisers board but to the states coffers, where they are later distributed by the state to the various boards, agencies, etc throughout the state.
 

USPAP Compliant

Elite Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
North Carolina
USPAP,


I can't answer all the questions now but my understanding is raising fees is not the answer. All fees collected as part of licensing do not go directly to the state appraisers board but to the states coffers, where they are later distributed by the state to the various boards, agencies, etc throughout the state.



There you go. That IS a big part of the problem. In NC...100% of all license fees go to the appraisal board.....to run the board......it does not go to the general fund pool. The budget is over $1,000,000.00 per year.


To say a board is underfunded......should be clarified to means underfunded by the CHOICE of the state legislature.



If you don't know how much your board budgetemployeesmany employess etc. then how can you underfunded underfundeded? Urban legend or a credible opinion.


If boards are in fact underfunded.....then why is that not easily changed to self-funding either alone or by teaming up with other license boards in the state to share some facilities and resources.
 

Scott R Marshall

Senior Member
Joined
Dec 14, 2006
Professional Status
Certified Residential Appraiser
State
New Mexico
Okay, you've got me doing the research now. The board meets quarterly although in 2011 it appears they met 6 times, at least per the minutes posted online. The 2012 budget is not finalized yet. The budget for the real estate appraisers board for 2011 was $176,800 broken down as follows:

Personal services and employee benefits: $113,800
Contractual Services: $11,500
Other: $23,500
Other financing uses: $28,000

The number of board member is currently 7 although there is a proposal I believe to increase this number to 9. Currently per the ASC site there are 678 licensed appraisers within the state, which does not count those who are registered only. Attempting to navigate the state site to count the actual number would take awhile.
 
Last edited:

Riick

Elite Member
Joined
Aug 14, 2007
Professional Status
Certified Residential Appraiser
State
Delaware
And USPAP, I agree that ultimately it is not the states problem, it is the responsibility of the board. Unfortunately, at least in my state and perhaps many others, the board is grossly under-staffed, grossly under-funded and in many instances seems grossly ineffectual in dealing with the issues facing appraisers in the state. The years of not having the ability or the wherewithal to go after local bad appraisers is only going to be magnified now that they also have the responsibility of going after out of state bad AMC's.
You can say the last of that in spades.
As to whether boards are ineffectual and underfunded, I remember when Pennsylvania, which had SPECIFIC language in State Law
saying only certified/general appraisers were to do appriasals in the State
tried to go against one of the AMCs which was ordering "BPOs" from Salespeople
[Back then, Brokers (not salespoeple) were automatically appraisers if they applied]
--- Board lost that case, and I don't doubt it was partially because they had few funds & s&&&&y attorney ---
End of story for what might have been one of the few activist boards in the USA.
Since then it's been ... We can do nothing unless someone registers a complaint, and no one does.

/.
 

USPAP Compliant

Elite Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
North Carolina
Good for you! You know now more about your state board than 90% of your fellow appraisers.


How many STAFF positions?

A budget of $176,000 would get how much investigation and enforcement done?

Most states pay board members only a per-diem and travel expense. Increasing the board members was also done in NC. All that does is suck out more money and create longer board meetings.

If your budget is only is only $176,000......then the board is underfunded and NM has simply ignored the responsibility of FIRREA.

Again, knowing how many staff positions and what they do is important information.

NC has 10 people on staff and 9 board members.

No joke.....congratulations to you for taking a very few minutes to learn about your board!
 

USPAP Compliant

Elite Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
North Carolina
It appears the New Mexico appraisal board died and nobody has discovered it yet.


This is the disciplinary action history for the entire existence of your board.
New Mexico must have the most honest appraisers in the USA.

By the way.....it appears to me they are OVER funded based on what they are doing.



1 CARR, O NM 118-R ALBUQUERQUE,NM Inactive Yes Revocation 7/18/2008 -
2 FOUST, JAMES NM 01794-R ALBUQUERQUE,NM Inactive Yes Revocation 10/15/2010 -
3 Garcia, Rebecca NM 02628-R Albuquerque,NM Inactive Yes Revocation 6/17/2011 -
4 HAMILL, JENNIFER NM 001427-L HAGERMAN,NM Inactive Yes Voluntary Surrender 6/17/2011 -
5 MONTOYA, JOE NM 465-L ALBUQUERQUE,NM Inactive Yes Revocation 8/12/2011 -
6 MURRAY, CHAD NM 01667-G LAS CRUCES, Inactive Yes Revocation 4/30/2004 -
7 QUINTANA, LORETTA NM 177-R TIJERAS,NM Inactive Yes Revocation 12/6/2010 12/6/2012
8 REES, DONALD NM 18 LOS LUNAS,NM Inactive Yes Revocation 2/13/2002 -
9 SWANN, SANDRA NM 01748-L Santa Fe,NM Inactive Yes Voluntary Surrender 9/21/2009 -
10 VAN AMBURG, ALFRED NM 783-R BELEN,NM Inactive Yes Revocation 7/1/2010 6/30/2020




https://www.ASC.gov/Pages/SearchResults.aspx?Standard=1
 
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