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January 31, 2010

Most Fraud Charges Not Investigated

Most Fraud Charges Not Investigated
by Lew Sichelman

A lack of enforcement at the state level is a major reason appraisals remain at the root of mortgage fraud, said panelists at a symposium sponsored by the Appraisal Foundation earlier this month.

A third of the states "are doing a great job" at responding to cases alleging fake, false or erroneous appraisals, Mark Simpson of Fannie Mae told the conference. And another third are "so slow that we don't know what to think. They sit on referrals for three years."

But the other third don't even do anything, Mr. Simpson testified. "They take no action whatsoever," he said. "One state was sent 60 cases in a single week, but has yet to take action. We were told to make a formal complaint and hire an appraiser to testify."

During an 18-month period between 2001 and 2002, Fannie Mae's director of property standards also reported, his company referred 860 cases to state regulators. Of those, some action was taken in 391 -- 118 appraisers lost their licenses and 273 were sanctioned in one way or another.

But as of this month, nothing has been done regarding the remaining 469 cases.

Fannie Mae still refers complaints to state agencies "because we think it's the right thing to do," Mr. Simpson said. But the lack of consistent and effective enforcement "is frustrating."

The Fannie Mae official stopped short of calling for the creating one regulatory agency at the highest level of government to police the appraisal business. But Douglas Vincent, executive vice president and chief collateral officer at Countrywide Bank, did not.

"It all comes down to accountability," he said. "The mortgage industry needs a single federal agency" to enforce the rules.

Mr. Vincent said most instances of appraisal fraud go unreported because there is no central agency to which complaints can be transmitted. And even when suspicions are reported, state regulators as well as the federal appraisal subcommittee "lack the funds and staff" to investigate most of what they are told.

Appraisers who commit fraud need more than just slaps on the wrist, they "need to be punished" by having all their assignments taken away, the industry spokesman said.

Valuations may be subjective, he explained, but fraud is not. "Fraud is an intentional and material misrepresentation. A faulty or even fake appraisal is at the basis of most fraudulent mortgage transactions."

Richard Powers, president of the Appraisal Institute, agreed that state regulators lack the money and the manpower to effectively oversee the business. In some states, he noted, a single agency polices "each and every license" granted within their borders, from hair dressers to contractors.

They have so much responsibility, he added, that they can't possibly be effective.

Mr. Powers said that his group opens its own investigation of an appraiser every time a case of suspicious activity is reported to a state. But even though the penalties are severe if someone is found guilty -- membership in AI can be suspended or revoked, and names can be published on a do-not-use list -- even that falls short because most appraisers are not members.

Of the country's 90,000 licensed and certified appraisers, only a third participate in a professional organization. The rest are unaffiliated, Mr. Powers said.

At the federal level, The Appraisal Institute is backing legislation -- H.R. 1295, the Responsible Lending Act -- that would prohibit coercion and give regulators more enforcement power to issue fines and levy penalties against anyone who pressures appraisers to produce fraudulent valuations.

The trade group also wants the Treasury Department to develop suspicious activity reports for non-lenders, and give appraisers clear points of contact so they can turn in their colleagues who fail to follow the rules.

At the state level, AI is calling on local lawmakers to enact appraiser independence statues that provide for reporting and investigating allegations of fraud and for strict penalties for those who are found guilty. It also wants mandatory licensing of appraisers.

So far, Mr. Power said, only four states -- Utah, Michigan, North Carolina and Arkansas -- have made it illegal to coerce appraisers into making false valuations. And while 33 states require licensing, there are "a lot of holes" in many of the regulations.

A recent AI study found that more than half its members felt pressured to overstate their valuations. And the over-riding reason they go along, said Santa Rosa, Calif., attorney Rachel Dollar, an expert in the lending business in general and mortgage fraud in particular, is to keep from being blackballed by brokers, lenders and realty agents.

Indeed, she reported, they do it largely to remain in business, not to become rich.

"The majority of appraisers convicted of or disciplined for mortgage fraud related offenses did not receive any of the 'proceeds' beyond their customary fees," she told the conference. "Typically, that's between $350 and $450."

But pressure is neither an excuse nor a defense, Ms. Dollar also said, adding that the solution for appraisers is to "just say 'No.'"

"The buck must stop here," the California attorney said. "Appraisers must refuse to accept assignments that require values to be pushed. The profession won't stop committing fraud for $400 until the professionals stop committing fraud for $400."

Speaking for Uncle Sam, John Arterberry, executive deputy chief of the fraud section in the Treasury Department's criminal division, said that while mortgage fraud is a national priority, the Feds can't stop it by themselves.

"We're doing what we can to fight a problem that has gone from bad to worse. But when we arrive on the scene, everything is broken and nothing else is working," he said.

"There is always going to be times when there is a failure in the system; that's when law enforcement shows up. But prevention and other measures make a lot more sense. Professional organizations need to adopt standards and find ways to strengthen their memberships."

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January 30, 2010

Fallacy: Misleading Vividness

  Fallacy: Misleading Vividness

Description of Misleading Vividness

Misleading Vividness is a fallacy in which a very small number of particularly dramatic events are taken to outweigh a significant amount of statistical evidence. This sort of "reasoning" has the following form:

    Dramatic or vivid event X occurs (and is not in accord with the majority of the statistical evidence) .

  1. Therefore events of type X are likely to occur.

This sort of "reasoning" is fallacious because the mere fact that an event is particularly vivid or dramatic does not make the event more likely to occur, especially in the face of significant statistical evidence.

People often accept this sort of "reasoning" because particularly vivid or dramatic cases tend to make a very strong impression on the human mind. For example, if a person survives a particularly awful plane crash, he might be inclined to believe that air travel is more dangerous than other forms of travel. After all, explosions and people dying around him will have a more significant impact on his mind than will the rather dull statistics that a person is more likely to be struck by lightning than killed in a plane crash.

It should be kept in mind that taking into account the possibility of something dramatic or vivid occuring is not always fallacious. For example, a person might decide to never go sky diving because the effects of an accident can be very, very dramatic. If he knows that, statistically, the chances of the accident are happening are very low but he considers even a small risk to be unnaceptable, then he would not be making an error in reasoning.

Examples of Misleading Vividness

    Bill and Jane are talking about buying a computer.

  1. Jane: "I've been thinking about getting a computer. I'm really tired of having to wait in the library to write my papers."
    Bill: "What sort of computer do you want to get?"
    Jane: "Well, it has to be easy to use, have a low price and have decent processing power. I've been thinking about getting a Kiwi Fruit 2200. I read in that consumer magazine that they have been found to be very reliable in six independent industry studies."
    Bill: "I wouldn't get the Kiwi Fruit. A friend of mine bought one a month ago to finish his master's thesis. He was halfway through it when smoke started pouring out of the CPU. He didn't get his thesis done on time and he lost his financial aid. Now he's working over at the Gut Boy Burger Warehouse."
    Jane: "I guess I won't go with the Kiwi!"

    Joe and Drew are talking about flying.

  2. Joe: "When I was flying back to school, the pilot came on the intercom and told us that the plane was having engine trouble. I looked out the window and I saw smoke billowing out of the engine nearest me. We had to make an emergency landing and there were fire trucks everywhere. I had to spend the next six hours sitting in the airport waiting for a flight. I was lucky I didn't die! I'm never flying again."
    Drew: "So how are you going to get home over Christmas break?"
    Joe: "I'm going to drive. That will be a lot safer than flying."
    Drew: "I don't think so. You are much more likely to get injured or killed driving than flying."
    Joe: "I don't buy that! You should have seen the smoke pouring out of that engine! I'm never getting on one of those death traps again!"

     

  3. Jane and Sarah are talking about running in a nearby park.

    Jane: "Did you hear about that woman who was attacked in Tuttle Park?"
    Sarah: "Yes. It was terrible."
    Jane: "Don't you run there everyday?"
    Sarah: "Yes."
    Jane: "How can you do that? I'd never be able to run there!"
    Sarah: "Well, as callous as this might sound, that attack was out of the ordinary. I've been running there for three years and this has been the only attack. Sure, I worry about being attacked, but I'm not going give up my running just because there is some slight chance I'll be attacked."
    Jane: "That is stupid! I'd stay away from that park if I was you! That woman was really beat up badly so you know it is going to happen again. If you don't stay out of that park, it will probably happen to you!"

LET'S GET A STATISTIC ON THIS: JUXTIPOSED, THE AIRPLANE DEATH THING. TO mEN OR WOMEN STANING ON A GOLF COURCE WITH A NINE IRON RAISED TO THE HEVENS, DURING A LIGHTINING STORM!  WHAT NOW IS MORE DEADLY FLIGHT OR PLAYING GOLF?

 

Fallacy: Post Hoc

 


Also Known as: Post Hoc Ergo Propter Hoc, False Cause, Questionable Cause, Confusing Coincidental Relationships With Causes

Description of Post Hoc

A Post Hoc is a fallacy with the following form:

     

  1. A occurs before B.
  2. Therefore A is the cause of B.

The Post Hoc fallacy derives its name from the Latin phrase "Post hoc, ergo propter hoc." This has been traditionally interpreted as "After this, therefore because of this." This fallacy is committed when it is concluded that one event causes another simply because the proposed cause occurred before the proposed effect. More formally, the fallacy involves concluding that A causes or caused B because A occurs before B and there is not sufficient evidence to actually warrant such a claim.

It is evident in many cases that the mere fact that A occurs before B in no way indicates a causal relationship. For example, suppose Jill, who is in London, sneezed at the exact same time an earthquake started in California. It would clearly be irrational to arrest Jill for starting a natural disaster, since there is no reason to suspect any causal connection between the two events. While such cases are quite obvious, the Post Hoc fallacy is fairly common because there are cases in which there might be some connection between the events. For example, a person who has her computer crash after she installs a new piece of software would probably suspect that the software was to blame. If she simply concluded that the software caused the crash because it was installed before the crash she would be committing the Post Hoc fallacy. In such cases the fallacy would be committed because the evidence provided fails to justify acceptance of the causal claim. It is even theoretically possible for the fallacy to be committed when A really does cause B, provided that the "evidence" given consists only of the claim that A occured before B. The key to the Post Hoc fallacy is not that there is no causal connection between A and B. It is that adequate evidence has not been provided for a claim that A causes B. Thus, Post Hoc resembles a Hasty Generalization in that it involves making a leap to an unwarranted conclusion. In the case of the Post Hoc fallacy, that leap is to a causal claim instead of a general proposition.

Not surprisingly, many superstitions are probably based on Post Hoc reasoning. For example, suppose a person buys a good luck charm, does well on his exam, and then concludes that the good luck charm caused him to do well. This person would have fallen victim to the Post Hoc fallacy. This is not to say that all "superstitions" have no basis at all. For example, some "folk cures" have actually been found to work.

Post Hoc fallacies are typically committed because people are simply not careful enough when they reason. Leaping to a causal conclusion is always easier and faster than actually investigating the phenomenon. However, such leaps tend to land far from the truth of the matter. Because Post Hoc fallacies are committed by drawing an unjustified causal conclusion, the key to avoiding them is careful investigation. While it is true that causes precede effects (outside of Star Trek, anyways), it is not true that precedence makes something a cause of something else. Because of this, a causal investigation should begin with finding what occurs before the effect in question, but it should not end there.

Examples of Post Hoc

     

  1. I had been doing pretty poorly this season. Then my girlfriend gave me this neon laces for my spikes and I won my next three races. Those laces must be good luck...if I keep on wearing them I can't help but win!

     

  2. Bill purchases a new PowerMac and it works fine for months. He then buys and installs a new piece of software. The next time he starts up his Mac, it freezes. Bill concludes that the software must be the cause of the freeze.

     

  3. Joan is scratched by a cat while visiting her friend. Two days later she comes down with a fever. Joan concludes that the cat's scratch must be the cause of her illness.

     

  4. The Republicans pass a new tax reform law that benefits wealthly Americans. Shortly thereafter the economy takes a nose dive. The Democrats claim that the the tax reform caused the economic woes and they push to get rid of it.

     

  5. The picture on Jim's old TV set goes out of focus. Jim goes over and strikes the TV soundly on the side and the picture goes back into focus. Jim tells his friend that hitting the TV fixed it.

     

  6. Jane gets a rather large wart on her finger. Based on a story her father told her, she cuts a potato in half, rubs it on the wart and then buries it under the light of a full moon. Over the next month her wart shrinks and eventually vanishes. Jane writes her father to tell him how right he was about the cure.
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NEW "COMMERCIAL APPRAISER GROUP" Member

http://www.sgdecastro.com/

S.G. De Castro Appraisal & Consulting, Inc.
Commercial & Residential Real Estate Appraisers and Consultants

 

Main Office:   858 Plain St. Suite 10,  Marshfield, MA 02050
 

Boston: Office

 234 Lewis Wharf, Boston, MA 02110
 

Tel (781) 834-9600  

 

Fax (781) 834-0076

The Firm

S.G. De Castro Appraisal & Consulting, Inc. provides comprehensive valuation services, consulting and real estate advisory services to financial institutions, public agencies, municipalities, lawyers, courts, corporations, investors, land owners, conservation groups, nonprofits, financial institution regulatory agencies and developers throughout Massachusetts.
The firm carries on a 60-year family tradition of real estate advisory services to its clients. 

An extensive client base and diversity of projects experience enables S.G. De Castro to provide sound advice in a wide range of real estate situations. The firm has undertaken complex real estate valuation and consulting assignments throughout Massachusetts.

Our approach is to combine sophisticated analytical technique, with practical real estate experience drawing upon our diverse client base. Thus, we are able to provide our clients with a unique perspective in key service areas: appraisal and valuation advisory services; feasibility consulting; acquisition and disposition consulting; impact analyses; expert witness testimony; and related assignments. Our appraisals are used for mortgage underwriting, portfolio management, internal buy/sell/hold decisions, litigation support, potential sale pricing, estate settlement, charitable donation and eminent domain.


We are experienced in the appraisal of existing and proposed office, retail, multi-family residential (rental and condominium), industrial, hotel, subdivision and vacant land. Special purpose properties appraise include cranberry bogs, farms, cemeteries, marinas, commercial wharves, airport facilities, petroleum storage and distribution facilities and many other property types.


The firm also has extensive experience in appraising partial interests including leased fee, leasehold, easements, rights of way, life estates, minority interests and development rights. Today, financial institutions, real estate owners, developers and public agencies continue to face major challenges. We welcome the unique and challenging assignment.

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January 29, 2010

Crisp and Cole appraiser faces licensing hearing

Crisp and Cole appraiser faces licensing hearing

January 25th, 2010 at 8:44pm

Appraiser Kirksey J. “Mark” Newton Jr. recently faced and administrative law judge who could decide whether Newton gets to keep his appraiser’s license.

Newton, who performed appraisals regularly for defunct Crisp and Cole in Bakersfield, was accused by California Deputy Attorney General Gillian E. Friedman of being “an integral part of a real estate fraud that continued from 2005 to 2007″. Newton’s defense attorney in turn accused fellow appraisers Gary Crabtree and his son-in-law James Henderson of turning his client in to the FBI in order to remove him as a competitor.

The Office of Real Estate Appraisers (OREA), the licensing agency for appraisers in Californa, is conducting itw own investigation of Newton and his company, San Joaquin Appraisals.

Read the Full Article in the Bakersfield Californian.

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January 28, 2010

Sue the Appraisal Institute, MAI, SRA, SRPA

Sue the Appraisal Institute, MAI, SRA, SRPA, They make the following claims and typically produce a shody product, see: http://www.hwforums.com/2191/  They claim to have "the knowledge and experience to make sound 'real estate decisions.'"  Hell! they cannot even get the value right now they want you to think that they are qualified real estate consultants. Appraisers usually carry E&O insurance of up to Two Million Dollars, this may not seem like much but the Appraisal Institute has Deep Pockets, but you had better file early.  I feel the best way to get rid of these frauds is to sue them out of existence.  Please contact us for a free MAI, SRPA, SRA, appraiser review.

"Choose an Appraiser with the MAI, SRA or SRPA Designation

In today’s turbulent real estate market, you want a professional with the knowledge and experience to make sound real estate decisions. When you see the MAI, SRA or SRPA designation, you can rest assured you are making the right choice.

All Appraisal Institute members holding the MAI, SRA or SRPA designation are required to:

  • Complete rigorous education requirements, submit extensive specialized appraisal experience, demonstrate appraisal report writing abilities and potentially pass a comprehensive examination. All requirements to obtain the MAI, SRA or SRPA designations are significantly above the state and federal requirements.

  • Conduct his or her professional activities in accordance with the Appraisal Institute’s Code of Professional Ethics and are subject to a peer review process, which enforces the Code of Professional Ethics.

  • Adhere to strict continuing education requirements to ensure they are up-to-date with the evolving real estate field.

  • In addition, the Appraisal Institute’s MAI, SRA and SRPA designations have long been recognized by courts of law, government agencies, financial institutions and investors as marks of excellence in the field of real estate valuation and analysis. "
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NEW FANNIE MAE FORM REQUIREMENTS

NEW FANNIE MAE FORM REQUIREMENTS

To help appraisers find information regarding Fannie Mae development and reporting requirements, two links are provided.  The first is the homepage for appraisers at www.efanniemae.com.  Appraisers will find specific directions from Fannie Mae regarding the development and reporting of assignments.  The second link is to a Fannie Mae page which provides specific direction in developing and reporting market analysis using the 1004MC.

https://www.effanniemae.com/is/appraisers/index.jsp?from=hp

https://www.efanniemae.com/sf/formsdocs/forms/1004mc.jsp

You are advised the links provided are not intended to be comprehensive and do not provide all the information you need to complete assignments for mortgage financing transactions.  As an appraiser, you are responsible to be aware of and correctly employ recognized methods and techniques.

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Abbott & Kindermann Land Use Law Blog

Abbott & Kindermann Land Use Law Blog  http://blog.aklandlaw.com/2010/01/articles/redevelopment-1/too-late-challenge-at-the-time-of-project-implementation-is-not-timely/print.html

Too Late! Challenge at the Time of Project Implementation is not Timely

By Katherine J. Hart

A state appellate court has upheld the adoption of design guidelines that are intended to implement a City of Los Angeles redevelopment plan.

PR/JSM Rivara LLC v. Community Redevelopment Agency of the City of Los Angeles involves adoption by the Community Redevelopment Agency of the City of Los Angeles, and the city (collectively, the “city”) of design guidelines for the North Hollywood redevelopment project area in September 2007. A developer in the project area, PR/JSM Rivara challenged the guidelines on the grounds the guidelines illegally reduced the maximum allowable densities in the commercial portion of the project area. In other words, the developers claimed their property was down zoned. The developers also argued the city improperly rezoned the properties without complying with the Planning and Zoning Law. Clearly, the developers’ interest in this case was preserving their right to build at densities contained in the city’s zoning ordinance.

The trial court denied the developers relief, finding that the densities within the project area were set years ago when the redevelopment plan was amended in 1997. Thus, the time to challenge those densities had long expired. The lower court also rejected the argument that the design guidelines acted as a de facto amendment to the zoning code.

The Second District Court of Appeal upheld the lower court’s ruling. In doing so, the Second District first gave an overview of redevelopment agency law. It then proceeded to explain why the adopted guidelines are not a zoning ordinance within the Planning and Zoning Law, and emphasized the difference between adopting a redevelopment plan (a legislative act) and implementing one (an administrative act). If the guidelines were found to be a zoning ordinance, then the Planning and Zoning Law requires public notice and a hearing prior to adoption. Redevelopment law also requires certain procedures when adopting or amending a redevelopment plan. The court found that there were no provisions in either the Planning and Zoning Law or the Redevelopment Law that required public notice and a hearing prior to the administrative act of implementing the redevelopment plan. Because the guidelines were merely implementing the plan, public notice and a hearing were not required prior to adoption. The court then determined the developers had not provided any evidence as to how the guidelines were inconsistent with the city’s general plan – despite the court’s admission that developer had demonstrated that provisions of the guidelines and general plan were different with respect to certain land uses.

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New Book: At the Cutting Edge 2009: Land Use Law from The Urban Lawyer

New Book: At the Cutting Edge 2009: Land Use Law from The Urban Lawyer

Posted: 27 Jan 2010 03:19 PM PST

Cutting_edge_2009 One of the benefits of doing your own blog is that every now and then you are allowed to engage in a little shameless self-promotion (what's this "every now and then?").

Well, here goes.

The ABA has announced the forthcoming publication of a new book by the State and Local Government Law Section: At the Cutting Edge 2009: Land Use Law from The Urban Lawyer, edited by my colleague Dwight H. Merriam, and which features "[a] compilation of the most recent Section of State and Local Government Law committee reports from The Urban Lawyer."

What this means is that it contains topical and timely articles about the hottest topics in land use law, including exactions and impact fees, green building laws, ethics in land use, regulatory takings, citizen participation in public hearings, and public use and pretext in eminent domain (the piece I authored).

Here's the Table of Contents for a complete list of what the book covers.

University of Hawaii lawprof David Callies authored the Introduction which reads, in part (and here's the shameless self-promotion):

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Dear FEWA Members, Potential Members and Interested Parties:

Dear FEWA Members, Potential Members and Interested Parties:

Please remember to register ASAP for the 2010 FEWA Annual Conference Feb. 25 – 27, 2010 at the Estancia La Jolla Hotel & Spa in La Jolla, CA.  Please note that all late registration fees have been waived so you can now attend at the “early-bird” rate AND the deadline to receive the FEWA discounted room rate of $199/night has been extended to ONLY THIS SUNDAY, Jan. 31, 2010 so please secure your room reservation at the hotel by then.  A terrific technical program has been established.

Please download brochure for more information and registration forms at

http://www.forensic.org/Public/FEWA_Feb2010conf_web.pdf

If you are interested in hosting a tabletop exhibit or being a general sponsor, please contact Don Gilbert, Executive Director, at dongilbertassoc@aol.com.  We look forward to seeing you at the Annual Conference.  The following is a press release we thought you would be interested in seeing.

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January 27, 2010

Highlights From This Week's Newsletter...

See something you like? Let us know what you think. Contact Thom Amdur at 202-939-1753 or tamdur@housingonline.com with questions, comments or suggestions.

 

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The Los Angeles Business Journal is pleased to announce the

 

2010 Commercial Real Estate Awards.

 

 

This 15th annual event will honor those companies in the commercial real estate community that have excelled in the Hospitality arena over the past year. You are invited to come and mingle with the industry leaders as we look forward to a successful 2010.  The winners chosen in these various categories are researched and selected by the Los Angeles Business Journal editorial department and will be featured in the following weeks Los Angeles Business Journal publication.

 

 

We invite you to participate by joining us for a private reception on February 9, 2010 at The Carlyle Residences in West Los Angeles.  Business attire is recommended and cocktails and hors d’oeuvres will be served.  Attached is the ticket purchase form should you wish to attend.

 

 

Event Info:

 

Date:                   February 9, 2010

 

Location:            The Carlyle Residences

 

10776 Wilshire Blvd.

 

                           Los Angeles, CA 90024

 

Time:                  6:00 P.M. – 8:00 P.M.

 

Tickets:              Individual- $50/ Pack of 10- $500

 

 

 

To purchase tickets, please visit our website at www.labusinessjournal.com/event.asp or contact Marissa De La Cruz, Event Coordinator, at 323-549-5225 x 213 or mdelacruz@labusinessjournal.com for more information.

 

 

Kind regards,

 

 

 

Marissa De La Cruz

 

Special Events/ Advertising Coordinator

 

Los Angeles Business Journal

 

5700 Wilshire Blvd., Suite 170

 

Los Angeles, CA 90036

 

323.549.5225 ext. 213

 

323.549.5255 Fax

 

mdelacruz@labusinessjournal.com

 

 

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January 23, 2010

Impacts of California Earthquakes on Buildings from Shaken Awake!

In this 1996 ABAG study, existing residential buildings buildings were broadly classified according to the three sets of categories described below: the material of the structure of the building, the height or number of stories of the building, and the age of the building. These three categories enable classification of the Bay Area’s housing stock into the following thirteen building types.

You can select one of these building types for data on habitability following past California earthquakes, or scroll down for more information on the classification system used.

http://www.abag.ca.gov/bayarea/eqmaps/shelpop/bldg.html

 

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From:
information@latestinglabs.com
Reply-To: info@emsl.com
To: cochise@justice.com
Received-On: 01/21/10 2:51 PM
Subject: Does you testing lab compete with you?
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January 22, 2010

How often do you have a chance to mix business and pleasure in Cannes, France?


NAR Commercial and NAR Global Alliance have joined forces to offer members a great deal on the annual MIPIM Conference - Marché International des Professionnels d’Immobilier.   This premiere commercial show is where the most knowledgeable practitioners worldwide meet, and transact business.  The NAR booth is #16.15 - Attendees are welcome to stop by for networking opportunities and a special giveaway item!

 

MIPIM offers you the opportunity to:


Gain insight on strategies and trends

Network with international industry leaders

Identify a wide range of business opportunities and create new partnerships

Get tips from experts to gain a competitive edge for your business


To register at the NAR member rate, you MUST use the registration form found at the link below.


The NAR member discount is 20% and each additional person from the same company gets a further discount.

Reduced subsidiary rate – 1,130.22 Euros (VAT included) for the first person from a company, 879.06 Euros for an additional person until March 10.

To learn more and to register, click here - www.realtor.org/commercial/MIPIM

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January 20, 2010

New Article On Florida Beach Judicial Takings Case

Posted: 19 Jan 2010 05:23 PM PST

Statelocalcover_1_2010_small The most recent edition of State & Local Law News has an article summarizing the arguments in Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). 

That case, which has been argued and is currently awaiting disposition by the Supreme Court, asks whether a state court is constrained by the Takings and Due Process clauses from rewriting the common law rules of property. [Disclosure: we filed an amicus brief in the case supporting the property owners.]

In Drawing a Line in the Sand: Stop the Beach Renourishment, Inc. v. Florida Dep't of Envtl. Protection, six authors of amici briefs in the case -- including me -- summarized their arguments. I focused on the "background principles" issue, and the notion that certain common law aspects of property are beyond the reach of state court redefinition:

The "judicial takings" question in Stop the Beach Renourishment, Inc. v. Florida Dep’t of Envtl. Prot. boils down to this: can courts "take" property when they change the common law?

Of course they can. The case concerns whether the "background principles" exception to per se takings in Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), permits state courts to construe state property law in a manner that threatens to virtually swallow up all regulatory takings. Perhaps more so than state legislatures, state courts may be susceptible to reordering established property norms via abrogation of common law rules, "discovery" of background principles or custom never before enunciated, or expansion of the public trust.

The complete article is posted here. The pdf is posted here. (You may need to be an ABA member to access the site. If you can't, let me know.)

In addition to my summary, Professor John Echeverria, and attorneys Anthony Caso, Gary Oldehoff, Donald Joe Willis, and Julia Wyman contributed to the piece. 

Visit our resource page on the case for the merits and amici briefs, a summary of the oral arguments, and links to media reports.

This posting includes an audio/video/photo media file: Download Now

The Latest On Eminent Domain In New York From The NY Times

Posted: 19 Jan 2010 02:13 PM PST

The New York Times' "Square Feet" column today posted "Lessons on Limits of Eminent Domain at Columbia," about the recent decision in Kaur v. New York State Urban Dev. Corp., 2009 NY Slip Op 08976 (Dec. 3, 2009). In that case, the New York Supreme Court, Appellate Division (First Department) struck down the attempted taking of land north of Columbia University in New York City because of the record reflected the condemnor's claim the properties are "blighted" was a pretext to mask overwhelming private benefit. The Kaur court undertook an extensive review of the facts and concluded "there is no independent credible proof of blight in Manhattanville."

The article notes:

The Dec. 3 opinion by the New York Supreme Court's appellate division, which found there was no civic or public purpose or blight to justify condemning Tuck-It-Away's buildings for the university's new campus, has unnerved public officials and developers. The Columbia decision "is the first thing that's happened in New York that suggests the threat of a change in our eminent domain law," said Kathryn S. Wylde, chief executive of the Partnership for New York City, a leading business group. "I think it’s frightening because there are few more important investments in our city’s future than that which Columbia is making."

The article also has a choice comment from our Owners' Counsel of America colleague Mike Rikon:

"I think people are really getting a foul smell from what’s been going on" said Michael Rikon, a lawyer who represents business owners in the Willets Point section of Queens, where the city intends to condemn property to make way for a large redevelopment project.

The piece also quotes our ABA State and Local Government Law Section colleague Amy Lavine (who, by the way, produces a very good law blog on community benefit agreements):

A provision to require trial-level review could be part of new legislation being drafted by Mr. Perkins, said Amy Lavine, a staff attorney with Albany Law School’s Government Law Center, who is advising the state senator. At the top of her list is substituting a specific definition of blight for the current standard of "substandard and insanitary" One model might be Pennsylvania's 2006 law, which permits a blight finding only when a substantial number of properties meet certain conditions such as being “unfit for public habitation” or having been tax delinquent for two years. "It's about making sure there are objective standards relating to public health and safety," Ms. Lavine said.

Ms. Lavine said she also supported lengthening the 30-day time limit for mounting a condemnation challenge.

The complete article is available

New Article On Florida Beach Judicial Takings Case

Posted: 19 Jan 2010 05:23 PM PST

Statelocalcover_1_2010_small The most recent edition of State & Local Law News has an article summarizing the arguments in Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). 

That case, which has been argued and is currently awaiting disposition by the Supreme Court, asks whether a state court is constrained by the Takings and Due Process clauses from rewriting the common law rules of property. [Disclosure: we filed an amicus brief in the case supporting the property owners.]

In Drawing a Line in the Sand: Stop the Beach Renourishment, Inc. v. Florida Dep't of Envtl. Protection, six authors of amici briefs in the case -- including me -- summarized their arguments. I focused on the "background principles" issue, and the notion that certain common law aspects of property are beyond the reach of state court redefinition:

The "judicial takings" question in Stop the Beach Renourishment, Inc. v. Florida Dep’t of Envtl. Prot. boils down to this: can courts "take" property when they change the common law?

Of course they can. The case concerns whether the "background principles" exception to per se takings in Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), permits state courts to construe state property law in a manner that threatens to virtually swallow up all regulatory takings. Perhaps more so than state legislatures, state courts may be susceptible to reordering established property norms via abrogation of common law rules, "discovery" of background principles or custom never before enunciated, or expansion of the public trust.

The complete article is posted here. The pdf is posted here. (You may need to be an ABA member to access the site. If you can't, let me know.)

In addition to my summary, Professor John Echeverria, and attorneys Anthony Caso, Gary Oldehoff, Donald Joe Willis, and Julia Wyman contributed to the piece. 

Visit our resource page on the case for the merits and amici briefs, a summary of the oral arguments, and links to media reports.

This posting includes an audio/video/photo media file: Download Now

The Latest On Eminent Domain In New York From The NY Times

Posted: 19 Jan 2010 02:13 PM PST

The New York Times' "Square Feet" column today posted "Lessons on Limits of Eminent Domain at Columbia," about the recent decision in Kaur v. New York State Urban Dev. Corp., 2009 NY Slip Op 08976 (Dec. 3, 2009). In that case, the New York Supreme Court, Appellate Division (First Department) struck down the attempted taking of land north of Columbia University in New York City because of the record reflected the condemnor's claim the properties are "blighted" was a pretext to mask overwhelming private benefit. The Kaur court undertook an extensive review of the facts and concluded "there is no independent credible proof of blight in Manhattanville."

The article notes:

The Dec. 3 opinion by the New York Supreme Court's appellate division, which found there was no civic or public purpose or blight to justify condemning Tuck-It-Away's buildings for the university's new campus, has unnerved public officials and developers. The Columbia decision "is the first thing that's happened in New York that suggests the threat of a change in our eminent domain law," said Kathryn S. Wylde, chief executive of the Partnership for New York City, a leading business group. "I think it’s frightening because there are few more important investments in our city’s future than that which Columbia is making."

The article also has a choice comment from our Owners' Counsel of America colleague Mike Rikon:

"I think people are really getting a foul smell from what’s been going on" said Michael Rikon, a lawyer who represents business owners in the Willets Point section of Queens, where the city intends to condemn property to make way for a large redevelopment project.

The piece also quotes our ABA State and Local Government Law Section colleague Amy Lavine (who, by the way, produces a very good law blog on community benefit agreements):

A provision to require trial-level review could be part of new legislation being drafted by Mr. Perkins, said Amy Lavine, a staff attorney with Albany Law School’s Government Law Center, who is advising the state senator. At the top of her list is substituting a specific definition of blight for the current standard of "substandard and insanitary" One model might be Pennsylvania's 2006 law, which permits a blight finding only when a substantial number of properties meet certain conditions such as being “unfit for public habitation” or having been tax delinquent for two years. "It's about making sure there are objective standards relating to public health and safety," Ms. Lavine said.

Ms. Lavine said she also supported lengthening the 30-day time limit for mounting a condemnation challenge.

The complete article is available

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U.S. EPA fines Monterey Park firm for defying order on electronic waste

U.S. EPA fines Monterey Park firm for defying order on electronic waste

 

  For Immediate Release: January 20, 2010
           Contact: Francisco Arcaute
    (213) 244-1815, Cell (213) 798-1404
    arcaute.francisco@epa.gov
       
U.S. EPA fines Monterey Park firm for defying order on electronic waste
ZKW Trading allegedly violated hazardous waste laws with Hong Kong exports

LOS ANGELES – The U.S. Environmental Protection Agency issued an order seeking penalties up to $37,500 per day to Monterey Park, Calif.-based ZKW Trading for failing to properly manage electronic waste that it attempted to export to Hong Kong.

    “This agency is firmly committed to greater e-waste stewardship; companies that make, distribute, use, and dispose of electronic products share the responsibility for reducing their environmental impact,” said Jeff Scott, director of the Waste Management Division for EPA’s Pacific Southwest region. 

    EPA issued the penalty order after ZKW failed to comply with a September 2009 order requiring ZKW to remove its cargo from the Port of Long Beach and to submit a plan for management of electronic waste that ZKW had shipped to Hong Kong without providing required notice.  The waste was part of a shipment of approximately 31,993 pounds of cathode ray tubes that had been rejected in Hong Kong and returned to the Port of Long Beach.  ZKW failed to provide appropriate notice to EPA or to the receiving country as required by federal law.  After receiving the earlier order, ZKW informed EPA that it would not comply with the order.

    “EPA requires all exporters of e-waste for recycling to provide notification,” said Amy Miller, who leads Resource Conservation and Recovery Act enforcement in EPA’s Pacific Southwest region.  “Companies that fail to comply will face significant penalties.” 

    Commonly known as CRTs, cathode ray tubes are the video display components of televisions and computer monitors. The glass in these units typically contains enough lead to require managing it as hazardous waste when they are discarded or recycled. 

    In June 2009, ZKW Trading reportedly consigned 38 pallets of cathode ray tubes – listing the cargo as plastic scrap – for shipment to Hong Kong, where it was rejected by Hong Kong customs authorities.   

    The order gave ZKW Trading 30 days to remove the cargo, and forty-five days to submit a plan to the EPA detailing how it will reuse, recycle, or discard the CRTs.  ZKW Trading’s failure to comply subjects it to fines of up to $37,500 per day of noncompliance.

    Regulations took effect in January 2007 requiring exporters shipping CRTs to another country for recycling to notify the EPA and receive written consent from the receiving country before shipments can be made.

    For more information on CRT’s, please visit: http://www.epa.gov/region09/waste/solid/ecycling/crt

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January 19, 2010

Dynamics of the Current Rental Housing Market
HUD Publication CoverpageThe national rental vacancy rate during the second quarter of 2009 was up from both the previous quarter and the same quarter in 2008. However, changes in vacancy rates varied regionally from a marginal annual decline in the Seattle-Bellevue-Everett metropolitan statistical area (MSA) to a noteworthy yearly increase in the Phoenix-Mesa-Scottsdale MSA.
A new working paper, "U.S. Rental Housing Characteristics: Supply, Vacancy, and Affordability," reports these findings as part of its overview of the current rental housing market dynamics, in relation to supply, local conditions, the national assisted rental housing stock, and both need and demand for affordable rental housing. Trends in rental housing characteristics over time are also noted.

Key Findings:

  • The national rental vacancy rate was 10.6 percent in the second quarter of 2009, up from both the previous quarter and the same quarter in 2008.
  • In 2008, regional vacancy rates ranged from 4.5 to 18.3 percent.
  • From 20062008, Section 8 vacancy rates varied marginally and did not exceed 5%; public housing vacancies fell 2%.
  • Low-income housing tax credit developments represented approximately half of all newly constructed multifamily units since 2000.
  • From 20012007, the stock of affordable unassisted rentals dropped 6.3%; high-rent units increased 94.3%.
  • Renter households spending at least 50% of their incomes on housing increased from 8.3 million in 2007 to 8.7 million in 2008.
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Housing Report 2009

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January 15, 2010

New Homebuyer Credit - Claim It

New Homebuyer Credit - Claim It: English | Spanish
New Homebuyer Credit – Military:
English
For these and other videos:
YouTube/IRSVideos

IR-2010-6, Jan. 15, 2010

WASHINGTON — The Internal Revenue Service today released the new form that eligible homebuyers need to claim the first-time homebuyer credit this tax season and announced processing of those tax returns will begin in mid-February. The IRS also announced new documentation requirements to deter fraud related to the first-time homebuyer credit.

The new form and instructions follow major changes in November to the homebuyer credit by the Worker, Homeownership, and Business Assistance Act of 2009. The new law extended the credit to a broader range of home purchasers and added new documentation requirements to deter fraud and ensure taxpayers properly claim the credit.

With the release of Form 5405, First-Time Homebuyer Credit and Repayment of the Credit, and the related instructions, eligible homebuyers can now start to file their 2009 tax returns. Taxpayers claiming the homebuyer credit must file a paper tax return because of the added documentation requirements.

The IRS expects to start processing 2009 tax returns claiming the homebuyer credit in mid-February after it completes the updating and testing of systems to meet the law’s new requirements. The updates allow the IRS to put in place critical systemic checks to deter fraud related to the homebuyer credit.

Some of these early taxpayers claiming the homebuyer credit may see tax refunds take an additional two to three weeks.

In addition to filling out a Form 5405, all eligible homebuyers must include with their 2009 tax returns one of the following documents in order to receive the credit:

  • A copy of the settlement statement showing all parties' names and signatures, property address, sales price, and date of purchase. Normally, this is the properly executed Form HUD-1, Settlement Statement.
  • For mobile home purchasers who are unable to get a settlement statement, a copy of the executed retail sales contract showing all parties' names and signatures, property address, purchase price and date of purchase.
  • For a newly constructed home where a settlement statement is not available, a copy of the certificate of occupancy showing the owner’s name, property address and date of the certificate.

In addition, the new law allows a long-time resident of the same main home to claim the homebuyer credit if they purchase a new principal residence. To qualify, eligible taxpayers must show that they lived in their old homes for a five-consecutive-year period during the eight-year period ending on the purchase date of the new home. The IRS has stepped up compliance checks involving the homebuyer credit, and it encouraged homebuyers claiming this part of the credit to avoid refund delays by attaching documentation covering the five-consecutive-year period:

  • Form 1098, Mortgage Interest Statement, or substitute mortgage interest statements,
  • Property tax records or
  • Homeowner’s insurance records.

The IRS also reminded homebuyers that the new documentation requirements mean that taxpayers claiming the credit cannot file electronically and must file paper returns. Taxpayers can still use IRS Free File to prepare their returns, but the returns must be printed out and sent to the IRS, along with all required documentation.

Normally, it takes about four to eight weeks to get a refund claimed on a complete and accurate paper return where all required documents are attached. For those homebuyers filing early, the IRS expects the first refunds based on the homebuyer credit will be issued toward the end of March.

The IRS encourages taxpayers to use direct deposit to speed their refund. In addition, taxpayers can use Where's My Refund? on IRS.gov to track the status of their refund.

More details on claiming the credit can be found in the instructions to Form 5405, as well as on the First-Time Homebuyer Credit page on IRS.gov.

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January 14, 2010

EPA Symposium Aims for Clean Air in Nation’s Schools

CONTACT:
Dave Ryan
ryan.dave@epa.gov
202-564-7827
202-564-4355
 
FOR IMMEDIATE RELEASE
January 14, 2010

EPA Symposium Aims for Clean Air in Nation’s Schools

WASHINGTON
- School districts leading the way to prevent and solve indoor air quality problems in schools will be honored at the U.S. Environmental Protection Agency’s (EPA) 10th Indoor Air Quality Tools for Schools National Symposium in Wash., D.C., Jan. 14-16. EPA created the Tools for Schools program a decade ago to address a range of indoor air quality and related problems in school buildings, including respiratory problems, headaches and nausea, and an alarming rise in asthma and allergies among schoolchildren.

The three-day symposium will feature interactive sessions -- led by expert speakers and faculty from award-winning school districts -- on radon, mold, high-performing schools, integrated pest management, green cleaning products and practices, and asthma management. 

“It is critical that our children have safe, healthy classrooms and an environment that helps them prepare for the future,” said EPA Administrator Lisa P. Jackson.  “We’re proud to recognize the achievements of school districts working to protect our students from dangerous pollution in the places where they come to learn.”

This year’s award winners are:  Keller Independent School District, Keller, Texas; Kenosha Unified School District #1, Kenosha, Wis.; North Penn School District, Lansdale, Pa.; Westport Public Schools, Westport, Conn.; Wayzata Public Schools, Plymouth, Minn.; Ocean Township School District, Oakhurst, N.J.; Omaha Public Schools, Omaha, Neb.; Spokane Public Schools, Spokane, Wash.; Jack Levine,
Director of Finance and Administration, Amity Regional School District No. 5 , Woodbridge, Conn.; and Michael Sheehan, Director of Facilities, Operations and Safety, Baldwin Union Free School District, Baldwin, N.Y.

The program is a comprehensive resource to help schools maintain a healthy environment in school buildings by identifying, correcting, and preventing indoor air quality (IAQ) problems.

A study conducted by the Centers for Disease Control and Prevention (CDC) found that about half of the nation’s schools now have IAQ management programs in place, up from about one-fourth of schools in 2002.     The CDC study also found that 85 percent of schools with IAQ management programs relied on EPA’s Tools for Schools program to guide their actions.

More information on the symposium: http://www.iaqsymposium.com/.

More information on EPA’s IAQ Tools for Schools program: http://www.epa.gov/iaq/schools/.

R011



Note: If a link above doesn't work, please copy and paste the URL into a browser. 

 

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In Planning and Conservation League v. Castaic Lake Water Agency (2009)

Summary:

By Leslie Z. Walker

In Planning and Conservation League v. Castaic Lake Water Agency (2009) 180 Cal.App.4th 210, the Castaic Water Agency ("Castaic") succeeded in extracting its agreement with Kern County Water Agency ("Kern"), if only for a moment, from the tangles of the Department of Water Resources' ("DWR") Monterey Agreement.

 

View the entire entry: http://blog.aklandlaw.com/2010/01/articles/ceqa/evaluation-of-individual-water-transfer-not-considered-improper-piecemealing-under-ceqa/index.html

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5-Year NOL Carryback

LinkedIn

Craig Miller CPA has sent you a message.

Date: 1/13/2010

Subject: 5-Year NOL Carryback As a Result of a Cost Segregation Study-Refunds Available for Taxes Paid in 2004 and Forward

We have a commercial property client in a loss position the last 2 years that is using our Cost Segregation Study now on 1 Property to generate huge noncash deductions and losses for the 2009 tax year, and will be amending prior tax returns and getting $1.2-$1.4 million in refunds for tax paid in 2005, 2006, 2007. See below explanation of what's available under the Economic Stimulus Act for 2008 and 2009.

American Recovery and Reinvestment Tax Act:

Net Operating Loss Carryback

For companies with net operating losses arising in tax years ending after 2007, the Act allows taxpayers to carry back these losses for three, four, or five taxable years, rather than the current two taxable years. The provision applies only to businesses with average annual gross receipts of less than $15,000,000 (taking into account the gross receipts of certain related taxpayers) for the three tax year periods ending with the loss year.

This is helpful for taxpayers who may not have had taxable income in the prior two years. Because the carryback period is extended, a refund of taxes already paid can be received. The taxpayer makes an irrevocable election to carry back the NOL for three or five years. Taxpayers can and should use the tentative/”quick” carryback procedures by using Form 1139 (corporations) or Form 1045 (individuals) which expedites the processing of the refund.

We offer free evaluations on any property. No obligation.

Best Regards,

Craig Miller, CPA, CGFM, MBA
Client Manager
Duffy+Duffy Cost Segregation Services
Cleveland - Columbus
CostSegExperts.com
440-892-3339 Cleveland Office
440-670-1941 Mobile

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January 13, 2010

How-To" Guide on Developing Small Lot Subdivisions in

Hi Curtis, 

Thank you for downloading modative's new "How-To" Guide on Developing Small Lot Subdivisions in Los Angeles. Please feel free to contact me at 310-526-7826 if you have any further questions. If you have a potential project and need some assistance with feasibility, site planning, or anything else, please let me know. I hope the opportunity arises to work with you in the near future. Below, please find links to our available resources including our guide and our blogs. 


Our Small Lot Subdivision Blog:
http://www.modative.com/Small-Lot-Subdivision-Los-Angeles-Blog/
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January 12, 2010

Regulatory Impact Analysis for the Housing Trust Fund

Regulatory Impact Analysis for the Housing Trust Fund
The Housing Trust Fund (HTF) was established by the Housing and Economic Recovery Act of 2008 and will provide grants to states to increase and preserve the supply of rental housing for extremely low- and very low-income families, including homeless families, and to increase homeownership for extremely low- and very low-income families. In addition to administering the Housing Trust Fund, HUD is charged with establishing (through regulation) the formula for distributing HTF resources to the states. The statute specifies certain factors that are to be part of the allocation formula and assigns priority. The proposed rule is available at http://edocket.access.gpo.gov/2009/pdf/E9-28984.pdf; interested parties can submit comments or suggestions online through February 2, 2010 at www.regulations.gov/search/Regs/home.html#submitComment?R=0900006480a62bd9.

HUD's Office of Policy Development and Research recently released Regulatory Impact Analysis for the Housing Trust Fund, which discusses the regulatory impact of the HTF. This Analysis meets the requirements of Executive Order 12866 to prepare an impact analysis (for review by the Office of Management and Budget) of any regulation projected to have an annual economic impact of $100 million or more. It is available to our readers and the general public as a free download.
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January 11, 2010

Math Tools and Calculators

Math Tools and Calculators

http://www.mathsisfun.com/math-tools.html 

Here are some really useful mathematical tools to speed your way to that all-important solution. If you would like to contribute more tools please contact me

Tool / CalculatorDescription
Percentage Calculator Enter two numbers, and see not only the percentages, but how they are calculated.
Binary, Decimal, Hexadecimal Converter Convert between Binary, Decimal and Hexadecimal. Can handle fractions and negatives.
Prime Factorization Tool Want to know if a number is Prime? Or if not, which prime numbers are it's factors?
Straight Line Graph CalculatorIf you have two points and need to know the straight line formula (y=mx+b) that connects them.
Scientific CalculatorWe think this is the best calculator around, because it will accept formulas such as (3+2/9)^2 or sin(1/5)
Unit Conversion ToolA neat yet powerful unit conversion tool. Can convert length, mass, volume, temperature and more. Hundreds of imperial and metric units are supported
Area Calculation ToolCalculate the areas of common shapes such as triangles, circles and ellipses
Which day of the week were you born onCalculate the day of the week for any date between 1582 and 4902
Roman NumeralsCan convert from/to Roman Numerals. What year was MDMCLXXI ?
Greatest Common Factor ToolFind the greatest common factor of 2 or 3 numbers. Useful for simplifying fractions.
Least Common Multiple ToolFind the least common multiple of 2 or 3 numbers. Useful for adding or subtracting fractions.
Full Precision CalculatorCalculate answers to full precision. Want to multiply to hundreds of digits of accuracy? No problem!
Quadratic Equation SolverHave an equation like "ax2 + bx + c = 0"? We can solve it!
Function Grapher and CalculatorYou can plot two functions together, and even save the results as a web link.
Standard Deviation CalculatorShows you the results at every stage of the calculation
Complex Number CalculatorEnter the formula, see the result.
Counting MoneyIts a game, but also useful for adding up money.
Power Set MakerMakes Power Sets from Sets
Decimal to Fraction ConverterConverts Decimals to Fractional form, showing steps.
Combinations and
Permutations Calculator
Calculate Combinations and Permutations
All Factors ToolFind all the factors of a number.
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January 10, 2010

Commercial Appraiser Group

Commercial Appraiser Group Members (18)

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As a result of Governor Schwarzenegger's Executive Order S-13-09 of July 1, 2009, the Office of Real Estate Appraisers will be closed on the first, second and third Fridays of each month (and the fourth Friday in January 2010) through June of 2010.

As a result of Governor Schwarzenegger's Executive Order S-13-09 of July 1, 2009, the Office of Real Estate Appraisers will be closed on the first, second and third Fridays of each month (and the fourth Friday in January 2010) through June of 2010.

  • The Fall 2009 edition of OREA's newsletter, The California Appraiser is now available.
  • Appraisal Management Company Registration

    California Governor Schwarzenegger signed Senate Bill 237 into law on October 11, 2009, mandating the registration of appraisal management companies with the Office of Real Estate Appraisers (OREA). Under SB 237, OREA must develop and adopt regulations governing the implementation of the registration process, with specified minimum requirements, and establish the fees to be imposed in an amount sufficient to cover OREA's administrative costs for the registration and regulation of appraisal management companies.

    OREA is proposing emergency regulations in order to implement Senate Bill 237 as quickly as possible after its effective date of January 1, 2010. Accordingly, pursuant to California Government Code Section 11346.1, please read the following emergency notice documents:

    • Finding of Emergency
    • Notice of Proposed Emergency Action (California Code of Regulations, Title 1, Section 48), and
    • Proposed Text of Regulations and Appraisal Management Company Application Forms

    On January 11, 2010 (five working days after this notification), OREA will file Form 400, the emergency notice documents, and statements as set forth in Section 50, Title 1, California Code of Regulations with the Office of Administrative Law (OAL). Upon posting the emergency documents on the OAL's website, a five-day public comment period begins. If you wish to make comments on the proposed emergency regulations during the five-day public comment period, please send them to OREA's contact person (Kathleen Chovan at kchovan@orea.ca.gov), and to the OAL Reference Attorney at staff@oal.ca.gov.

    Upon approval of the emergency regulations (within ten calendar days of OREA's filing with the Office of Administrative Law), they will be in effect for a period of up to 180 days. In order to establish permanent regulations, OREA will file a regular rulemaking package with the Office of Administrative Law in February 2010, with commensurate public hearing and notice requirements.

  • Attention OREA Course Providers and USPAP Instructors

    The 2008-09 USPAP basic and recertification courses may only be offered until 12/31/09. After January 1, 2010, only the 2010-11 versions of USPAP can be offered. Currently all USPAP instructors are certified until March 31, 2010. Instructors must successfully complete The Appraisal Foundation's online Instructor Recertification Course (IRC) between October 1, 2009 and March 31, 2010, in order to retain their instructor certification. Instructors are not permitted to teach the 2010-11 version of USPAP prior to completing this recertification process.

    Students will not receive credit for 2010-11 USPAP classes if they were taught by a certified instructor who had not completed the IRC process.

    In addition to the above recertification process, any USPAP instructor wishing to teach a distance offering of the 2010-11 USPAP must also possess the Certified Distance Education Instructor (CDEI) designation from International Distance Education Certification Council. Students completing the distance education version of these courses cannot receive credit if the instructor was not CDEI designated.

  • Federal Housing Finance Agency (FHFA) news release regarding the Home Valuation Code of Conduct (HVCC)

    The HVCC applies to lenders that sell single-family mortgage loans to Fannie Mae and Freddie Mac beginning May 1, 2009. See the FHFA news release. Read the text of the HVCC.

    The Appraisal Foundation will be providing information on their interpretation of the HVCC policy.

  • *** Important Announcement to FHA/HUD Appraisers ***

    The approval of the Housing and Economic Recovery Act of 2008 mandates revised eligibility requirements for appraisers to qualify for placement and retention on the FHA Appraiser Roster.

    No later than October 1, 2009, all FHA Appraiser Roster appraisers in all states and territories must be state certified in order to be eligible to conduct appraisals for FHA-insured mortgages and remain on the FHA Appraiser Roster.

    For the full text of HUD's Mortgagee Letter 2008-39 click here. More information can be found at http://www.hud.gov/offices/hsg/sfh/appr/eligibility.cfm

    Please refer to pages 9-10 of OREA's Licensing Requirements Handbook for requirements to upgrade to a Certified Residential or Certified General license.

  • OREA now has an email list for announcements of website updates and new publications. This will be a low volume list and we will not make the addresses available to any other entity unless required by law. You can join the list by clicking the link below and sending a blank email. If you use web-based email, you may have to copy the address and paste it into a new, blank message in your webmail.

    OREA Notices mailing list subscription address:
    orea_notices-join@orea.ca.gov

  • Senate Bill 223 prohibits anyone with an interest in a real estate transaction from improperly influencing or attempting to improperly influence the results of an appraisal sought in connection with a mortgage loan. Find out more.
    Full text of Senate Bill 223

    APPRAISERS: If anyone has pressured you to "hit a value" in an appraisal assignment, please go to the California Real Estate & Financial Services License Status Check to determine the appropriate jurisdictional authority for violation of California Civil Code Section 1090.5

OREA HAS CHANGED TESTING PROVIDERS: OREA's examination provider has changed, effective July 1, 2008 from Pearson Vue to Applied Measurement Professionals Inc. To schedule an examination please contact Applied Measurement Professionals Inc. at:

  •  

    http://www.goamp.com

     

    PLEASE NOTE: Admission to Examination Letters are valid for one year or five attempts, which ever comes first. Therefore, applicants who have a valid Admission to Examination Letter may take the examination in 2008 but they will take the 2008 version of the examination. Additionally, those applicants who submitted their applications with acceptable education prior to January 1, 2008 and who do not take the examination until after January 1, 2008, will not have to qualify under the 2008 education requirements unless their Admission to Examination Letter expires. Information regarding the 2008 examination may be found on the Applied Measurement Professionals Inc. website at http://www.goamp.com

Change to the Work Sample Submittal Process

In the OREA Licensing Handbook, the references to submittal of work samples on pages 4, 6, 14, 15 and 16 should be disregarded. OREA licensing staff will contact the applicant regarding the submittal of work samples, based on the work experience log submitted with the license application.

NEW LICENSING REQUIREMENTS EFFECTIVE JANUARY 1, 2008

In February 2004, The Appraiser Qualifications Board (AQB) of the Appraisal Foundation adopted changes to the real property appraiser qualifications criteria that will become effective January 1, 2008. The requirements individuals must meet in order to become a licensed or certified appraiser will change significantly. The changes include increased requirements for qualifying education and experience, and a new Uniform State Appraiser Examination.

The manner in which the Office of Real Estate Appraisers will implement the new criteria is important to understand. For all initial license applications and upgrade applications received on or after January 1, 2008, applicants must meet all components (education, experience, and examination) of the new requirements.

Initial or upgrade applications received on or before December 31, 2007, will be reviewed based on current licensing requirements. However, if an examination is not taken until after January 1, 2008, the examination content will be based on 2008 criteria. Any deficient component of an application not completed prior to December 31, 2007, will be required to meet the 2008 new requirements. This pertains primarily to the education and examination components.

Please refer to this website frequently. Additional information will be posted as it becomes available.

The real property appraiser criteria effective January 1, 2008 are summarized in the following table.

AQB Minimum Real Property Appraiser Qualifying Criteria - (Effective January 1, 2008)
OREA License LevelsBasic Education RequirementsCollege Level RequirementsExperience
Trainee (AT)150 HoursN/AN/A
Residential (AL)150 HoursN/A2,000 Hours
(accumulated over at least a
12 month period)
Certified Residential (AR)200 HoursAssociate Degree*2,500 Hours
(accumulated over at least a
30 month period)
Certified General(AG)300 HoursBachelors Degree**3,000 Hours that include at
least 1500 non-residential
hours (accumulated over at
least a 30 month period)

Individuals gaining experience at the AT level must be supervised by a certified licensed level appraiser under the new criteria. No supervisor can supervise more than three trainees.

* In lieu of the Associate Degree, an applicant can complete 21 college semester credits in courses covering specific subject matters: English Composition; Principles of Economics (Micro or Macro); Finance, Algebra, Geometry or higher mathematics; Statistics, Introduction to Computers; and Business or Real Estate Law.

** In lieu of the Bachelors Degree, an applicant can complete 30 college semester credits in courses covering specific subject matters: English Composition; Micro Economics; Macro Economics; Finance, Algebra, Geometry or higher mathematics; Statistics, Introduction to Computers; and Business or Real Estate Law; and two elective courses in accounting, geography, ag-economics, business management, or real estate.

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January 09, 2010

The "LOoP" sponsored by The Harris Company, Commercial Appraiser and Consultant, A Real Estate Services Directory and Custom Search Engine, CSE. For an Appraisal or other service Please Call 310.337.1973. FHA Appraiser Search Get Listed NOW!

The "LOoP" sponsored by The Harris Company, Commercial Appraiser and Consultant, A Real Estate Services Directory and Custom Search Engine, CSE. For an Appraisal or other service Please Call 310.337.1973. FHA Appraiser Search Get Listed NOW!

http://www.google.com/cse/home?cx=000747579154309164948%3Annakvu69iqy

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Appraisers Talk Back

 

Appraisers Talk Back

To request an Appraisal or other Real Estate Service please call: *(310) 337-1973* or click on the [Home] button, below.
For Appraisals outside of California please click on [The "LOoP" Real Estate Directory and Custom Search Engine] button below, or Post your needs in the Appraiser/Appraisal Needed Treat Below.

This appraiser forum is reserved for Public Affairs Issues Only, Articles or Posts not specifically addressing these issues will be deleted. Abusive or unprofessional language will not be tolerated. To have your site added to our Real Estate Services Directory and Custom Search Engine CSE-the LOoP, please email cochise@justice.com Thanks for Your Cooperation. ;-)

http://www.hwforums.com/2191/

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U.S. ANNOUNCES SETTLEMENT WITH GRAND RAPIDS LANDLORDS - 67 HOUSING UNITS TO BECOME LEAD SAFE

HUD No. 09-242
Brian Sullivan
(202) 708-0685
FOR RELEASE
Tuesday
December 29, 2009
U.S. ANNOUNCES SETTLEMENT WITH GRAND RAPIDS LANDLORDS - 67 HOUSING UNITS TO BECOME LEAD SAFE
Agreement signals increasing federal and local coordination in protecting children

GRAND RAPIDS, MI - The U.S. Attorney's Office for the Western District of Michigan, the U.S. Department of Housing and Urban Development (HUD), and the U.S. Environmental Protection Agency (EPA) today announced a settlement with two Michigan landlords for failing to inform tenants that their homes may contain potentially dangerous lead. The Grand Rapids owners have agreed to pay a $6,000 fine and to render their residential housing lead safe, at an estimated cost of nearly $350,000.

According to the Federal Government, Jose and Guillermina Sierra violated the federal Residential Lead-Based Paint Hazard Reduction Act (Residential Lead Act) and implementing regulations (Lead Disclosure Rule) by failing to inform tenants that their homes may contain potentially dangerous levels of lead. Kent County health officials identified three addresses where children had been lead poisoned while they lived in homes owned or managed by the Sierras.

As a result of the settlement, the Sierras tested all of their properties for lead-based paint and have agreed to perform lead-based paint hazard reduction work, including window replacement, abatement of all friction and impact surfaces, stabilization of all other non-friction and non-impact surfaces, and additional interim control work in all residential units they own and manage within a period of six years (see attached list). Work will be completed within six months in any property that contains a child under six or pregnant woman.

"Protecting our children from dangerous lead and other home health hazards is crucial," said HUD Deputy Secretary Ron Sims. "Together, the federal government and the parties in this case reached a fair settlement that advances the fight for the health and safety of our children and our homes."

"By bringing these enforcement actions, EPA is restating that protecting our children's health from lead-based paint exposure is one of our highest priorities," said Bharat Mathur, acting region 5 administrator. "To this end, we will work with our partners to vigorously pursue compliance with these rules."

"This resolution promotes the important goal of reducing lead exposure, especially among young children in homes in Grand Rapids," stated Donald A. Davis, United States Attorney for the Western District of Michigan. "The U.S. Attorney's Office, together with our Agency partners, will continue to pursue investigations and cases involving violations of the Residential Lead Act."

The settlement announced today represents the first joint Lead Disclosure Rule enforcement action in Grand Rapids, Michigan and was the result of intensive coordination among local health officials and federal investigators. HUD, EPA and the Department of Justice are continuing similar enforcement efforts around the nation, and have taken enforcement actions in which landlords have agreed to conduct lead-based paint hazard reduction in more than 182,124 apartments and pay $1,274,015 in civil penalties. In addition, a total of $703,750 has been paid directly to community-based projects to reduce lead poisoning, and, in settling these cases, landlords have committed to expend more than an estimated $30 million to address lead-based paint hazards in the affected units.

Background

The Residential Lead Act is one of the primary federal enforcement tools to prevent lead poisoning in young children. The Lead Disclosure Rule requires home sellers and landlords of housing built before 1978 to disclose to purchasers and tenants knowledge of lead-based paint or lead-based paint hazards using a disclosure form, signed by both parties, attached to the sales contract or lease containing the required lead warning statement, provide any available records or reports, and provide an EPA-approved "Protect Your Family From Lead in Your Home" pamphlet. Sellers must also provide purchasers with an opportunity to conduct a lead-based paint inspection and/or risk assessment at the purchaser's expense. Acceptable lead disclosure forms can be found at www.hud.gov/offices/lead/dislcosurerule and www.epa.gov/lead/pubs/leadbase.htm.

Health Effects of Lead-Based Paint:

Lead exposure causes reduced IQ, learning disabilities, developmental delays, reduced height, poorer hearing, and a host of other health problems in young children. Many of these effects are thought to be irreversible. In later years, lead-poisoned children are much more likely to drop out of school, become juvenile delinquents and engage in criminal and other anti-social behavior. As reported in the New England Journal of Medicine, researchers found that even at low levels, lead exposure in children can significantly impact IQ and even delay puberty in young girls.

At higher levels, lead can damage a child's kidneys and central nervous system and cause anemia, coma, convulsions and even death. According to the Centers for Disease Control and Prevention (CDC), about 310,000 of the nation's 20 million children under the age of six have blood lead levels high enough to impair their ability to think, concentrate and learn.

Eliminating lead-based paint hazards in older low-income housing is essential if childhood lead poisoning is to be eradicated. According to CDC estimates, the percentage of children with elevated blood lead levels has been cut in half since the early 1990's, although the prevalence of childhood lead poisoning in low-income, older housing without federal assistance remains high. HUD estimates that the number of houses with lead paint has declined from 64 million in 1990 to 38 million in 2000. About 24 million homes still have significant lead-based paint hazards.

Properties subject to this settlement agreement include:

 

Address

# of Units

1.

16 Griggs

1

2.

19 Elm

2

3.

608 Liberty

1

4.

1055 Madison

2

5.

1152 Madison

2

6.

437 Hall

2

7.

24 Burton

2

8.

29 Burton

2

9.

39 Burton

3

10.

43 Burton

2

11.

44 Burton

3

12.

52 Burton

4

13.

401 Burton

2

14.

1748 Division

2

15.

1814 Division

2

16.

1818 Division

1

17.

1822 Division

2

18.

1826 Division

1

19.

1854 Division

2

20.

1912 Division

6

21.

1916 Division

2

22.

1822 Horton

2

23.

1841 Horton

2

24.

1905 Horton

2

25.

1960 Horton

2

26.

2032 Horton

2

27.

45 Sutton

2

28.

48 Sutton

2

29.

141 Griggs

2

30.

525 Shamrock

2

31.

415 Laurel

2

32.

222 Montgomery

1

 

 

 

 

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USPAP Exposure Draft 2012

USPAP Exposure Draft 2012

http://www.harriscompanyrec.com/uspapexposuredraft2012.pdf

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EPA Announces More Than $9 Million in Beach Grants To Help Protect Swimmers

CONTACT:
Enesta Jones (MEDIA ONLY)
jones.enesta@epa.gov
202-564-7873
202-564-4355
Denise Hawkins (PUBLIC INQUIRIES)
hawkins.denise@epa.gov
202-566-1384
202-566-0400
FOR IMMEDIATE RELEASE
January 8, 2010
EPA Announces More Than $9 Million in Beach Grants To Help Protect Swimmers
WASHINGTON – The U.S. Environmental Protection Agency (EPA) is making almost $10 million in grants available to 37 eligible coastal and Great Lakes states, territories and tribes to monitor beach water quality and notify the public of conditions that may be unsafe for swimming.
“This funding will help states monitor their beaches and provide beachgoers with critical water quality information,” said Peter Silva, assistant administrator for EPA’s Office of Water. “Protecting the beach-going public from illness is a national priority and EPA will continue to invest in this type of initiative.”
This marks the 10th year that EPA provides beach grant funds, with more than $90 million awarded to states, territories, and tribes since 2001. The 2010 grants continue to build upon efforts by EPA and the states to provide consistent public health protection and up-to-date public information about local beach conditions. The beach grants have also enabled states and territories to more than double the number of beaches at which they monitor water quality since 2003. Increased pubic information about beach water quality also serves as a motivator for beach communities to identify sources of contamination and to take corrective action.
The funds are made available under the Beaches Environmental Assessment and Coastal Health (BEACH) Act of 2000. EPA estimates that one-third of all Americans visit coastal areas each year, making a total of 910 million trips while spending more than $40 billion annually. EPA also estimates that coastal recreation and the related tourism industry together serve 180 million Americans, support more than 28 million jobs and generate billions of dollars in goods and services each year.
While EPA’s BEACH Act grants are a cornerstone of federal efforts to develop strong state beach protection programs, the agency is also focusing on developing new technologies to more quickly identify bacterial contamination at our nation’s beaches.  Numerous state-of-the-art detection methods and results from scientific research studies are currently being evaluated.
More information:  http://www.epa.gov/waterscience/beaches/grants/
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January 08, 2010

MADE AS INSTRUCTED APPRAISAL BROUGHT TO YOU BY JOHN R PEXTON (mai, APPRAISAL INSTITUTE, ASSOCIATE)

MADE AS INSTRUCTED APPRAISAL BROUGHT TO YOU BY JOHN R PEXTON (mai, APPRAISAL INSTITUTE, ASSOCIATE) 

The asking price for the ranch at this time was $7.3 million. Court records go on to state that on Aug. 12, 2005, after it became clear the military was seeking an $8 million appropriation to purchase the ranch, Grommet had Newman write a letter to the guard stating that the new listing price was $7.7 million for the entire ranch.

Two appraisers - both certified appraisers in the State of Wyoming - were hired by the military to evaluate the ranch. Jim Hastings appraised the ranch at $7.5 million while John Pexton (mai, appraisal institute, associate) appraised the ranch at $7.95 million. http://www.pcrecordtimes.com/v2_news_articles.php?heading=0&page=72&story_id=1432

John R. Pexton (MAI, APPRAISAL INSTITUTE, ASSOCIATE)
Saddleback Appraisals
Owner
P.O. Box 30
107 North 6th Street
Douglas  WY  82633
(307) 358-4932
Accepts Fee Assignments (more info)

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Commercial real estate recovery not seen until 2011

Commercial real estate recovery not seen until 2011

The commercial real estate industry, faced with filling empty offices and stores while the nation's unemployment rate hovers above 10%, won't begin its recovery until 2011, according to a forecast released Monday.

But, at least the industry's decline in 2010 will be less severe than its drop in 2009, according to the forecast by Grubb & Ellis Co., a national real estate services firm that includes Brookfield-based Apex Commercial Inc. among its affiliates.

"The national economy has begun a slow and cautious recovery, but the labor market, which often lags the broader economy, will turn around only gradually with sustained improvement unlikely before the second half of 2010. Because commercial real estate lags the labor market, it still has a ways to go before reaching its own low point," said Bob Bach, the firm's senior vice president and chief economist.

"The good news is that the freefall we saw in 2009 is over and the future is more certain, giving owners and users of real estate the confidence to begin making decisions again," Bach said in a statement.  http://www.jsonline.com/business/80674702.html

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INVERSE CONDEMNATION

Preacquisition Regulations Depressing Value And The "Scope Of The Project" Rule

Posted: 08 Jan 2010 03:13 AM PST

Most of the buzz these days about eminent domain is about the "public use" side of the equation -- whether a condemor can take property, and the legitimacy of its professed reasons for doing so. Today, however, the U.S. Supreme Court is considering the other side, which makes up a vast majority of eminent domain cases, but does not get nearly the exposure: just compensation.

The Court has been asked to review an 11th Circuit decision about compensation arising out of property located near the Florida Everglades. In United States v. 480.00 Acres of Land, No. 07-13584 (Feb. 11, 2009), the 11th Circuit held that in calculating compensation, the federal government could take advantage of the fact that the local government's restrictive land use regulations had severely depressed the value of the acquired property. We detailed the decision here.

The property owner sought Supreme Court review, asking the Court to consider these Questions Presented:

1. When it is alleged that the federal government has induced local authorities to increase regulation of property the United States then condemns, and the property owner seeks to have the regulation’s effects disregarded in calculating just compensation under the "scope of the project" rule, must the owner show the federal government’s sole motive or primary purpose was to depress land value, as held by the Second, Third, Fifth, and Eleventh Circuits, or merely demonstrate a nexus between the regulation and the condemnation, as held by district courts in the First and Fourth Circuits?

2. What standard governs due process claims under the Fifth Amendment, where a property owner alleges that the federal government has manipulated the Fed. R. Civ. P. 71.1 land commission process to artificially depress just compensation payments by denying an owner a meaningful opportunity to be heard?

 

The petition is available here. The Supreme Court's docket entry (No. 09-505) is here.

The Cato Institute, which filed an amicus brief, summarizes the issue here.

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January 07, 2010

What you should know about Construction Loans: http://www.harriscompanyrec.com/constructionloan.pdf

What you should know about Construction Loans: http://www.harriscompanyrec.com/constructionloan.pdf
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Minnesota Supreme Court Hearing Eminent Domain Delegation Appeal

Minnesota Supreme Court Hearing Eminent Domain Delegation Appeal

Posted: 06 Jan 2010 12:29 PM PST

The Minnesota Supreme Court today heard oral arguments in Eagan Economic Development Authority v. U-Haul Company of Minnesota. The case asks from where a redevelopment authority derives its eminent domain power. We digested the court of appeals' decision here.

Update: a report on the argument is posted here.

Here's the summary of the issues presented from the Minnesota Courts site:

 

In 2001, the city established Cedar Grove as a tax increment financing district and adopted a redevelopment plan for the district. That redevelopment plan provided that before formal consideration of the acquisition of any property, the city would require a binding development agreement. In 2007, after negotiations to purchase the properties stalled, appellant Eagan Economic Development Authority took the properties by eminent domain. The district court granted the condemnation petitions; the court of appeals reversed, concluding that the economic development authority exceeded the scope of its condemnation authority by attempting to condemn the properties without a binding development agreement in place. Four issues are before the supreme court: (1) whether an economic development authority derives its eminent domain power from a city or from a statute; (2) whether the court of appeals erred by applying to the Eagan Economic Development Authority, Minn. Stat. § 469.094, subd. 2 (2008), which provides that an economic development authority may exercise "all of the powers that the governmental unit establishing the project could exercise with respect to the project"; (3) whether a city can modify the resolution establishing an economic development authority without complying with Minn. Stat. § 469.092 (2008), which requires written resolution after notice and a public hearing; and (4) whether the particular redevelopment plan for Cedar Grove limited the authority’s power of eminent domain with respect to the project. (Dakota County)

More to follow when the court issues an opinion.

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January 06, 2010

Welcome to The Chicago Manual of Style Online—the indispensable online reference for all who work with words.

Welcome to The Chicago Manual of Style Online—the indispensable online reference for all who work with words. http://www.chicagomanualofstyle.org/home.html

 

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Appraisal System in Department of the Interior Gets Scrutinized

http://blog.appraiserloft.com/?p=229 More

Appraisal System in Department of the Interior Gets Scrutinized

By AppraiserLoft Team | January 6, 2010

An evaluation report on the appraisal operations in the Department of the Interior (Department) has found that the existing system is not working properly and has heavy criticism for the current status of the Appraisal Services Directorate (ASD), the office set up to handle the appraisal needs for the Department.
The report, from the Office of the Inspector General, claims that appraisal operations are “impeded by a combination of factors,” including a lack of support from the National Business Center (NBC), persistent undermining by other bureaus and the “nonexistence of leadership.”
The ASD was originally created in 2003 as part of the effort to remedy longstanding problems with the appraisal process in the Department. The ASD’s mission is to satisfy the appraisal needs for property bought and sold by the Department and its bureaus, including the Bureau of Land Management, Fish and Wildlife Service, National Park Service and Bureau of Reclamation. Over the last four years, the ASD has appraised almost 8 million acres of land, with an appraised value of almost $10 billion. The ASD has over fifty full-time appraisers who report back to a chief appraiser based in Washington, D.C.
The report says that the ASD does not have “full control over and responsibility for the appraisal process,” with the NBC failing to provide timely support and services. In addition, the other bureaus have consistently undermined the ASD by “repeatedly acting to regain control of the appraisal function.” The Department, meanwhile, did nothing to intervene and address these issues.
In damning criticism of the current structure, the memo that accompanied the report, said, “This lack of support is compounded by the fact that ASD has essentially become dependent upon others to address policy and enforcement issues as the agency has been without consistently strong leadership for the past three years.”

 

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Appraisal System in Department of the Interior Gets Scrutinized

http://blog.appraiserloft.com/?p=229

 

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January 05, 2010

RESEARCH, RESOURCES, LEGAL

RESEARCH, RESOURCES, LEGAL

TWO USEFUL - FREE WEBINARS TO KICK OFF 2010!
Follow these links to hear economist Mark Doutzor forecast the Economic Outlook for 2010: Commercial Real Estate. Dr. Dotzour's Power Point presents likely trends in absorption and values and a timeline for the recovery of the commercial market.
To listen, click - here

"Ramp up you Brokerage" by downloading comments of Rod Santomassimo, President of the Massimo Group. He acknowledges the fact that you may be "busy" but helps ensure that you are busy in an effective and results-producing manner. To listen, click - here


A FEW GLIMMERS IN THE ECONOMIC FORECAST
The commercial real estate story remains difficult -- lagging against a background of weak fundamentals and timid transaction activity. But it's not all doom and gloom. The pace of decline is slowing, and sales transactions are posting positive growth. To read NAR economist, George Ratiu's full commercial insights, click - here

NEW COURSE TO HELP START A COMMERCIAL GROUP
Are you working in the commercial real estate sector? Do you have a commercial group within your association yet? Well – start the year right with NAR’s new, online course, "Offering Commercial Services to Your Members." Discuss with your leadership forming a commercial group and add resources for active commercial practitioners. The 4-hour, online course is $89 and carries 4 RCE credits. For more information, click
- here


START THE NEW YEAR WITH YOUR OWN NEWSLETTER>
Here's a practical book that guides you in developing and communicating with your clients and prospects with your own newsletter. Look for all the "Right Tools/ Right Now" products for commercial practitioners at realtors.org here


AFFILIATE NEWS


ANNOUNCING A ROLL-BACK IN CCIM PORTFOLIO REQUIREMENTS

Candidates for the CCIM designation can thank current market conditions for one thing: a temporary reduction in the portfolio requirements needed to earn the coveted designation. This market adjustment is effective until January 1, 2012, while all other requirements remain the same. For details, click here.

IREM FOUNDATION OFFERS SEVERAL GRANTS
A grant available through IREM is designed to help the Institute create a more diverse organization. It's the Diversity Outreach Professional Development Grant, and it assists people from underrepresented population groups with expenses associated with achieving an IREM credential. Learn about this and other grants and download an application by clicking - here.

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FDIC_Regional Economic Conditions (RECON)

Regional Economic Conditions (RECON) was originally designed to assist the FDIC in the examination process by providing economic information at the state, MSA (Metropolitan Statistical Area), and county levels. It is helpful in the analysis of risks facing financial institutions. We believe that easy access to timely, high-quality information about economic conditions and risks could be of benefit to some banks, as well as the general public.
Using RECON, anyone with internet access is able to drill down to any state, MSA, or county to view standard graphs, tables, and maps depicting economic conditions and how they have changed over time.
RECON contains a 'shopping cart' feature that allows the user to assemble charts and tables of interest and then print them together at the end of their session.

Economic data is arranged by geography. Start by choosing a state from the dropdown menu on the left-hand side of the screen.
http://www2.fdic.gov/recon/index.asp
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POINTS AND AUTHORITIES:

 

Please acknowledge receipt via an email reply; I will then forward the password.

 

P.S.
We are a strictly regulated industry; therefore, any questions regarding the attached appraisal report must be in writing.  Any request for corrections, amendments, or alterations to the attached appraisal report must be in writing and presented with the appropriate HVCC, USPAP, IRS, or other Applicable Citation.  We will not return calls, emails or other communicatoins from anyone not specifically named as “CLIENT” in the appraisal report. 

 

Please be reminded that in accordance with Federal and State Law, and Public Policy, it is unlawful for an unlicensed individual to attempt to perform a Technical Review (The COMPETENCY RULE applies to the reviewer.)  We therefore reserve the right to refuse consideration of, any and all, non-clerical correction request(s) made by unlicensed individuals, including Loan Processors, Loan Underwriters, Lawyers, Accounts, and/or Loan Officers.  ANY INDIVIDUAL(S) ATTEMPTING TO INFLUENCE, PERSUADE, OR PRESSURE THIS APPRAISER WILL BE IMMEDIATELY REPORTED TO THE PROPER AUTHORITIES, NO EXCEPTIONS.

 

 

POINTS AND AUTHORITIES:

USPAP Appraisal Review

http://commerce.appraisalfoundation.org/html/2006%20USPAP/std3.htm

 

Independent Appraisal and Evaluation Functions

http://www.occ.treas.gov/ftp/advisory/2003-9a.pdf

 

Interagency Appraisal and Valuation Guide

http://www.fdic.gov/regulations/laws/rules/5000-4800.html#5000interagencyaae

 

For Uniform Standards of Professional Appraisal Practice

USPAP Standards please see:

http://209.213.217.34/html/USPAP2005/toc.htm

 

For USPAP Administrative Review please see Advisory Opinion 6 (AO-6):

http://www.appraisalfoundation.org/html/USPAP2004/ao6.htm

 

For FIRREA please see: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?type=simple;c=ecfr;cc=ecfr;sid=c26d6ccebca6c6bf9268560a2ea2fdf4;region=DIV1;q1=real%20estate%20appraisal;rgn=div5;view=text;idno=12;node=12%3A1.0.1.1.32#12:1.0.1.1.32.3

 

For Banks and Lending, Comptroller of the Currency (OCC) please see:

http://www.access.gpo.gov/nara/cfr/waisidx_04/12cfr34_04.html

 

For the Department of Housing and Urban Development

HUD Standards please see:

http://www.hud.gov/offices/hsg/sfh/ref/chap1.cfm

 

For the Federal National Mortgage Association

FannieMae Standards please see:

http://www.allregs.com/efnma/index.asp?dv=0&sd=/&sm=1&sp=fnma&sq=_&st=_&sv=0&sx=/&sy=0&sz=0&t=0&tc=fnma/selling/part-xi&tp=fnma/selling/part-xi/xi-intro

 

For the Department of Veteran Affairs

VA Standards please see:

http://www.homeloans.va.gov/26-7.pdf

Chapter 11

 

For the State of California,

Board of Equalization (Property Tax Appraisals) Please See:

http://www.boe.ca.gov/proptaxes/pdf/ah501.pdf

 

 

For the State of California,

Department of Transportation Please See:

http://www.dot.ca.gov/hq/oda/download/RWMC-124.pdf#xml=http://www.dot.ca.gov/cgi-bin/texis/webinator/search/xml.txt?query=appraisal&db=db&pr=default&prox=page&rorder=500&rprox=500&rdfreq=500&rwfreq=500&rlead=500&sufs=0&order=r&cq=&id=40c8ca263

 

State of California

Probate Code Sections 8905 and 10309

Please See:

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=99364510617+0+0+0&WAISaction=retrieve

 

For Federal Acquisition,

Uniform Appraisal Standards for Federal Land Acquisitions

(The Yellow Book) Please See:

http://www.usdoj.gov/enrd/land-ack/yb2001.pdf

 

For the Department of Treasury

Internal Revenue Service

Please See:

http://www.irs.ustreas.gov/pub/irs-pdf/p561.pdf, or

http://www.access.gpo.gov/nara/cfr/waisidx_99/31cfr10_99.html

 

For the U.S. Department of Transportation

Federal Highway Administration

Please See:

http://www.fhwa.dot.gov/realestate/apprgd.htm#UNIFACT

 

 

 

 

IRS Appraiser, Trust Appraiser, Commercial Appraiser 
 
The IRS has released guidance on appraisers and appraisals, giving direction on the reforms enacted with the Pension Reform Act, which was signed into law on 8/17/06 . The IRS will accept appraisals done before 8/17/06 if they meet the IRS rules in place before the new law passed.
View or download the guidance here.
IRS Appraiser, Trust Appraiser, Commercial Appraiser
http://www.harriscompanyrec.com/irs_guidance.pdf
http://www.harriscompanyrec.com/irsappriaserdeclaration.wpd
For returns filed after February 16, 2007, the declaration required under § 1.170A-13(c)(5)(I) must include an additional statement that the appraiser understands that a substantial or gross valuation misstatement resulting from an appraisal of the value of property that the appraiser knows, or reasonably should have known, would be used in connection with a return or claim for refund, may subject the appraiser to a civil penalty under § 6695A. See also § 1.170A-13(c)(3)(iii).
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NEW LAWS AFFECTING CALIFORNIA REAL ESTATE

http://www.realtor.com/blogs/2009/10/19/new-laws-affecting-california-real-estate/

NEW LAWS AFFECTING CALIFORNIA REAL ESTATE

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USPAP 2010-2011

USPAP 2010-2011

http://www.uspap.org/2010USPAP/eUSPAP2010.htm

 

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Abbott & Kindermann's Annual Land Use, Real Estate, and Environmental Law Update

Summary:

Abbott & Kindermann's Annual Land Use, Real Estate, and Environmental Law Update

Reserve your seat for one of three seminars taking place in 2010!

In January and February 2010 Abbott & Kindermann, LLP will present its annual complimentary educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, real estate acquisition, easements, leasing and property acquisition, and mining. In addition, the following hot topics for 2010 will be discussed:

Global Warming: CEQA Guidelines, Mandatory Reporting

Water Supply Legislation

CEQA Litigation: Alternative Analysis & Exhaustion of Administrative Remedies

Subdivision Map Extension

Interpreting Development Agreements

Endangered Species Act

Abbott & Kindermann, LLP will be presenting its annual program at three California locations: Sacramento, Modesto and Redding. Details for the seminars are below. We hope you can join us and look forward to seeing you there.

Modesto Conference

Date: Thursday, January 21, 2010

Location: Double Tree Hotel Modesto, 1150 Ninth Street

Registration: 12:30 p.m. - 1:00 p.m.

Program: 1:00 p.m. - 4:00 p.m.

Redding Conference

Date: Thursday, January 28, 2010

Location: Hilton Garden Inn Redding , 5050 Bechelli Lane

Registration: 12:30 p.m. - 1:00 p.m.

Program: 1:00 p.m. - 4:00 p.m.

Sacramento Conference

Date: Friday, February 12, 2010

Location: Sacramento Hilton Arden West, 2200 Harvard Street

Registration: 8:30 a.m. - 9:00 a.m. with continental breakfast

Program: 9:00 a.m. - 12:00 noon

There is no charge for the programs and MCLE and AICP CM credits are available.

An RSVP will be required as space is limited. To reserve a spot, call our office at (916) 456-9595. When calling, please specify which conference you will be attending.

 

 

View the entire entry: http://blog.aklandlaw.com/2010/01/articles/ak-news/reminder-save-the-date/index.html

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January 03, 2010

National Register of Historic Places Program: About Us

National Register of Historic Places Program: About Us

The National Register of Historic Places is the official list of the Nation's historic places worthy of preservation. Authorized by the National Historic Preservation Act of 1966, the National Park Service's National Register of Historic Places is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America's historic and archeological resources

http://www.nps.gov/history/nR/about.htm

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The Impact of Wind Power Projects on Residential Property Values in the United States: A Multi-Site Hedonic Analysis

The Impact of Wind Power Projects on Residential Property Values in the United States: A Multi-Site Hedonic Analysis: http://www.harriscompanyrec.com/Windreport.pdf

 

 

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