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IT’S THE LAW-Designation Discrimination is Illegal [FIRREA, Sec. 564.6]:  Professional Association Membership: Membership in
an appraisal organization:  A State Certified General Appraiser may not be excluded from consideration for an assignment for a
federally related transaction by virtue of membership or lack of membership in any particular appraisal organization
(Including the
Appraisal Institute  (AKA
mai)

History of Montclair



The history of Montclair is as rich as that of any other West Valley city. The earliest inhabitants of the land that is now Montclair were the
Serrano Indians. The Serrano Indians built their village on the banks of a sycamore tree-lined creek which followed what is now Mills Avenue.
In 1774, Captain Juan Baustista D’Anza, on his historic trip to the San Gabriel Mission, named that stream “Arroyo de los Alisos,” the Stream
of the Sycamores. Legend has it that D’Anza carved the initials, “IHS” on a large sycamore, which may have been uprooted when the stream,
now known as San Antonio Creek, overflowed its banks in 1894.

Until the 1890’s Montclair was little more than grazing land and a watering hole, but in 1897, Mrs. Edward Fraser was instrumental in founding
“The Township of Marquette,” the area's first modern name. This signaled the beginning of land development which would slowly turn this
area into a viable community.

In the early 1900’s Emil Firth, a Los Angeles land developer, was credited with naming a 1,000-acre land tract in this area “Monte Vista.” All of
the tracts were laid out in 10- 20- and 40-acre lots with special terms as enticements to plant orchards and build homes. The first settlers
moved in shortly after the tract opened in 1907. The first “modern” settlement within the tract was called Narod. Among the buildings which
made up the settlement was a large orange-packing house and the Little White Church of Narod.  

Like most Southland areas, the Monte Vista Land Tract boomed after World War II. Fearing that it would be annexed by a neighboring city,
and the right to control their destiny lost forever, long-time residents formed the Monte Vista Improvement Association. This Association
proposed city incorporation of the Monte Vista Land Tract and the residents were asked to vote on the incorporation proposal in the April,
1956 election.

Results of the April election were not in until the early hours of the morning; incorporation was approved by a vote of 682 to 455, and the
people of the new city had chosen their first City Council. James West received 482 votes; Paul Frame, 421; Miller Buchanan, 404; Glen Wolf,
386; and Dana Panky, 355. These were the first five men elected to run the affairs of the infant city. Upon its official incorporation on April 25,
1956, the City of Monte Vista had a total population of 8,008 spread over 4.2 square miles. Monte Vista’s first official City Council meeting
was held on May 8, 1956, in a former butcher shop at 5326 San Bernardino Avenue. A table and chairs were furnished by Mayor West from
his home; folding chairs and a U.S. flag for the meeting were furnished by Stone’s Mortuary.

Monte Vista’s municipal government made many advances during the first year of its existence; a master street lighting plan was drawn up,
zoning ordinances were passed, provisions were made for the City’s streets to be swept, engineering data was gathered, and a City
recreation program began. Mr. Ben Smith was appointed Chief of Police and shortly afterward a staff of four patrolmen and one woman
dispatcher were hired. At the end of its first year of existence the City of Monte Vista had ten full-time employees.

The first Fire Department was formed by the County Supervisors years earlier in 1948, and in 1949 a $50,000 bond issue was approved to
construct a station and to buy equipment. In 1950 the station was completed and housed two fire trucks. Three full-time men were employed
and 13 men were paid by the call. Since that time, Montclair has its own Fire Department hosted at two fire stations.


On April 8, 1958, the voters of the City of Monte Vista went to the polls to decide upon a name change for their city because there was
another city in California also named Monte Vista. Although the other city was located in the northern part of California, there was some
confusion in mail services. The new name chosen by the residents of Monte Vista was Montclair. The vote was 1,399 for the new name to 212
against any change.

As early as 1953 the residents of Montclair had the forethought to negotiate a lease-purchase of land on the southeast corner of Benito and
Fremont for a Civic Center. At that time the property was covered with orange trees and the revenue from them helped pay for the lease. On
April 25, 1964, the Civic Center was dedicated on this property and it housed the City administrative offices and Police Department.

During its early years, Montclair struggled to locate a greater tax base to finance the services it provided its residents. In 1964, land
developers approached the City with an answer to their tax problems, a large shopping center.

Three years later the first building permits were issued, and on August 3, 1968, 15,000 persons attended a Preview Ball for the new complex
which contained 875,000 square feet, three major department stores, 64 smaller shops, and space for 5,000 cars. During its first year of
operation the shopping complex produced an additional 20% tax revenue for the City, and today, Montclair Plaza is one of the most
successful shopping centers in Southern California.

The opening of the Montclair Plaza in 1968, bringing economic stability to the City, was but an indication of things to come. Located at the
westernmost edge of San Bernardino County, Montclair is the region’s premier shopping destination nestled at the Los Angeles, Orange
County, and Inland Empire crossing.  

Montclair is located in very close proximity to private universities/colleges, including the prestigious Claremont Colleges, State universities,
and several community colleges.

Montclair is a full-service City with its own Police and Fire Departments and has a young and diverse population that represents the ethnic
and cultural diversity that is characteristic of Southern California.

Sources: Guide to Montclair Living, Monte Vista Incorporated in 1956, Highlights in the History of Montclair, and Guideposts to History

What, in the world, are they Doing wRONG? Appraisal Institute suffers another loss! "AI commercial database bites the dust." Appraisal
Institute (AI) will be closing down the AI Commercial Database on November 1, 2005.

(Real Estate Appraiser Los Angeles, Commercial Appraisal Services, millionaire services, Real Estate Appraiser, Real Estate Appraiser Los
Angeles, find appraiser, find real estate appraiser,   Real Estate Appraiser Orange Riverside Ventura San Bernardino Counties, )

THE CALM BEFORE THE STORM!
Appraisal Institute's (
mai) Top Dog (John Ross, CEO) Jumps Ship
Ross: "After nine years with the organization,
I feel that the timing is good for me to explore other opportunities."  

Ross: "
I’d like to see the organization (the appraisal institute) strengthen its ties with the academic community. The profession
needs to focus now on developing more theoretically based tools and on things like
behavioral finance and economics – which is ultimately
what dictates the operation of markets. I’ve often stated that the mark of any profession is in the development of new theory, and in my
estimation
there have been few, if any, advances in this regard in the appraisal profession for the last 25 years or more. I’d like to
see the Appraisal Institute more involved in some way in such thought creation."

Are predetermined Appraisal ADJUSTMENTS Legal/Ethical?  Please see attached Predetermined adjustments provided by
Curtis - Rosenthal,
Inc. (MAI Appraiser Los Angeles) LLC. an MAI Firm.  You be the judge and get back with us or call them for
this years update.  If your property was acquired by the Los Angeles World Airport (LAWA) you had better read this!

"Posted by Appraisal Police on July 10, 2006 at 00:33:42:
In Reply to: Predetermined Adjustments posted by Cochise on July 09, 2006 at 19:26:17:
Fannie Mae Single Family Selling Guide
Part XI: Property and Appraisal Guidelines
XI, Chapter 4: Reviewing the Appraisal Report (11/08/04)
XI, 406: Sales Comparison Approach to Value (01/31/06)
XI, 406.03: Adjustments to Comparable Sales (06/30/02)
Each comparable sale that is used in the sales comparison approach to value must be analyzed for differences and similarities between it
and the property that is being appraised. The appraiser must base his or her analysis and any adjustments to the comparable sales on the
market data for the particular neighborhood and for competing locat1ons—not on predetermined or assumed dollar adjustments. If an
appraiser's adjustments to comparable sales (or the reconciliation of the comparable sales) are based on unsupported assumptions or
personal opinion that cannot be supported by market data, poor quality appraisals that could have a
discriminatory effect may result."

<Los Angeles and Southern California,  Real Estate Appraiser Los Angeles, Forensic Appraiser Los Angeles, Forensic Appraisal, Commercial appraisal,
Curtis-Rosenthal Inc.  real estate appraiser & consultant, Expert Witness, Real Estate consultant, LA, L.A., Southern California, commercial appraiser, appraiser los
angeles, real estate appraiser,  condemnation appraiser,  la commercial appraiser, ca commercial appraiser, Real Estate Appraiser, Real Estate Appraiser Los
Angeles, Commercial Appraisal Services,>

Services: Eminent Domain appraiser appraisal, The Harris Company REA/C
(commercial appraiser los angeles, inverse condemnation appraiser,  expert witness real estate, real property, commercial appraiser, commercial real estate, Los
Angeles, Estate , Probate, Trust, Tax, MAI Appraiser, LA, L.A., real estate  land los angeles, commercial real estate inspectors, real estate brokers, los angeles, real
estate appraiser,  Los Angeles,  llp, mark to marker, Land Appraiser, Special Purpose Property Appraiser, Office Property, Commercial appraisal, Restaurant,
Apartment, VANDEMA, Southern California Commercial Real Estate, Residential Appraiser, Apartment Appraiser,California Appraiser,PMI Removal, Certified
General, Tax , Multi Family , Bank appraisal institute,Apraiser, comp check, value check)
San Bernardino Cities:
Adelanto
Apple Valley
Barstow
Big Bear Lake
Chino
Chino Hills
Colton
Crestline
Fontana
Grand Terrace
Hesperia
Highland
Joshua Tree
Lake Arrowhead
Loma Linda
Lucerne Valley
Montclair
Needles
Ontario
Rancho Cucamonga
Redlands
Rialto
Running Springs
San Bernardino
Twentynine Palms
Upland
Victorville
Wrightwood
Yermo
Yucaipa
Yucca Valley

Dateline:
INTERNATIONAL RIGHT OF WAY ASSOCIATION (IRWA)
Chapter 1 –Los Angeles County
2006 Annual Fall Seminar

Tuesday, October 24, 2006
Quiet Cannon, Montebello, CA

The Los Angeles World Airport's (LAWA) Director of Economic Development admits that the Manchester Square “Voluntary Purchase” Program is a part of LAWA’s
Master Plan.   This statement was supported by one staff member who presented maps indicating that this area has been set aside for parking.  

This Freudian slip of the tough could have major legal consequences since under the agencies “voluntary purchase program” homeowners were not paid Fair
Market Value which is “the highest price” required by State Law in condemnation cases.   

For years Vivian Howell, an IRWA and LAWA mucky muck, has stated that we are not going to pay them “the highest price” because this is a voluntary program.  

This in addition to using unethical appraisal practices like using unqualified appraisal trainees, consultants colluding on values, standardized comparable
adjustments, and in some cases- appraising of property based upon it's existing use, rather than it's “highest and best use.”   It is estimated that these combined,
secret practices, have cost property owners millions.

The Director also stated that he foresaw a number of inverse condemnation cases being filed against the agency, by current residents, because the LAWA project
has left their neighborhood in a shambles.

If you are a homeowner, property, or seller of property to LAWA in this area we strongly suggest that you contact a qualified Real Estate Condemnation Attorney, or
Relocation Expert, and demand a full hearing into these issues.  
Cochise
Commercial Appraiser


Posted by Cochise
Commercial Appraiser
It appears that discrimination is something that the Appraisal Institute knows a lot about.  In fact they use to be called T
he American Institute
of Real Estate Appraisers
until they were sued, for discrimination, by the Federal Government.  They then changed their name to the
Appraisal Institute, same pig, different shade of lipstick.
 (The MAI Appraiser Standard,  Larry A Mc Coy, MAI)  Application Local
governments are not immune from proscriptions of Title VIII, and may be sued. United States v Black Jack ... provides for actions against
states and political subdivisions as well as actions against private transactions and practices; comprehensive purpose of Fair Housing Act)...
would be diluted if it were to apply only to actions of private individuals and entities. ... applies to appraisers of real estate. United States v
American Institute of Real Estate Appraisers etc. (1977, ND Ill) 442 F Supp 1072, 24 FR Serv 2d 880, app dismd (CA7 Ill) 590 F2d 242, 48
ALR Fed 657. 42 USCS ? 3604(a, b, d)’

How many errors can you find in this appraisal prepared by Jeffrey T. Nagasaki, MAI of Lea Associates.  They also perform similar low quality
work for the Los Angeles Unified School District and the County of Los Angeles. (Condemnation Appraiser, Inverse Condemnation Appraiser)

HOW TO CONDUCT A MAI (MADE AS INSTRUCTED?) APPRAISAL
Quote from David Rosenthal, MAI
Here are some tips from seasoned practitioner, David Rosenthal, MAI (Managing Director of Curtis-Rosenthal, LLC) that can help make your
next appraisal experience easy and productive.

"4.  
Supply all of your market data, up front. Nothing says that your appraiser has to independently find all of the relevant market
information. Data is data, so make the job easier and share any market data that you have already
developed. The appraiser will decide
which data to use and how to best use it. Give your appraiser a running start with the benefit of your advance research."

The  Great Texas Bank Job
"The FIRREA Cover Up - FDIC / RTC   The South West Scam
The  Whitewaters  &  Castle Grandes  of   Texas  and   ALL  Across  America
The S&L Gold Rush - The Lack Of Public Accounting

If the bank’s board of directors were the ones doing the looting, however, they readily hired a pliant appraiser to cook up whatever appraisal
value they wanted.  Behind every fraudulent loan was a fraudulent appraisal.  It is nearly impossible for appraisers to render independent
appraisals if the people hiring them do not want one.  When I was in public accounting, auditors joked that MAI stood for “Made As
Instructed.”  The commercial appraisals were largely worthless because they were not independently rendered.  It is so obvious that it should
be beneath mention, but that situation still exists.  

Even if the bank could not find a bona fide buyer, it was supposed to write down the property to fair market value on the books, taking the
loss on its financial statements.  The S&L industry, however, was in dire straits.  Reporting a commercial loss on the deal would not look
good, and might get bank regulators, auditors and others asking questions.  Here is what the bank did to hide its loss.  Another developer
showed up, with similar delusions of grandeur and an equally pitiful pipedream, except his was twice as large.  He wanted a $6 million
construction loan.  The bank hired an appraiser to concoct the appraisal for the original empty strip mall that valued it at $5 million, even
higher than the original pie-in-the-sky price tag that the original developer dreamed up.  
The MAI commercial appraiser would appraise
it for whatever number the bank wanted.
 The bank would tell the second developer that it would loan him the $6 million if he would buy
the empty strip mall for $5 million.  The bank would loan the developer the money to make the down payment on the empty strip mall, and the
first two years of loan payments.  The developer never got his hands on that money, but the bank held it in escrow, taking the money out of
the commercial account to make the down payment and loan payments.

When the bank made the $6 million commercial construction loan to the second developer, and played internal accounting games to concoct
the “sale” of the first strip mall, instead of recording the $1 million loss, it recorded a $2 million gain, had a new performing loan on the first
strip mall, and the loan was guaranteed to have loan payments made on it for two years.  Here is a chart to show how the commercial bank
hid the loss.

Original loan
$3,000,000

Second MAI  and sale price to second developer  $5,000,000

Gain on phony sale to second developer
$2,000,000

So, with some fancy games and pliant appraisers, the commercial bank recorded a $2 million gain on its deal making.  The reality, however,
was that $9 million had gone out the door, the bank was paying 15% interest to depositors, and no money was coming in, not even interest
payments. "

KEEP UP THE GOOD WORK (MAI-Made as Instructed Appraisers? Commercial Appraisers?)
1. The Defendants Improperly Used Bargain Sale Transactions to Conceal the True Financial Condition of Defendant Church Extension  30.
From at least 1996 to at least April 2002, the Defendants and others engaged in a scheme to conceal Defendant Church Extension's
mounting financial difficulties in order to, among other things, entice investors to invest and/or reinvest. Specifically, the Defendants and
others improperly used bargain sale transactions to generate false paper income by recognizing the difference between the price paid by
Defendant Church Extension and/or United Management and falsely inflated appraisal values as non-cash contributions. Some of appraisers
used in connection with the bargain sale transactions were
Members of the Appraisal Institute, i.e., MAI appraisals. The appraisals used by
the Defendants and others were false for several reasons, including, but not limited to: a) the use of overstated net-operating income figures,
which formed the basis of some appraisals; b) the failure to account for the limited real-estate market of some of the properties, due to
federal regulations and private covenants; and c) the failure to account for potential environmental hazards on some of the real-estate
properties. Significantly, because inflated appraisal values were used, the price paid by Defendants Church Extension and/or United
Management was a much closer reflection of the actual value of the properties than the inflated appraisal values. Thus, as a result of using
falsely inflated appraisal values, the Defendants and others artificially increased the amount of non-cash contributions that Defendants
Church Extension and/or United Management recognized as income.

2. Plaintiff notified Defendant on May 25, 2004 that it was exercising its option to purchase the
property. Being in agreement that Plaintiff had the right to purchase the property, the parties agreed
to determine the purchase price by each engaging an appraiser who was a member of the
Appraisal
Institute (MAI), with the purchase price to be the average of the two appraisals. Plaintiff engaged
an appraiser from Atlanta, Georgia, while Defendant retained an appraiser from Nashville,
Tennessee. The two appraisals were significantly different. The appraised value determined by
Plaintiff’s appraiser was $1,470,000. The value as determined by Defendant’s appraiser was
$2,375,000.

3. Therefore, on the basis of our review of the record, we conclude that the court properly determined that the plaintiff had met its burden of
showing that the city's assessor (jOHN lEARY,
mai) had overvalued the subject property and that such a finding was legally and logically
correct and supported by the evidence before the court.

4. The town’s appraiser, Christopher K. Kerin (Kerin)
MAI, determined that the fair market value
of the subject property on the October 1, 1995 grand list was as follows:
Land $4,825,000
Site improvements 1,000,000
Main building 9,175,000
__________
$15,000,000

Our determination (trier of fact) of value of the subject property, as of October 1, 1995 is as
follows:
Land $4,825,000
Site improvements 1,000,000
Building 5,239,819
___________
Total $11,064,819

5. "As a residential review appraiser with 14 years experience, I see appraiser fraud weekly," says a northeastern appraiser who says he is
working with the FBI.  At the same time I was turning in these 17 fraud reports, I was warned by a prominent Appraisal Institute member not to
submit those of a certain ethnic race appraiser because he was well politically entrenched and it could backfire on me," notes the source.
"Also, at the same time, I confided in a local Member of the
Appraisal Institute (MAI) about the appraisal fraud both in my local area and
inside his local AI residential membership.
This MAI later told me to be careful because I could die by the same sword I was wielding (a
professional death, not physical death)."

6.  False Appraisals
I'm looking at an
MAI (commercial appraiser) appraisal right now from one of the most respected appraisers in our area that I know has been
influenced in several ways (the appraisal has been influenced, not him). The representations from the owner of the property concerning
zoning, development, potential purchase offers and comparable sales have boosted the value.

7.  Inclosed is a bound hardcopy of the complaint I previously filed with the
North Carolina Appraisal Board against
John K. Weaver, MAI, (a.k.a. "Jack"
Weaver, commercial appraiser) who is the Deputy Director and Chief Investigator of the North
Carolina Appraisal Board (NCAB). (This complaint text is also available
online at www.boardwatch.org/htmfiles/complainttext1.htm .) Copies of Mr.
Weaver's complete research files are also inclosed in "bound report format,"
as are copies of four appraisal reports on the subject property in question
at the NCAB hearing in question.
The NCAB sat on the complaint for many months and then participated in a scam
to "sweep the complaint under the rug." Following in this letter is text
extracted from a post I made 11/16/2001 to an online discussion group for
real estate appraisers across the country (www.AppraisersForum.com) which
explains and documents the response of the NCAB. (The full post can be found
at http://appraisersforum.com/bbs/index.cgi?read=20707 .) Also included is a
printout of a website page from www.BoardWatch.org (via the "FAQ" hyperlink
from the homepage) which provides a very brief overview of the whole
situation. As the NCAB shirked its responsibilities in the matter, I am now
asking the Appraisal Institute to investigate the behavior of this Institute
member.

(Commercial Real Estate Appraiser, Los Angeles,  Commercial Appraisal Services, and Commercial Appraiser)

8. The behavior of this
Member of the Appraisal Institute (MAI) is unacceptable if not outrageous. I've heard no one suggest otherwise. I
dislike putting it this bluntly, but here it is in a nutshell: For the sake of preserving or regaining integrity in North Carolina appraising, it has
become necessary to put the Appraisal Institute to the test. The questions are these:
Is the Appraisal Institute part of the problem in North Carolina?
Is the AI an enabler?

9.   If memory serves me correctly, it was members of the
Appraisal Institute (the self proclaimed leader of appraisal association, designated
with the "prestigious" MAI that were co-conspirators of the S&L crisis.
Industry organizations are concerned with one thing: their own survival. With appraisal organizations competing for members, they are more
focused on their own self preservation than on the betterment of the industry as a whole.

Originally posted by RStrahan@Jan 28 2005, 03:28 PM
The various trade associations are impotent. The members of the Appraisal Foundation only count as one vote, so they are regularly
outnumbered by the members of the very industry that promotes appraisal fraud.
I believe that a merging of organizations is a necessity. However, I explicitely exclud the AI. The AI has regularly supported AVMs and stood
against the interests of the general practice appraiser, so it is not longer a viable force for change in the industry. In fact, they have often
sided with the lending industry against the rest of the appraisal organizations.

Again, Roger hits it on the nose. An organzation that is purported to be in existance for the appraiser. Today, likely 99% of all residential
appraisals are communicated to the lender and/or clients via email or the internet. We most commonly transmit these in .pdf format since
Adobe Acrobat Reader is readily available to all at no cost. Several lenders want appraisals delivered in what is called AI (Appraisal Institute)
ready format. This data format completely rearranges the data structure of the report. The data is thought to be disseminated into their AVM
database. No one but the insiders can prove this, however this format also does something else which is very disturbing. The appraiser's
digital signature is removed from the report itself and transmitted as a separate .jpg file. This comprimises the security of the report allowing
the possibility of data to be changed. It is a violation of USPAP for an appraiser to knowingly comprimise the security of their digital
signatures/reports.

Who would have thought? To comply with the Appraisal Institute brand of appraisal delivery, one has to violate USPAP.

10.  Is this accepting an appraisal with a predetermined value?
Hello Curtis,
A member of Appraisal Data Connection is searching for market data.
Diane Gilbert, MAI, (Appraisal Institute, commercial real estate appraiser) is appraising a proposed 60,000 square foot upscale
residential mansion near Orlando, Florida (yes, that's 60,000 square
feet!)  
The property is located along the popular Butler Chain of Lakes and will
have numerous atypical amenities including an indoor and outdoor pool, a
bowling alley, indoor skating rink, a huge ballroom and colonnade, media
rooms, 2-story library, 10 bedroom suites, and staff quarters.
Diane is looking for sales of similar huge top quality residential
properties anywhere in the U.S.

Sales in excess of $15 million are preferred, (MAI COMMERCIAL APPRAISAL) and sales along waterfront
or some type of resort location would be a plus.

Her best contact method is by email.  If you can help or know someone who
can, please email Diane directly at:
Bayvalue@tampabay.rr.com

11. DATE: 08/01/2006 11:56:00 AM
The malleability of (real estate) appraisals has been a fact of life since for as long as I can remember, and that is probably longer than most
readers have been alive. Down around the bankruptcy court, they used to say that "MAI" stands for "Made as Instructed."
Posted by: Buce | August 1, 2006 09:01 PM
http://www.prospect.org/deanbaker/2006/07/housing_appraisals_the_account.html

12. April 12, 2006
Working With (Business Valuation) Expert Witnesses
In real estate, the Appraisal Institute awards a designation, MAI, Member, Appraisal Institute. For a variety of reasons, MAI came to have the
derogatory meaning, "made as instructed." Being an "mai" appraiser, whether in real estate, business appraisal, or any other field of
expertise is a prescription for a short-term career. http://merceronvalue.com/archives/2006/04/working_with_bu.html

13.  David, from the St. Louis Chapter of the Appraisal Institute, just told me last week that at a recent seminar, an instructor from Guess Who
told the group attending the seminar in Typical Delphi Scam and Cognitive Dissonance fashion, that appraisers would go out of business if
they refused to perform AVMs for the banking cartel and the GSEs. Sending the Appraisal Institute $950 Bucks in MAI, SRPA, SRA
professional dues for 2005 is going to be a really tough decision. If I can find a real job that pays, they won't get my money anymore. Besides
being a State Certified General Realty Appraiser is just as good as having Made As Instructed behind my name -- because that's what the
public perceives me to be anyway now -- a member of the world's oldest profession.
http://www.financialsense.com/editorials/reality/2004/4R1217.html

14.  Gesoff v. IIC Industries Inc. et al., in the Delaware Chancery Court decided May 18,
2006
The parent then offered its appraisals, but the Court saw them as flawed and smacking of
made-as-instructed justification after the fact. In particular, its appraiser did adjust downwards a
management projection without any justification, failed to take into account appreciated realty,
and used a small company premium without regard to the fact that subsidiaries were, in effect,
large businesses in their respective emerging markets

15. SAN FRANCISCO BAY RESTORATION PLAN
Commercial real estate Appraiser (Charles D. Bailey,
MAI) disciplined; taxpayers paid millions
MANY ERRORS ALLEGED IN PURCHASE OF CARGILL PONDS FOR $100 MILLION IN 2003
By Paul Rogers
Mercury News
Susanna Frohman / Mercury News archives
In 2002, then-Gov. Gray Davis and Sen. Dianne Feinstein, above, announce a $100 million deal for the Cargill salt ponds. Complaint against
appraiser Charles Bailey (
MAI) (PDF) The settlement agreement (PDF)

The appraiser (Charles D. Bailey,
MAI) whose report helped set the $100 million price taxpayers paid in the 2003 Cargill salt ponds deal has
been disciplined on allegations that he made numerous errors and violated federal standards when he set a value for the property.

The state attorney general's office brought a misconduct complaint against Charles Bailey (MAI) of Mill Valley this summer, alleging 24
significant errors in his appraisal of Cargill lands for the federal government in December 2000.

Bailey, who denied any wrongdoing, agreed Sept. 27 to a censure of his license, known as a ``public reproval.'' He also will pay $4,000 to
cover the costs of the state investigation. Although he will keep his license and can continue working, any disciplinary action on an
appraiser's record is very harmful to his career, said Deputy Attorney General Char Sachson.

News of the settlement heightened concerns that taxpayers may have overpaid by millions of dollars when government agencies bought
16,500 acres of Cargill salt evaporation ponds from Hayward to Alviso to Redwood City in March 2003. It also brought calls Tuesday from
political leaders for less secrecy in public land deals.

16.  IS THIS
MAI APPRAISER INCOMPETENCY?
Anyone know any sources of gross sales per store data for specific chains? I am appraising three proposed facilities that are being leased
with a level base minimum rent but actual rent is the greater of that minimum rent or 10% of gross sales. I believe if I use the minimum I could
be undervaluing, but am not comfortable using the projections provided without at least seeing something to compare them to. They are
slightly above the minimum rent threshhold.
Paul S. Ness, MAI (commercial appraiser)
www.nessassociates.net

Mr. Ness, MAI was apparently so embarrassed by his own lack of knowledge that he has removed his request from the
AppraisalForum.com website.   The sometimes humorous responses are still there however.

We also received this email from site owner (Wayne McKerley) who suggest that we inappropriately used his copyrighted material.

Paul Ness posted this on AppraisersForum.com.  You copied it without my permission or without Paul's permission to your web site.  You also
imply that Paul is incompetent by adding the heading "IS THIS MAI APPRAISER INCOMPETENCY?". Paul is aware of this also and brought it
to my attention.

I ask that you remove this from your website and refrain from using our copyrighted material.

Wayne McKerley
AppraisersForum.com
(Professional Commercial Appraisal Forum?)

17.  
Appraisal Talk Message Board
Re: MIA Appraiser San Diego, CA
[ Follow Ups ] [ Post Followup ] [ Appraisal Talk ] [ FAQ ]
--------------------------------------------------------------------------------
Posted by mitchell's mother on October 12, 2006 at 15:53:53:
In Reply to: MIA Appraiser San Diego, CA posted by mitchell on October 12, 2006 at 14:44:37:
I need a state licensed or certified appraiser. I am more interested in experience and education than any phony designations,
that try to cover up their lack of experience and education.

18.  Times Herald-Record
October 17, 2006
Albany — A real estate
appraisal that the City of Middletown relied on to sell off a property two years ago was so riddled with faults that
questions later arose over whether Robert Buckles " (Appraisal Institute, Associate Member) prepared an appraisal with a predetermined
value," a state investigator testified yesterday. In the same hearing, an expert appraiser testified that the appraisal of the 14-acre property on
Ruth Court used outdated property sales for comparisons.
Robert G. Buckles, Associate MAI
President
Countrywide Appraisal Services
P.O. Box 1118
Monticello, NY 12701
547 Broadway
(845) 794-2834x300
Fax: (914) 794-2846
Bob@countywideappraisal.com
Accepts (real estate appraisal) Fee Assignments (more info)

19. LETTER FROM THE (UTAH Appraisal
Institute-MAI) PRESIDENT, 2006
I am proud to be a member of this professional organization.  I
had been ignorant to the extreme member benefits until I began serving
on the Board in 1999.   I want to inform you of the advantages regarding Appraisal Institute membership.  A few of the programs and
promotions by National which benefit members include.
4.  Lobbying Efforts
National has a full time staff of three attorneys in Washington, DC working on our behalf to keep up with federal legislation and other
initiatives that impact our profession and to act as a liaison to the local chapters in keeping up with state issues.  We also have our own local
lobbyist who works with Utah appraisers.  
Lobbying is one of those behind the scenes activities that many of us may not give much
thought to however, the efforts of these people affect us individually and our profession in ways that many of us are unaware.

20. Mr. Levy describes in his succinct essay the stranglehold that the banking cartel has on the realty valuation industry. Th
e Appraisal
Institute has an affiliate appraisal management company called REAS (Real Estate Appraisal Services) which operates http://www.
aidirectconnection.com. REAS is owned by Charter One Financial Corporation, the 25th largest bank holding company in the USA, home
based in Ohio. Royal Bank of Scotland is in merger and acquisition negotiations with Charter One to become the 7th largest bank holding
company in the USA, after the Bank One and JPChase Manhattan merger as the second largest banking conglomerate. This conflict of
interest doesn't get any more blatant than these facts. ( AI Direct Connection®      AI Direct Connection
AI Direct Connection provides the real estate marketplace with an efficient and cost-effective means to acquire quality appraisal services.
Appraisers can sign up, free of charge, to be included on the fee panel, specifying their services or specialties.
AI Direct Connection then
sells those services directly to the client. FIND OUT MORE HERE)

21. Excuse me—you're standing on my bonus … reflections on credit culture
RMA Journal, The,  May, 2005  by David H. Wesley
Banks have been widely lauded for their performance through the most recent downturn. Pressure for revenue growth has invariably led to
deal creep--pricing concessions, then deal structure concessions (covenant, guarantees, advance rates, etc.), and then the rationalization
that otherwise marginal credits are acceptable. It takes both courage and conviction to remain disciplined and diligent to not trade off your
credit risk principles. Looking back at performance during the last downturn, some things were done particularly well, while others could have
been done better.
Following are a few of the excuses that we all have heard (or have used) in the credit approval process, along with their subliminal
translations.
We have an MAI appraisal that supports the request.
Translation: The appraisal is a
made-as-instructed real estate valuation.

22. Posted by
Appraiser Central on October 18, 2006 at 20:00:21:
In Reply to: ai posted by Cochise on October 18, 2006 at 18:29:29:
The Appraisal Institute has had "conflict of issue", issues for many years now. Especially with Charter One Bank and also Washington Mutual
(WAMU). The Appraisal Institute doesn't seem to care. This being "in bed" with Charter One and Washington Mutual was a big part of
our
boycott of the Appraisal Institute
a few years ago when the AI decided to create their own AVM (AIRD) with Charter One Bank and WAMU
as their biggest backers.
Also, the AI can't even advertise without lying. They have been running radio ads here in Massachusetts, where they tout the lie that
"Appraisal Institute Members are better qualified and have more education" than non-Appraisal Institute members. I can't wait till the first
homeowner here gets an AI member with only 2 years experience; and the job is way over their head.
The sooner we as an industry get rid of Appraisal Management companies, and designation "tea clubs", the better off we will be.

Posted by Appraisal Police on July 06, 2006 at 22:12:55:
FBI:
Appraisal Fraud Serious (Commercial Appraiser, sic); Calls for Industry to Team up with Law Enforcement
July 2006
In a June 14 speech, a Federal Bureau of Investigation specialist said that appraisal fraud has become the most serious form of mortgage
fraud. In a presentation to an American Bankers Association conference in Orlando, Ronda Helig, supervisory special agent for the FBI, said
that appraisal fraud accounts for 80 percent of all the mortgage fraud that is reported and that the average loss per occurrence of appraisal
fraud exceeds $60,000. Based on these figures, Helig called for a cooperative response between industry and law enforcement.

Orange County Cities, City of Aliso Viejo, City of Anaheim, City of Brea, City of Buena Park, City of Costa Mesa, City of Cypress, City of Dana
Point, City of Fountain Valley, City of Fullerton, City of Garden Grove, City of Huntington Beach, City of Irvine, City of La Habra, City of La
Palma, City of Laguna Beach, City of Laguna Hills, City of Laguna Niguel, City of Laguna Woods, City of Lake Forest, City of Los Alamitos,
City of Mission Viejo, City of Newport Beach, City of Orange, City of Placentia, City of Rancho Santa Margarita, City of San Clemente, City of
San Juan Capistrano, City of Santa Ana, City of Seal Beach, City of Stanton, City of Tustin, City of Villa Park, City of Westminster, City of
Yorba Linda

Successfully using
forensic appraisals (appraiser) in the tax courts requires that the property owner understand the special issues involved
with these types of appraisals, as they differ significantly from typical real estate appraisals.  The differences cover the gamut of legal issues
from communication between the client and the appraiser through the legal admissibility of appraisal methodology.

Kacha v. Allstate Ins. Co. (06/26/06 - No.
D046961)
A judgment confirming an insurance commercial appraisal award involving property damaged by a wildfire is reversed pursuant to an
insured's claims that: 1) the award exceeded the appraisers' jurisdiction, and the trial court erred by finding he waived the jurisdictional rule;
and 2) the court erred by finding he was precluded from challenging the appraisal award because he took possession of, but did not
negotiate, checks the insurer provided him to cover the award.


Please call for Orange County, Ventura County, Riverside County, San Bernardino, County Coverage Areas,   Real Estate Appraiser Orange
Riverside Ventura San Bernardino Counties,

Foreword
This is the fifth edition of the
Uniform Appraisal Standards for Federal Land Acquisitions. The Standards were originally published in 1971
with the most recent revision published in 1992. The existing Standards have earned a prestigious position. They are frequently cited by
Congress in legislation relating to the valuation of federal land acquisitions and have guided the appraisal process in these matters since
their original issuance by the Interagency Land Acquisition Conference. & The Interagency Land Acquisition Conference, established on
November 27, 1968, by invitation of the Attorney General, is a voluntary organization composed of representatives from the many federal
agencies engaged in the acquisition of real estate for public uses. The Conference adopted and continues to adhere to several goals with
respect to land acquisition, including the promulgation of uniform appraisal standards and guidelines for appraisal reports. The broad
experience of the member representatives of the Interagency Land Acquisition Conference assures that the federal appraisal standards
developed for land acquisitions are uniform, fair, and efficient. The Interagency Land Acquisition Conference is chaired by the Assistant
Attorney General for the Environment and Natural Resources Division, Department of Justice. Its activities are conducted by ad hoc
committees composed of member representatives.

The Interagency Land Acquisition Conference Executive is Virginia P. Butler, Chief of the Land Acquisition Section of the Environment and
Natural Resources Division, Department of Justice. James D. Eaton, MAI, of the Appraisal Unit, Department of Justice, authored this 2000
revision of the Uniform Appraisal Standards for Federal Land Acquisitions. He was assisted in this effort by Appraisal Unit Chief Brian Holly,
MAI; trial attorney Marc Gordon; and Ms. Butler. These Standards were submitted to the Appraisal Institute for editorial review and the
Department of Justice grate-fully
acknowledges the editorial assistance of the Appraisal Institute in their preparation. While the vast majority of federal land acquisition is
achieved through voluntary means, sometimes litigation is necessary. With this in mind, Mr. Eaton has done an admirable job of updating the
case law, expand-ing the treatment of novel or difficult valuation questions, and recognizing the vast changes that have recently
characterized the real estate appraisal profession.


2006
Appraisal Information Needs Survey Results
During August 2006, the NATIONAL ASSOCIATION OF REALTORS®’ (NAR) Marketing Research Department invited 86,777 appraiser
members and recipients of the Appraisal Section of the weekly NAR ListServe message to participate in an online survey. Findings reflected
in this report were collected from responses received between August 10th and 25th, 2006.
The goal of the survey was to understand how Appraiser members conduct their business, obtain appraisal industry information, and make
decisions on their appraisal education and designations.

Forensic appraising adds in the positive
Process involves combining all the variables affecting a property to create a predicted value
Dayton Business Journal - May 15, 1998 by John Niehaus News Staff Reporter
Print this Article Email this Article Reprints RSS Feeds Most Viewed Most Emailed
Joel Henson's business, Dixie Drywall Co., is located on about one-and-a-half acres of land off
Valley Street. About one acre of the property is grass.
Instead of continually paying a landscaping company $75 to cut the grass, he decided to try to sell
that piece of his property. After determining an asking price, he called Ron Kuczak, a local real
estate appraiser.
"He came out and gave me my options,"
Henson said. "He more or less determined
what the land would be worth if I kept it and
put up some warehouses."

USPAP 2006:
The Loss Of A Few Terms Will Be Less Confusing, I Think December 28th, 2005 by John Cicero
In January 2006 the new edition of USPAP will be available and distributed, though its changes will not become effective until June. The
Appraisal Standards Board


REVISIONS TO USPAP AND ADVISORY OPINIONS
The
revisions in the 2006 Edition of USP Appraisal Practice are the result of two major Appraisal Standards Board (ASB) initiatives: (1)
examination of the proper role of the scope of work and departure concepts in the appraisal process; and (2) specific review of STANDARDS
9 and 10. The ASB formally adopted the 2006 USPAP on October 28, 2005 based on testimony presented at public meetings, responses to
three Concept Papers, six Exposure Drafts, and extensive deliberation by the ASB over a two-year period. (
USPAP 2006 Q & A) The effective
date of the 2006 USPAP is July 1, 2006 commercial.

UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE 2006

FHA training comes to the Pacific Northwest:
June 12, 2006 - Salem, OR.
FHA Program Update, Appraisal Reform, & Home Equity Conversion Mortgage Training. Approved for 6 hrs
Continuing Education Credit. Registration required, no fee.

REAL ESTATE APPRAISAL
Nature of Appraisal Work (U.S. Department of Labor
Bureau of Labor Statistics)
Commercial appraisers and assessors of real estate estimate the value of real property for a variety of purposes, such as to assess property
tax, to determine a sales price, or to determine the amount of a mortgage that might be granted on a property. They may be called on to
determine the value of any type of real estate, ranging from farmland to a major shopping center, although they often specialize in appraising
or assessing only a certain type of real estate such as residential buildings or commercial properties. Assessors determine the value of all
properties in a locality for property tax purposes whereas appraisers appraise properties one at a time for a variety of purposes, such as to
determine what a good sale price would be for a home or to settle an estate or aid in a divorce settlement.

FannieMae's
Property (Commercial Appraiser, SIC) and Appraisal Guidelines—details their general requirements for analyzing the property
residential appraisal, rather than commercial, aspects of conventional mortgages secured by one- to four-family properties. It also discusses
special considerations for certain types of housing-units in condominium, PUD, and cooperative projects; manufactured (and other factory-
built) homes; Community Living group homes; mixed-use properties; properties affected by environmental hazards; urban properties;
affordable housing program properties; properties located in special assessment or community facilities districts; properties subject to
leasehold interests (including those held by community land trusts); and energy-efficient properties—that merit special consideration in the
property and appraisal review. Because the evaluation of a property is such a vital part of the risk analysis, they expect a lender to place as
much emphasis on underwriting the property and reviewing the appraisal as it does on underwriting the borrower's commercial
creditworthiness.

FDIC Law,
Regulations, Related Acts  § 323.4  Minimum appraisal standards.
For
federally related transactions, all appraisals shall, at a minimum:

Is property owner liable when horse and rider fall on driveway?

For information on registering your business capabilities to assist in the
Hurricane Katrina disaster relief efforts pleas

FOUNDATION
NEWS -
-The Appraisal Foundation is a non-profit educational organization founded to foster professionalism in appraising through the establishment
and promotion of (commercial) appraisal standards and (commercial) appraiser qualifications.-

Editor’s note: On March 16, 2001, Daniel Muller of Morgan Miller Blair presented,  
“What Every Real Estate Attorney Should Know About
Inverse Condemnation,” to the real property section of the CCCBA.  This article discusses developments in the areas of inverse
condemnation and eminent domain (direct condemnation) in the six months since the presentation.  For an outline of the presentation call
(925) 937-3600.  nverse Condemnation  Plaintiffs suffered setbacks in three inverse condemnation cases decided in 2001.  However, a judge
in a federal district court case granted plaintiff’s motion for summary judgment, enjoining the agency from an impending condemnation for
failure to show a public use or purpose for the project.

Cityfeet.com is the premier online resource for finding
commercial real estate, specializing in office space, executive suites, retail, and
investment property. Learn more.

ENVIRONMENTAL , GOVERNMENT , PROPERTY  & REAL ESTATE, WATER
Turlock Irrigation Dist. v. Zanker, No F047094 (Cal. 5th App. Dist. June 26, 2006)
Judgment partially against a town in litigation concerning the scope of its right to receive treated water for domestic use and other needs of
the town is affirmed where the trial court (comercial appraiser sic) correctly found that the districts must continue to provide water to the town,
but the reasonable cost of treating the water to make it suitable for domestic use may be passed through to the consumer.

Commercial Appraiser, Commercial Appraiser Los Angeles, Commercial Real Estate Appraisal, Estate Appraiser,  Residential Appraiser,
Apartment Appraiser,  Appraisal, Special Purpose Property, Office Property, California Appraiser, PMI Removal Appraiser, Fee Appraisal.  
Certified General Appraiser, Estate Tax AppraiserAdelanto
Apple Valley
Barstow
Big Bear Lake
Chino
Chino Hills
Colton
Crestline
Fontana
Grand Terrace
Hesperia

Highland
Joshua Tree
Lake Arrowhead
Loma Linda
Lucerne Valley
Montclair
Needles
Ontario
Rancho Cucamonga
Redlands

Rialto
Running Springs
San Bernardino
Twentynine Palms
Upland
Victorville
Wrightwood
Yermo
Yucaipa
Yucca Valley  
Appraisal Services: Appraiser, Commercial Appraisal,  Real Estate Appraisal, Residential Appraiser, Eminent Domain Appraiser, Apartment
Appraiser, Special Purpose Property, Office Property, California Appraiser, PMI Removal Appraiser, Free Appraisal.  Certified General
Appraiser, Tax Appraiser

CIVIL PROCEDURE, DEBT COLLECTION, ETHICS & PROFESSIONAL RESPONSIBILITY,   & REAL ESTATE, REMEDIES
Rusheen v. Cohen, No. S123203 (Cal. February 23, 2006)
Where a cause of action is based on a communicative act, the litigation privilege of Civil Code section 47 extends to those noncommunicative
actions which are necessarily related to that communicative act.

Curtis - Rosenthal, Inc.

Forensic Appraiser San Bernardino, Forensic Appraisal,
SERVICES SPANISH TRANSLATION:
el valuador comercial, la evaluación
comercial, el valuador Los Angeles,
valuador de bienes raíces, experto
comercial presencia bienes raíces, los
bienes raíces

Real Estate Appraiser Orange Riverside
Ventura San Bernardino Counties,

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Adelanto
Apple Valley
Barstow
Big Bear Lake
Chino
Chino Hills
Colton
Crestline
Fontana
Grand Terrace
Hesperia

Highland
Joshua Tree
Lake Arrowhead
Loma Linda
Lucerne Valley
Montclair
Needles
Ontario
Rancho Cucamonga
Redlands

Rialto
Running Springs
San Bernardino
Twentynine Palms
Upland
Victorville
Wrightwood
Yermo
Yucaipa
Yucca Valley  

Real Estate Appraiser Orange Riverside
Ventura San Bernardino Counties,
Ventura
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Apple Valley
Barstow
Big Bear Lake
Chino
Chino Hills
Colton
Crestline
Fontana
Grand Terrace
Hesperia

Highland
Joshua Tree
Lake Arrowhead
Loma Linda
Lucerne Valley
Montclair
Needles
Ontario
Rancho Cucamonga
Redlands

Rialto
Running Springs
San Bernardino
Twentynine Palms
Upland
Victorville
Wrightwood
Yermo
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