Commercial Appraiser San Bernardino County, Southern California, Real Estate Appraiser Los Angeles, Commercial Appraisal, Real Estate Appraiser Orange Riverside Ventura San Bernardino Counties, 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, MontclairNeedles, Ontario, Rancho Cucamonga, Redlands, Rialto, Running Springs,San Bernardino, Twentynine Palms, Upland, Victorville, Wrightwood, Yermo, Yucaipa,Yucca Valley, Commercial Appraisal, Appraisal ServicesReal Estate Consultasnt, Millionaire Services, Real Estate Appraiser Orange Riverside
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."
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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 The 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)
"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. The 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.
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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.
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.
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.
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