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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)

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, )

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

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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,
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Apple Valley
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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.  
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)

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.

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

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

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.  
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

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

Gain on phony sale to second developer

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

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

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

Our determination (trier of fact) of value of the subject property, as of October 1, 1995 is as
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
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 .) 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 ( which
explains and documents the response of the NCAB. (The full post can be found
at .) Also included is a
printout of a website page from (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

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

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

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
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
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:

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

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.

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.

14.  Gesoff v. IIC Industries Inc. et al., in the Delaware Chancery Court decided May 18,
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

Commercial real estate Appraiser (Charles D. Bailey,
MAI) disciplined; taxpayers paid millions
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
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)

Mr. Ness, MAI was apparently so embarrassed by his own lack of knowledge that he has
removed his request from the 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  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

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

Wayne McKerley
(Professional Commercial Appraisal Forum?)

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

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
Countrywide Appraisal Services
P.O. Box 1118
Monticello, NY 12701
547 Broadway
(845) 794-2834x300
Fax: (914) 794-2846
Accepts (real estate appraisal) Fee Assignments (more info)

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
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
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:
Appraisal Fraud Serious (Commercial Appraiser, sic); Calls for Industry to Team up with Law
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

Kacha v. Allstate Ins. Co. (06/26/06 - No.
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,

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.

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 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.

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.

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.

Regulations, Related Acts  § 323.4  Minimum appraisal standards.
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

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

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,
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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.

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Apple Valley
Big Bear Lake
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Grand Terrace

Joshua Tree
Lake Arrowhead
Loma Linda
Lucerne Valley
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Running Springs
San Bernardino
Twentynine Palms
Yucca Valley