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July 20, 2010
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Office Of Real Estate Appraisers Cracks Down On Unethical Behavior Of Real Estate Appraisers

SACRAMENTO--The California Office of Real Estate Appraisers (OREA) today announced the resolution of two real estate appraiser cases concerning fraudulent appraisal activities and significant violations of the national Uniform Standards of Professional Appraisal Practice (USPAP). These cases involved hundreds of thousands of dollars.

The first case involved an accusation of performing appraisals in a series of transactions in which Mr. Thomas E. Williams, of Riverside, was alleged to have significantly overvalued four residential properties located in Riverside County using comparable sales he falsely reported. These fraudulent transactions involved properties that sold at reasonable market values through normal marketing processes. The sales prices were then greatly inflated to more than twice the actual sales price during the escrow process, allowing the buyers the means to skim loan proceeds far above the current market values of the properties. This is a variation of a "flip" transaction that occurs when a party pays the "going price" for a property and then immediately sells or transfers the property to another party at a greatly exaggerated price. Typically, the property is appraised at the exaggerated price, a large loan is made based on that appraisal, and the seller walks away with the funds.

Mr. Williams' license was revoked. He also was required to pay a $10,000 fine and over $6,000 in enforcement costs. This case was referred to the District Attorney and federal law enforcement agencies for possible criminal prosecution.

The other case involved numerous serious violations of USPAP. Troy Olson, of North Hollywood, was found to have prepared appraisal reports that contained ethical, competency, and technical USPAP violations. Mr. Olson deliberately submitted appraisal reports that grossly overvalued properties. The reports included photographs of superior properties in an attempt to conceal the overvaluations and support higher values of the subject properties. OREA adopted the decision of an Administrative Law Judge to revoke Mr. Olson's real estate appraiser's license.


These are two examples of a growing number of cases involving real estate schemes, such as those recently reported in New Jersey and Florida, as well as in California.

OREA continues to work closely with law enforcement agencies throughout the state to aggressively pursue unethical appraisers. According to OREA's Acting Director Jerry R. Jolly, "Cases like this continue to underscore the importance of appraiser licensing and regulation, which resulted from the Savings and Loan crises of the 1980's. As real estate values continue to soar, so does the potential for profit in real estate schemes. Clearly, we see that financial institutions remain at risk today, which is one of the reasons why OREA takes cases such as these very seriously. Anyone with questions or concerns about an appraiser's activities is encouraged to contact OREA and, if appropriate, file a complaint."
 

 

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Did You Know?    
 
 
Proposed Construction is properties approved for mortgage insurance prior to the beginning of construction
This means that the DE Statement of Appraised Value or Early Start letter has been issued by the DE Underwriter for the property prior to pouring of the footing. For high ratio loans, provide either the appraisal or Early Start letter AND at least three inspections (initial, framing and final) by a HUD fee approved panel inspector or approved local jurisdiction.

 


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Real Estate Terms

 


Today's Terms

Bankruptcy

Definition:
A federal law Whereby a person's assets are turned over to a trustee and used to pay off outstanding debts; this usually occurs when someone owes more than they have the ability to repay.

Escrow account

Definition:
A separate account into which the lender puts a portion of each monthly mortgage payment; an escrow account provides the funds needed for such expenses as property taxes, homeowners insurance, mortgage insurance, etc.

Interest rate

Definition:
The amount of interest charged on a monthly loan payment; usually expressed as a percentage.

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