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August 24, 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 Williams' license was revoked.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?    
 
 
Covenant condition restriction is an agreement, usually included in the deed to a property
This tool acts as restricting the manner in which the property can be used. For example, a deed for a residential property may contain a covenant that the owner won’t permit “noxious uses” on the property, or any of a lengthy list of particular offenses such as stables, factories and so forth.

 


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Office Of Real Estate Appraisers Cracks Down On Unethical Behavior Of Real Estate Appraisers
The first case involved an accusation of performing appraisals in a series of transactions in which Mr. Thomas E. Williams, of Riverside, was alleg...
Read more >


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Real Estate Terms

 


Today's Terms

Appraisal

Definition:
A qualified individual who uses his or her experience and knowledge to prepare the appraisal estimate.

Mortgage insurance

Definition:
A policy that protects lenders against some or most of the losses that can occur when a borrower defaults on a mortgage loan; mortgage insurance is required primarily for borrowers with a down payment of less than 20% of the home's purchase price.

Good faith estimate

Definition:
An estimate of all closing fees including pre-paid and escrow items as well as lender charges; must be given to the borrower within three days after submission of a loan application.

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If you live in the following cities and need an real estate attorney you should contact our Real Estate Attorney as soon as possible:

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  • Ankeny
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  • Clinton
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  • Des Moines
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  • Mason City
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  • Newton
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