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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 Williams' license was revoked.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?    
 
 
A Rehabilitation mortgage is a mortgage that covers the costs of repairing or improving
Rehabilitation mortgage is a mortgage that covers the costs of rehabilitating (repairing or Improving) a property; some rehabilitation mortgages - like the FHA's 203(k) - allow a borrower to roll the costs of rehabilitation and home purchase into one mortgage loan.

 


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Real Estate Terms

 


Today's Terms

Lease

Definition:
A lease is an agreement between a landlord, property owner or property manager and a tenant. The agreement covers issues such as rental amount and length of time the lease is in effect. The rental amount may include or exclude property taxes, garbage pickup fees, utility costs, property maintenance and other expenses.

Closing costs

Definition:
Customary costs above and beyond the sale price of the property that must be paid to cover the transfer of ownership at closing; these costs generally vary by geographic location and are typically detailed to the borrower after submission of a loan application.

FHA

Definition:
Federal Housing Administration; established in 1934 to advance homeownership opportunities for all Americans; assists homebuyers by providing mortgage insurance to lenders to cover most losses that may occur when a borrower defaults; this encourages lenders to make loans to borrowers who might not qualify for conventional mortgages.

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