Board of Real Estate Appraisers
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2006
BATES, BETH M.
License Number: CR457
License Type: Certified Residential Appraiser
Complaint Number: 2005-REA-244
Disposition: Consent Agreement dated 3/7/06
Summary: Licensee indicated on her license renewal application that
she had met the continuing education requirement. However, upon audit
she was able to document only 26 of the 28 hours of continuing education
required for renewal. Licensee agreed to a $250 civil penalty.
BEESLEY, ROGER K.
License Number: CR1662
License Type: Certified Residential Appraiser
Complaint Number: 2005-REA-232
Disposition: Decision and Order dated 6/6/06
Summary. Licensee was supervisor of a Registered Appraiser Trainee who
appraised a 6-acre residential parcel with a house and trailer on the
grounds. The occupant of the trailer had a life estate. The house was
unfinished inside in many respects and in need of repair. Licensee did
not note the presence of the trailer or life estate, did not exercise
due diligence regarding reading the deed and interpreting the town tax
information, did not list the correct type of exterior siding, lack
of window trim, baseboards, kitchen cabinets, upstairs doors, closets,
walls and plywood flooring and neither did she inquire as to the property
boundaries. The trainee erroneously listed the property "as is"
demonstrating that the home was in average condition when such was clearly
not the case and misrepresented her findings regarding the condition
of the home.
Licensee signed the appraisal as the trainee's supervisor. He certified
that he inspected the property, which was blatantly untrue.
"Ms. Loughrey [the trainee] performed at least 62 appraisals for
Ameriquest Mortgage Company out of a total of approximately 200 during
2004. That company gave an estimated value to the MacKenzie property
of $200,000 and needed a minimum appraisal of $180,000 in order to approve
the owner's application for a re-mortgage of the property…
"…[A]pproximately 157 appraisals were performed by Acadia
[the company owned by licensee] for Ameriquest during 2004 which resulted
in $70,131 in income to his firm. Between July 2003 and April 10, 2006,
249 out of 1500 orders for appraisal services were received from Ameriquest.
"The Board finds that Roger Beesley may have had a vested interest
in meeting the minimum appraisal stated by Ameriquest and by approving
one or more misrepresentations on the appraisal in order to receive
funding for Mr. MacKenzie and thereby collect fees for Acadia and those
who process the mortgage loan which would result in more referrals.
The mortgage broker receives compensation by closing the loan which
will most likely occur if the appraisal arrives at the needed total.
The danger to the homeowner presents itself when the homeowner receives
a loan for more than the collateral in the property. The mortgage rate
may increase, the owner may have difficulty in obtaining refinancing,
and foreclosure may occur.
"Perhaps the most disturbing evidence in this matter came from
Allen MacKenzie, the homeowner. He testified, and the Board accepts
his testimony as true, that Roger Beesley phoned him after Beesley had
received the Board complaint. According to Mr. MacKenzie, the licensee
asked him if he would sign a paper documenting that cabinets, trim,
stairs, etc. had been installed even though such had not occurred. Beesley
said that he could be facing a large fine and possible loss of licensure
and possible jail time. Subsequently, a note written by Beesley was
left on MacKenzie's door. The note implored him to sign the letter stating
that repairs had been made and affirming the finding s that Ms. Loughrey
had documented in her appraisal. Mr. MacKenzie refused to sign the letter
as he did 'not want to commit perjury.'
"The Board requested that Roger Beesley produce a copy of the
letter which he did after considerable hesitation and being ordered
to do so by the presiding officer. The letter substantiated Mr. MacKenzie's
testimony."
The board revoked Mr. Beesley's license and ordered him to pay $4100
hearing costs.
[NOTE: SEE ALSO KATHLEEN LOUGHREY, 2005-REA-231.]
BUTTERMARK, WILLIAM C.
License Number: AP1983
License Type: Real Estate Appraiser
Complaint Number: 2006-REA-2537
Disposition: Consent Agreement dated 6/6/06
Summary: Licensee admitted that he failed to complete 28 hours of continuing
education within the specific licensing period of January 1, 2004 through
December 31, 2005. Licensee agreed to a warning and a $200 civil penalty.
Licensee also agreed that any continuing education courses taken after
December 31, 2005 used to satisfy his shortfall in continuing education
for the 2004-05 period shall not count as continuing education taken
within the 2006-07 biennium.
CARR, ELIZABETH J.
License Number: RA1849
License Type: Registered Appraiser Trainee
Complaint Number: 2005-REA-235
Disposition: Consent Agreement dated 4/14/06
Summary: Licensee admitted that an appraisal of a residential property
she prepared was deficient and incomplete for numerous reasons, including:
(a) the report failed to disclose and analyze the fact that the subject
property sold within the previous three years; (b) the report failed
to address and adjust for differences in location, market appeal, and
probable end users of the comparable sales used; (c) the appraisal failed
to disclose and analyze the fact that comparable sale #1 was purchased
and developed into a bed and breakfast; (d) the report failed to adjust
for the fact that comparable #4 was a listing instead of a sale; (e)
the report erroneously stated the gross living area of comparable #4;
and (f) the report erroneously stated the town in which comparable #6
is located and erroneously overstated the sales price of comparable
#6. Licensee agreed to a reprimand. Licensee agreed to permanently surrender
her license and agreed never to apply for relicensure with the board.
COLE, JANE F.
License Number: CR1490
License Type: Certified Residential Appraiser
Complaint Number: 2004-REA-192
Disposition: Decision and Order dated 1/3/06
Summary: Licensee Jane F. Cole was the supervising appraiser with respect
to a substandard appraisal of a residential condominium in York performed
by her daughter, trainee appraiser Kendra A. Cole. Licensee Jane F.
Cole is equally at fault because she did not correct the violations
and was the supervising appraiser at the time and also the more experienced
appraiser. See the summary below of complaint #2004-REA-193 against
Kendra A. Cole. The board ordered licensee Jane F. Cole to complete
a 30-hour course on appraisal report writing and/or the sales comparison
analysis. The board also ordered licensee to pay one-half of the $1380
hearing costs, or $690.
COLE, KENDRA A.
License Number: CR2036
License Type: Certified Residential Appraiser
Complaint Number: 2004-REA-193
Disposition: Decision and Order dated 1/3/06
Summary: Licensee, as a trainee appraiser, performed an appraisal of
a residential condominium in York. The unit's living space is on two
levels. The lower level is, for all intents and purposes, below ground
except for one window exposed to daylight. Licensee's appraisal did
not reveal that the first level was actually below ground level. The
appraisal report states that there are two levels with no basement ,
which would most likely lead a reader of the appraisal to believe that
both levels are above ground. Licensee erroneously maintained that no
deduction in value was necessary for the below-grade section of the
unit. Licensee failed to make necessary adjustments to the comparable
properties she relied on to help arrive at the fair market value of
the subject property. The board ordered licensee to complete a 30-hour
course on appraisal report writing and/or the sales comparison analysis.
The board also ordered licensee to pay one-half of the $1380 hearing
costs, or $690.
DAVIS, WAYNE M.
License Number: AP2140
License Type: Real Estate Appraiser
Complaint Number: 2006-REA-2538
Disposition: Consent Agreement dated 6/6/06
Summary: Licensee admitted that he failed to complete in a timely manner
28 hours of continuing education and seven hours of continuing education
on the Uniform Standards of Professional Appraisal Practice. Licensee
agreed to a censure and a $500 civil penalty. Licensee also agreed to
complete 14 hours of continuing education within 30 days satisfy his
shortfall for his 2006 renewal. Licensee agreed that these continuing
education credits and any other continuing education courses taken after
December 31, 2005 used to satisfy his deficit in continuing education
for the 2004-05 period shall not count as continuing education taken
within the 2006-07 biennium.
IRELAND, MATTHEW L.
License Number: RA2316
License Type: Registered Appraiser Trainee
Complaint Number: 2005-REA-262
Disposition: Consent Agreement dated 1/26/06
Summary: Licensee admitted that he failed to disclose a criminal conviction
on his license application. Licensee agreed to a $200 civil penalty.
LAPRELL, WARREN R.
License Number: AP1054
License Type: Real Estate Appraiser
Complaint Number: 2005-REA-229
Disposition: Consent Agreement dated 2/8/06
Summary: Licensee had previously appraised the subject property in 2001.
The appraisal report prepared by licensee following a subsequent appraisal
of the same property in 2004 did not clearly state that licensee did
not personally inspect the property when he appraised it the second
time. The 2004 appraisal failed to adequately note the role played by
an assistant to the licensee in completing the appraisal. In performing
the appraisal, licensee complied with the client's request to conservatively
value the subject property's large detached garage. Licensee admitted
that he failed to perform the subject assignment with impartiality,
objectivity, and independence and without accommodation of personal
interest. Licensee admitted that he failed to set forth the appraisal
in a manner that is not misleading and that contains sufficient information
to enable the intended user to understand the report properly. Licensee
agreed to a $1500 civil penalty. Licensee also agreed to successfully
complete the 15-hour National Uniform Standards of Professional Appraisal
Practice ("USPAP") course.
LOUGHREY, KATHLEEN W.
License Number: RA1902
License Type: Registered Appraiser Trainee
Complaint Number: 2005-REA-231
Disposition: Decision and Order dated 6/6/06
Summary: Licensee appraised a 6-acre residential parcel with a house
and trailer on the grounds. The occupant of the trailer had a life estate.
The house was unfinished inside in many respects and in need of repair.
Licensee did not note the presence of the trailer or life estate, did
not exercise due diligence regarding reading the deed and interpreting
the town tax information, did not list the correct type of exterior
siding, lack of window trim, baseboards, kitchen cabinets, upstairs
doors, closets, walls and plywood flooring and neither did she inquire
as to the property boundaries. Licensee erroneously listed the property
"as is" demonstrating that the home was in average condition
when such was clearly not the case and misrepresented her findings regarding
the condition of the home. The board suspended the license for 270 days.
The suspension will be vacated at such time as licensee successfully
completes a 30-hour basic appraisal course and a 15-hour USPAP course.
The board ordered licensee to have her work supervised by a different
supervisor. The board also placed licensee on probation for 270 days.
In the event that licensee does not complete these requirements during
the probationary period, licensee will be subject to further disciplinary
sanctions including but not limited to further suspension of licensure.
The board also fined licensee $1500.
[NOTE: SEE ALSO ROGER BEESLEY, 2005-REA-232.]
McCALL, STEPHEN P.
License Number: AP879
License Type: Real Estate Appraiser
Complaint Number: 2005-REA-247
Disposition: Consent Agreement dated 5/15/06
Summary: Licensee admitted that an appraisal he performed on a residential
property was deficient and incomplete for numerous reasons, including:
(a) the appraisal uses comparable sales from materially different locations
without acknowledging or analyzing the effects of these differing locations,
(b) the appraisal demonstrates a lack of due diligence by the appraiser
in collecting rental data for the comparable sales and comparable rental
properties, (c) the appraisal fails to adequately and properly analyze
the rental data that was collected on the comparable sales and rental
properties, and (d) the appraisal erroneously describes the siding of
the subject property as vinyl when it actually consists of asbestos
aggregate shakes. Licensee agreed to a reprimand and a $1500 civil penalty.
McCALL, STEPHEN A.
License Number: AP879
License Type: Real Estate Appraiser
Complaint Number: 2005-REA-228
Disposition: Decision and Order dated 2/7/06
Summary: The appraisal prepared by licensee erroneously described the
neighborhood boundaries and characteristics, failed to note that the
subject property faces high tension lines that are in the immediate
vicinity, failed to fully and accurately describe the comparable sales
that were used, and failed to properly adjust for the differences between
the comparable sales and the subject property. Licensee admitted that
he violated the Uniform Standards of Professional Appraisal Practice
("USPAP"). Licensee agreed to a $1500 civil penalty. Licensee
agreed to successfully complete the 15-hour USPAP course. Licensee also
agreed to a prohibition against acting as a supervising appraiser for
a trainee until January 1, 2008.
McCLUSKEY, PETER J.
License Number: RA1812
License Type: Registered Appraiser Trainee
Complaint Number: 2004-REA-221
Disposition: Consent Agreement dated 5/1/06
Summary: Licensee admitted that an appraisal report of a residential
property he performed was deficient and incomplete for numerous reasons,
including: (a) the report failed to reasonably identify neighborhood
sales; (b) the report failed to identify and adjust for pertinent characteristics
associated with the comparable sales used; (c) the report failed to
reasonably support the site value by an appropriate appraisal method
or technique; (d) the report failed to identify and analyze a previous
listing of the subject property that occurred within the previous three
years; (e) the report erroneously states that comparable sale #2 has
not sold within the previous three years; and (f) the appraisal contains
numerous errors (e.g., distances to comparables, descriptions of neighborhood)
that reflect licensee's lack of local competency to perform the subject
appraisal. Licensee agreed to a reprimand, a 90-day suspension and a
$500 civil penalty; however, the suspension shall be terminated upon
licensee's filing proof with the board of his successful completion
of the education described below, but which termination shall not occur
before licensee has served 30 days of the suspension. Licensee also
agreed to take the 15-hour USPAP course and a 30-hour basic appraisal
course and to achieve passing scores on the course examinations. Licensee
further agreed to a geographical restriction of practice, pursuant to
which licensee will, for a period of two years, be prohibited from performing
real estate appraisals of properties that are located more than 80 miles
from his residence in Canton, Maine.
MICKERIZ, ERIK R.
License Number: CR1932
License Type: Certified Residential Appraiser
Complaint Number: 2005-REA-250
Disposition: Consent Agreement dated 10/11/06
Summary: Licensee admitted that a residential appraisal report that he prepared is deficient and incomplete for numerous reasons, including the following: (a) the neighborhood description in the appraisal report is generic and misleading and fails to adequately describe and account for the unique island location, (b) the appraisal report contains an inadequate "highest and best use analysis" of the site, (c) the analysis for the site value estimate, a major component of the indicated value of the property, relies on a single sale and fails to consider other methods of valuing land (e.g., extraction, allocation, etc.), and therefore lacks credibility, (d) the appraisal report contains insufficient support for the significant adjustments it makes on the sales grid for location and site, and (e) the photographs of the properties used as comparable sales within the appraisal report were extracted from the Maine Real Estate Information System and therefore the appraisal report erroneously states, "The photographs submitted within this appraisal are original digital images."
Licensee agreed to a reprimand and a $3000 civil penalty. Licensee also agreed to complete the 15-hour National Uniform Standards of Professional Appraisal Practice course and two 30-hour courses on complex appraisals or similar subjects. Licensee further agreed to not act as a supervisor for more than three trainees for a period of two years.
MICKERIZ, MICHAEL G.
License Number: CR314
License Type: Certified Residential Appraiser
Complaint Number: 2004-REA-222, 2004-REA-236
Disposition: Consent Agreement dated 6/29/06
Summary: Licensee admitted that he signed as supervisory appraiser an
appraisal on a residential property in Houlton that was prepared by
a registered appraiser trainee. The appraisal report was deficient and
incomplete for numerous reasons, including: (a) the appraisal report
failed to reasonably identify neighborhood sales, (b) the appraisal
report failed to identify and adjust for pertinent characteristics associated
with the comparable sales used, (c) the appraisal report failed to reasonably
support the site value by an appropriate appraisal method or technique,
(d) the appraisal report failed to identify and analyze a previous listing
of the subject property that occurred within the previous three years,
(f) the appraisal report erroneously stated that comparable sale #2
had not sold within the previous three years, and (g) the appraisal
report contained numerous errors (e.g., distances to comparables, descriptions
of neighborhood) that reflect licensee's lack of local competency to
perform the subject appraisal.
Licensee admitted that he signed as supervisory appraiser another appraisal,
on a residential property in Kingfield, that was prepared by a different
appraiser trainee. The appraisal report was deficient and incomplete
for numerous reasons, including: (a) the appraisal report failed to
disclose and analyze the fact that the subject property sold within
the previous three years, (b) the appraisal report failed to address
and adjust for differences in location, market appeal, and probable
end users of the comparable sales used, (c) the appraisal report failed
to adjust for the fact that comparable #4 was a listing instead of a
sale, (d) the appraisal report erroneously stated the gross living area
of comparable #4, and (e) the appraisal report erroneously stated the
town in which comparable sale #6 is located and erroneously overstated
the sales price of comparable #6.
License agreed to a reprimand and to permanent revocation of the license.
Licensee also agreed to pay $2880.21 investigative costs.
MITCHELL, RICHARD A.
License Number: CR1477
License Type: Certified Residential Appraiser
Complaint Number: 2005-REA-238
Disposition: Consent Agreement dated 5/1/06
Summary: Licensee admitted that an appraisal report of a single family
structure that he prepared was deficient and incomplete for numerous
reasons, including: (a) the report fails to clearly and accurately state
the intended user and intended use of the report; (b) the report fails
to clearly identify and explain that the report is a limited appraisal
that departs from USPAP specific requirements; (c) the report fails
to address and adjust for the off-mountain location of comparable sale
#1; (d) the report fails to address and adjust for property rights,
ownership rights, or market appeal of comparable sale #2, which is an
attached duplex condominium; (e) the report fails to address and adjust
for the age difference between comparable sale #2, which is 18 years
old, and the subject property, which is only 2 years old; (f) the report
used as comparable sale #3 an inline condominium unit that, under the
circumstances, was an inappropriate comparable sale to the subject property.
Licensee agreed to a reprimand and a $3000 civil penalty, and agreed
to pay $487.50 investigation costs. Licensee also agreed to complete
the 15-hour USPAP course and achieve a passing score on the course examination.
MITCHELL, SHANNON G.
License Number: RA1789
License Type: Registered Appraiser Trainee
Complaint Number: 2003-REA-185
Disposition: Decision and Order dated 1/3/06
Summary: Licensee appraised a piece of residential shorefront property.
Licensee's appraisal report omitted the past sales history of the property.
Licensee failed to read the legal description of the property and was
unaware of the owner's right of way to the lake. Licensee failed to
either use the shorefront access comparables or clearly identify the
subject as a shorefront right of way property. He neglected to discover
the comparable chalet down the road, demonstrated a lack of support
for his land value, did not discuss shoreland zoning issues, and did
not discuss the highest and best use of the property. The board revoked
the license, fined licensee $1500,and ordered licensee to pay $632.50
hearing costs.
MONSON, ANGELA M.
License Number: AP2113
License Type: Real Estate Appraiser
Complaint Number: 2005-REA-257
Disposition: Consent Agreement dated 4/24/06
Summary: Licensee admitted that an appraisal of a residential property
prepared by a trainee supervised by the licensee was deficient and incomplete
for numerous reasons, including: (a) the appraisal states that the subject
property has a full unfinished basement when, in fact, it has only a
crawl space; and (b) the appraisal inappropriately uses as comparable
sales only properties located in oceanfront communities when the subject
property is located on a small inland lake. Licensee agreed to a 180-day
suspension and a $6000 civil penalty. Licensee also agreed to complete
the 15-hour USPAP course and a 30-hour basic appraisal course and achieve
passing scores on the course examinations.
MONSON, SHAWN T.
License Number: RA1684
License Type: Registered Appraiser Trainee
Complaint Number: 2005-REA-256
Disposition: Consent Agreement dated 4/24/06
Summary: Licensee admitted that an appraisal of a residential property
he prepared was deficient and incomplete for numerous reasons, including:
(a) the appraisal states that the subject property has a full unfinished
basement when, in fact, it has only a crawl space; and (b) the appraisal
inappropriately uses as comparable sales only properties located in
oceanfront communities when the subject property is located on a small
inland lake. Licensee agreed to a 180-day suspension and a $6000 civil
penalty. Licensee also agreed to complete the 15-hour USPAP course and
a 30-hour basic appraisal course and achieve passing scores on the course
examinations.
MULREADY, ROBERT J.
License Number: CG1487
License Type: Certified General Appraiser
Complaint Number: 2006-REA-2536
Disposition: Consent Agreement dated 5/17/06
Summary: Licensee admitted that he failed to complete in a timely manner
the continuing education required by board rules for renewal of his
license. Licensee agreed to a warning and a $200 civil penalty.
NELSON, BETTY A.
License Number: RA1976
License Type: Registered Appraiser Trainee
Complaint Number: 2004-REA-202
Disposition: Decision and Order dated 1/3/06
Summary: License failed to disclose two criminal convictions on her
license application. The board rejected licensee's arguments that her
conviction for obstructing government administration was "not a
crime," and that her assault conviction was not a conviction because
conviction meant "jail-time." The board issued licensee a
reprimand, fined licensee $500 for each violation, for a total of $1000,
and ordered licensee to pay $242.50 hearing costs. The board also suspended
the license for 180 days, or until such time as the above fines and
costs are paid, whichever occurs first, and directed that the license
not be renewed until fines and costs are paid.
NOYES, ANDREW L.
License Number: AP423
License Type: Real Estate Appraiser
Complaint Number: 2005-REA-245
Disposition: Consent Agreement dated 2/16/06
Summary: An individual contracted with licensee to perform an appraisal
on the subject property. Approximately a week later, a second individual
contacted licensee to perform an appraisal on the subject property.
These two individuals were siblings and licensee treated them as a separate
client without first making efforts to ascertain whether their interests
were adverse or informing the original client of the second request.
The interests of the two individuals were, in fact, adverse. After performing
the subject appraisal, licensee sent the appraisal only to the brother
of the original client and without first obtaining the permission of
the original client. Licensee admitted that he violated the confidentiality
provision of the Uniform Standards of Professional Appraisal Practice
("USPAP") by failing to properly identify the client by name
in the appraisal report. Licensee agreed to a $500 civil penalty. Licensee
also agreed to successfully complete the 15-hour USPAP course.
NOYES, ANDREW L.
License Number: AP423
License Type: Real Estate Appraiser
Complaint Number: 2006-REA-2734
Disposition: Consent Agreement dated 12/5/06
Summary: Licensee performed an appraisal of a residential property for use in the appeal of a tax assessment. Licensee admitted that he: (a) performed the appraisal with an effective date of January 4, 2006, instead of the tax year valuation date of April 1, 2005, (b) adjusted the property’s acreage that was under “Tree Growth” at a market value of $1,000.00 per acre instead of using the mandated tree growth values, (c) accepted and performed this assignment without properly identifying the problem to be addressed and without having the knowledge and experience to complete the assignment competently, and (d) failed to exercise reasonable diligence in developing this appraisal and preparing the appraisal report. Licensee agreed to a reprimand, a 30-day license suspension, and a license restriction prohibiting licensee from supervising any trainees for a period of two years. Licensee also agreed to successfully complete the 30-hour basic appraisal course “Principles” and the 30-hour basic appraisal course “Practices.”
PIERCE, CHARLES D.
License Number: CG1680
License Type: Certified General Appraiser
Complaint Number: 2006-REA-2539
Disposition: Consent Agreement dated 6/21/06
Summary: Licensee admitted that he failed to complete in a timely manner
the seven continuing education hours on the Uniform Standards of Professional
Appraisal Practice required by the board's rules. Licensee agreed to
a warning and a $200 civil penalty. Licensee also agreed that any continuing
education courses taken after December 31, 2005 used to satisfy his
shortfall for the 2004-05 period shall not count as continuing education
taken within the 2006-07 biennium.
RABETSKY, RHONDA P.
License Number: AP1690
License Type: Real Estate Appraiser
Complaint Number: 2003-REA-187
Disposition: Consent Agreement dated 1/3/06
Summary: Licensee admitted that she failed to provide direct supervision
of a trainee appraiser. Licensee agreed to a reprimand. Licensee agreed
to surrender her license, and also agreed not to re-apply for licensure
for a period of 10 years from the date of execution of the consent agreement.
RUFFUS, JONATHAN G.
License Number: AP2212
License Type: Real Property Appraiser
Complaint Number: 2006-REA-2760
Disposition: Consent Agreement dated 11/2/06
Summary: Licensee operates All Avenues Appraisals in Hampton, NH and
is licensed in Maine as a real property appraiser. Licensee is supervisor
of an individual who holds a New Hampshire apprentice license, but who
held no license from the Maine Board of Real Estate Appraisers during
the time period relevant to this complaint. Licensee admitted that he
allowed this unlicensed individual to perform 43 appraisals in Maine
under his supervision. For the performance of these appraisals, the
unlicensed individual and licensee received combined compensation totaling
$14,570. Licensee agreed to a reprimand and a $14,570 civil penalty.
SHAW, JAIMIE
License Number: AP2380
License Type: Real Estate Appraiser
Complaint Number: 2006-REA-2550
Disposition: Decision and Order dated 12/5/06
Summary: Licensee substantially overvalued the subject property, a planned community of approximately 1200 homes that may be the largest subdivision in the state. Licensee's report never noted that the subject property is part of the subdivision. Licensee misstated the low price, high price, and predominant price of homes similar to the subject property, even though accurate data was readily available on line. Licensee drew her comparables from outside this community, even though numerous comparables from within the community were readily available and made inappropriate use of those comparables in order to achieve an appraised value of at least the amount estimated by the owners. In addition, licensee's appraisal report did not disclose that the mortgage officer who requested the report was a co-owner of the subject property. This mortgage officer was a primary source of appraisal referrals to the licensee. Licensee added the mortgage officer's name as co-owner/borrower by hand on the copy of the appraisal that she subsequently supplied to the board.
The board also reviewed seven other appraisals that licensee performed as a trainee. In all of these, licensee appraised the subject properties at the value estimated by the home owner or targeted by the referring mortgage officer. These appraisals revealed a pattern of incompetence and unprofessional conduct discussed in detail in the board's decision.
The board revoked the licensee, reprimanded licensee, fined licensee $4000 and ordered licensee to pay $3588.62 hearing costs.
Licensee has appealed the board's decision to Superior Court.
TORNQUIST, SALLY
License Number: AP2073
License Type: Real Estate Appraiser
Complaint Number: 2005-REA-234
Disposition: Consent Agreement dated 2/18/06
Summary: Licensee admitted that she prepared an appraisal of residential
property that used inappropriate properties as comparable sales; made
numerous significant errors in its description of the comparable sales,
lacked sufficient support for the cost approach; failed to adequately
reconcile the quality and quantity of data available within the cost
and sales comparison approaches; and failed to reconcile the applicability
and suitability of the approaches used to arrive at the value conclusion.
Licensee agreed to a 180-day suspension, all of which suspension shall
itself be suspended provided that licensee: (1) pays a $1500 civil penalty
within 30 days of the date of final execution of the consent agreement;
and (2) successfully completes the 15-hour National Uniform Standards
of Appraisal Practice ("USPAP") course and a 30-hour basic
appraisal course (either "Principles" or "Procedures")
within 180 days of the date of final execution of the consent agreement.
Top of Page
2005
ADLER, AARON M.
License Number: CR1397
License Type: Certified Residential Appraiser
Complaint Number: REA-195
Disposition: Decision and Order dated 5/16/05, amended 7/12/05
Summary: Licensee owns a Massachusetts-based real estate appraisal business
that has 8 employees and 50 independent contractors. At the time of
this complainant, licensee was supervising 14 real estate appraisal
trainees, 5 of whom were licensed in Maine. One of licensee's trainees,
Mark Popadic, performed an appraisal of a shorefront residential property
in Mt. Vernon. The board found the following violations:
- Licensee committed a major error in determining the square footage
of the subject property. In addition, he referenced, but failed to
provide, a floodplain map that incorrectly placed at least a portion
of the property outside the flood plain, which is a serious value
problem.
- Licensee made a number of careless errors by reporting the property
as attached instead of detached, by failing to provide information
on the previous sale or the improvement done on the property, by failing
to mention the lake frontage or the improvement done on the property,
and by failing to mention the lake frontage.
- Licensee failed to mention the existence of guest cottages in his
analysis of two comparable sales, obtained no sales data on shoreland
comparables, and did no analysis of the differences in value in properties
located on different water bodies.
- Licensee failed to provide a current deed description, or an accurate
flood plain map. The date of the sale was incorrect.
The board put licensee on probation for 1 year, subject to the following
conditions: (a) licensee shall not supervise any real estate appraiser
trainees who are appraising properties in Maine; (b) licensee shall
complete a 15-hour USPAP course, and pass a final examination; and (c)
licensee shall complete a 30-hour course in basic appraisal, and pass
a final examination. The board also fined licensee $500 for each of
the 4 violations described above, for a total fine of $2000, and ordered
licensee to pay $746 hearing costs.
[NOTE: See also Mark Popadic in this list.]
BERUBE, ROD R.
License Number: AP794
License Type: Real Estate Appraiser
Complaint Number: REA-172
Disposition: Decision and Order dated 1/4/05
Summary: Licensee violated numerous provisions of the governing statutes,
the board's rules, and the Uniform Standards of Professional Appraisal
Practice in connection with his appraisal of a multi-unit residential
property in Portland. Although the property had sold the month before
licensee's appraisal for $260,000, licensee appraised the property for
$385,000. (See the decision and order for details.) The board found
the violations to be intentional and egregious.
Licensee was previously disciplined by the board via consent agreement
in 2003. The sanctions in that proceeding included a 90 day suspension.
In this proceeding, the board suspended the license for 27 months, levied
a $9,000 civil penalty, and ordered licensee to pay $2,937.45 hearing
costs.
CHAPMAN, WILLIAM C.
License Number: AP1898
License Type: Real Estate Appraiser
Complaint Number: REA-199
Disposition Consent Agreement dated 1/27/05
Summary: Licensee admitted to violations of the board's rules and the
Uniform Standards of Professional Appraisal Practice arising out of
an appraisal of a property in Biddeford. The appraisal relied on comparable
properties in Saco, Scarborough and a different neighborhood in Biddeford
when comparable properties in the immediate neighborhood of the subject
property were available. Licensee agreed to a $1500 civil penalty and
agreed to pay $450 investigative costs. Licensee also agreed to complete
a 15-hour course in the Uniform Standards of Professional Appraisal
Practice.
FOOTMAN, SCOTT A.
License Number: CR400
License Type: Certified Residential Appraiser
Complaint Number: REA-209
Disposition: Consent Agreement dated 11/8/05
Summary: Licensee admitted to multiple violations in connection with
the appraisal of a property that he signed as the supervisory appraiser.
Licensee agreed to a $3000 civil penalty, and agreed to pay $600 investigative
costs. Licensee agreed to successfully complete a 30-hour basic course
in real estate appraising principles and/or practice and the national
USPAP 15-hour course, and agreed to not act as a supervisor for trainees
for a period of two years.
MORIN, LINDA B.
License Number: CR847
License Type: Certified Residential Appraiser
Complaint Number: REA-200
Disposition: Consent Agreement dated 2/2/05
Summary: Licensee admitted that she violated client confidentiality
when she sent the appraisal that the complainant lending institution
had ordered to another lending institution , apparently at the borrower's
request, without first seeking permission from the lender who had originally
ordered the appraisal. Licensee agreed to enroll in and successfully
complete the USPAP Standards course, and agreed to pay $187.50 investigation
costs.
MOTT, JENNIFER G.
License Number: AP1686
License Type: Real Estate Appraiser
Complaint Number: REA-208
Disposition: Consent Agreement dated 11/8/05
Summary: Licensee admitted to multiple violations in connection with
her appraisal of one property and her review of a second property. Licensee
agreed to a $2000 civil penalty. Licensee also agreed to successfully
complete a 30-hour basic course in real estate appraising principles
and/or practice and the national USPAP 15-hour course.
MYERS, BRIEN S.
License Number: AP2194
License Type: Real Estate Appraiser
Complaint Number: REA-243
Disposition: Consent Agreement dated 5/27/05
Summary: Licensee admitted that he failed to disclose a criminal conviction
on his license application. Licensee agreed to a $200 civil penalty.
PATTERSON, JEFFREY A.
License Number: AP2224
License Type: Real Estate Appraiser
Complaint Number: REA-116
Disposition: Consent Agreement dated 4/1/05
Summary: Licensee failed to comply with the terms of the Decision and
Order originally entered in this matter on May 16, 2002, and his certified
residential appraiser license expired on December 31, 2002 due to nonrenewal.
Licensee ultimately paid the $5193.70 civil penalties and costs imposed
by the board, but not within the time required by the Decision and Order.
Licensee ultimately complied with the educational components required
by the board, but not within the time required by the Decision and Order.
Licensee subsequently applied for relicensure as a certified residential
real property appraiser. In this consent agreement, the board agreed
to issue and licensee agreed to accept a real estate appraiser license
(i.e., not a certified residential appraiser license) subject to the
following conditions: (a) licensee agreed to successfully complete a
7-hour USPAP course, (b) licensee agreed not to supervise any trainee
real property appraiser for two years, and (c) licensee agreed to provide
the board with an additional 500 hours of documented real property appraising
experience prior to issuance of the license.
POPADIC, MARK S.
License Number: CR2066
License Type: Certified Residential Appraiser
Complaint Number: REA-196
Disposition: Consent Agreement dated 3/2/05
Summary: Licensee admitted that he failed to verify comparable sales
data to the standard of his peers and failed to correctly identify current
zoning, ownership, legal description, flood hazard, and right of way
private access. In particular, licensee's treatment of one of the comparable
properties relied upon in the appraisal was misleading. Licensee agreed
to a $500 civil penalty. Licensee also agreed to successfully complete
a 15 hour course in USPAP standards and a basic appraiser course of
at least 30 hours duration.
SPALDING, CANDICE D.
License Number: CR404
License Type: Certified Residential Appraiser
Complaint Number: REA-226
Disposition: Consent Agreement dated 10/25/05
Summary: Licensee admitted to multiple violations of the Uniform Standards
of Professional Appraisal Practice with respect to five separate appraisals.
Licensee agreed to a 1-year license suspension, all of which suspension
is suspended unless and until there is a violation of or failure to
comply with the requirements of this consent agreement. Licensee also
agreed: (a) to a $5000 civil penalty; (b) to complete all qualifying
education for the license of certified residential appraiser; and (c)
never to apply for licensure in Maine as a certified general real property
appraiser.
STAPLES, TERRI L.
License Number: RA1629
License Type: Registered Appraiser Trainee
Complaint Number: 2005-REA-188
Disposition: Consent Agreement dated 11/14/05
Summary: Licensee, a registered appraiser trainee, admitted that she
exceeded the scope of her license by performing an appraisal while not
under the direct supervision of a licensed real property appraiser.
Licensee agreed to surrender her license and to not reapply for licensure
with the board for a period of five years.
WALLS, DENNIS E.
License Number: RA2214
License Type: Registered Appraiser Trainee
Complaint Number: REA-249
Disposition: Consent Agreement dated 7/28/05
Summary: Licensee admitted that he failed to disclose criminal convictions
on his license application. Licensee agreed to a $200 civil penalty.
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2004
COOK, JENNIE M.
License Number: AP1691
Licensed Type: Real Estate Appraiser
Complaint Number: REA-181
Disposition: Consent Agreement dated 1/5/04
Summary: Stillwater-based licensee's selection and adjustment of comparable
sales data in the appraisal of a Scarborough residence were inappropriate
and reflected licensee's lack of local market knowledge. Licensee was
also careless or negligent in her measurement and/or calculation of
the gross living area of the subject property and the comparable sales.
Licensee agreed to enroll in and successfully complete a 30 hour basic
appraisal course. Licensee agreed to pay the board $470.48 investigative
costs. Licensee also agreed to a $1500 civil penalty, which penalty
is suspended in its entirety upon licensee's compliance with the balance
of the consent agreement.
HARRIS, DOROTHY M.
License Number: AP675
License Type: Real Estate Appraiser
Complaint Number: REA-183
Disposition: Decision and Order dated 7/23/04
Summary: Licensee committed multiple violations of the Uniform Standards
of Professional Appraisal Practice arising out of her appraisal of an
oceanfront residential property in Kittery. The violations chiefly concerned
licensee's choice of unsuitable comparable properties and her improper
adjustment of those comparable properties Also, there was no support
for the land value ascribed by licensee to the subject property and
no comments to support the reasoning behind this judgment. Licensee
presented no reasonable basis to support the development of the appraisal
value given for the property. The board issued licensee a reprimand
and put licensee on probation for one year. The conditions of probation
are that licensee pay $2093.80 hearing costs, pay a $6000 fine, and
pass two major qualifying courses in residential cost and sales approach.
If licensee passes the courses, the $6000 fine shall be forgiven.
HERRING, DONNA L.
License Number: AP223
License Type: Real Estate Appraiser
Complaint Number: REA-168
Disposition: Decision and Order dated 4/26/04
Summary: In appraising a home, licensee made poor choices of comparables
despite the fact that more appropriate comparables were located in the
area. Licensee arrived at the incorrect square footage of the subject
property, had little or no support for the subject property's site value,
did not make an adjustment for the unfinished basement, and averaged
the sales of her comparables to arrive at her appraisal of the subject
property…Licensee's choice of comparables and adjustments made
and omitted were misleading and there was no reasonable basis to support
the development of the appraisal value of the subject property.
Eighty percent of licensee's appraisal business was derived from the
mortgage broker company that had commissioned the appraisal involved
in this complaint. The facts indicated that licensee was "expected"
to arrive at a predetermined value or else she would probably lose the
great majority of this company's business. This appraisal was developed
to meet the value expectations of the brokerage company and to benefit
licensee substantially in retaining the brokerage company's business.
The board revoked the license for a period of two years. The board found
that licensee committed at least 9 violations of board statutes and
rules and issued licensee a civil penalty of $500 per violation, for
a total civil penalty of $4500. The board also ordered licensee to pay
$3931.96 hearing costs.
MOYNIHAN, TAMMY L.
License Number: RA1542
License Type: Real Estate Appraiser
Complaint Number: REA-190
Disposition: Consent Agreement dated 12/29/04
Summary: Licensee admitted to violations of the board's statutes and
rules and the Uniform Standards of Professional Appraisal Practice in
connection with the appraisal of a residential parcel. Licensee agreed
to surrender her license and pay $1051.24 investigative costs.
MURPHY, DANIEL J.
License Number: CR-218
License Type: Certified Residential Appraiser
Complaint Number: Docket Number CV-04-145, Kennebec County Superior
Court
Disposition: Consent Decree and Order dated 6/29/04
Summary: The Consent Decree and Order (a) permanently enjoins Murphy
from ever engaging in the practice of real estate appraising in Maine,
(b) permanently enjoins Murphy from ever applying for a real estate
appraisers license in Maine, (c) requires Murphy to pay a fine of $1500,
(d) requires Murphy to pay board costs of $637.50, and (e) requires
Murphy to pay a $10,000 fine if he violates any provision of the order.
PLUMMER, MARK A.
License Number: RA1887
License Type: Registered Appraiser Trainee
Complaint Number: REA-194
Disposition: Consent Agreement dated 1/27/04
Summary: Licensee admitted that he failed to disclose a criminal conviction
on his license application. Licensee agreed to a $200 civil penalty.
ROGERS, CATHERINE S.
License Number: CR1616
License Type: Certified Residential Appraisal
Complaint Number: REA-186
Disposition: Consent Agreement dated 11/5/04
Summary: Licensee admitted to three violations of the board's statutes
and rules and the Uniform Standards of Professional Appraisal Practice
in connection with the appraisal of a residential parcel on which she
was supervisory appraiser of a trainee appraiser. Licensee agreed to
a $1500 civil penalty ($500 per violation) and agreed to pay $1275 investigative
costs. Licensee also agreed to successfully complete a basic appraiser
course of at least 30 hours duration.
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2003
BEESLEY, ROGER Karl
License Number: CR1662
License Type: Certified Residential Appraiser
Complaint Number: REA-166
Disposition: Consent Agreement dated 10/7/03
Summary: Licensee admitted that he failed to provide an itemized list
of specific alterations in the satisfactory completion certificate and
failed to describe how, if at all, such alterations impacted the final
appraised value of the property. Licensee agreed to a reprimand and
a $1000 civil penalty. Licensee agreed to complete a 7 hour course in
USPAP (Uniform Standards of Professional Appraisal Practice) Standards.
Licensee also agreed to pay $672.50 for the board's actual investigative
costs.
BERUBE, ROD R.
License Number: AP794
License Type: Real Estate Appraiser
Complaint Number: REA-173
Disposition: Consent Agreement dated 11/4/03
Summary: Licensee admitted that his $150 check for his 2001-2003 license
renewal fee was returned from the bank due to insufficient funds, that
the Department of Professional and Financial Regulation mailed him 6
notices advising him that his check had not been honored, and that he
nonetheless failed to make payment. Licensee agreed to a reprimand,
a 90 day suspension and a $1500 civil penalty. Licensee agreed to pay
all future license fees via certified check or money order. Licensee
also agreed to pay $50 for the board's investigative costs.
BUCKLEY, IRMA T.
License Number: RA1551
License Type: Registered Appraiser Trainee
Complaint Number: REA-159
Disposition: Consent Agreement dated 7/10/03
Summary: Licensee admitted that she violated 2 provisions of the applicable
appraisal laws and rules relating to competency in developing and reporting
a real property appraisal performed on a high-end residential oceanfront
home. Licensee agreed to a warning for each violation. Licensee agreed
to a $450 civil penalty for each violation, for a total civil penalty
of $900. Licensee also agreed to take a basic appraisal course, including
passage of the course examination.
[NOTE: See the related consent agreement of Candace J. Morong dated
6/24/03]
CHANDLER, LIBBY M.
License Number: RA1729
License Type: Registered Appraiser Trainee
Complaint Number: REA-177
Disposition: Decision and Order dated 11/8/03
Summary: The board found that licensee violated various provisions of
the Uniform Standards of Professional Appraisal Practice and related
board statutes and board rules with respect to an appraisal licensee
conducted on a dwelling on Long Island. The primary reason for the violations
was that licensee's comparables were not comparable and appropriate
comparables were readily available and ascertainable at the time of
the appraisal through the Multiple Listing Services. The board revoked
the license, issued a $2500 civil penalty, and ordered licensee to pay
$1204.51 costs.
COHEN, PAMELA L.
License Number: RA1565
License Type: Registered Appraiser Trainee
Complaint Number: REA-162
Disposition: Consent Agreement dated 2/11/03
Summary: Licensee admitted that an appraisal she performed misrepresented
factual data in the description of the subject property and that the
assignment exceeded the scope of the licenses of both the appraiser
and the supervisor. Licensee admitted to 5 violations of the governing
law and rules and agreed to a civil penalty of $1250 ($250 per violation).
Licensee also agreed to enroll in and successfully complete a basic
appraiser course.
CROSSMAN, ROBERT L.
License Number: CR1718
License Type: Certified Residential Appraiser
Complaint Number: REA-167
Disposition: Consent Agreement dated 10/23/03
Summary: Licensee admitted that he violated various provisions of the
Uniform Standards of Professional Appraisal Practice and related board
statutes and board rules involving negligence, carelessness and misrepresentation
in connection with his role as supervisory appraiser with respect to
an appraisal conducted on a dwelling on Long Island. Licensee agreed
to 4 reprimands, permanent revocation of his license, and a $4000 civil
penalty. Licensee also agreed to pay $375 for the board's actual investigative
costs.
DAVIS, ROBERT A.
License Number: CG656
License Type: Certified General Appraiser
Complaint Number: REA-146
Disposition: Consent Agreement dated 9/3/03
Summary: Licensee admitted to multiple violations of the Uniform Standards
of Professional Appraisal Practice in connection with an appraisal of
a mixed-use property consisting of several buildings, the largest of
which have commercial garages on the first floor and apartments on the
upper level(s). Licensee agreed to 4 reprimands and agreed to voluntarily
and immediately surrender his license to the board. Licensee also agreed
to pay $787.50 for the board's actual expenses incurred for the investigation
of this matter.
HERRING, DONNA L.
License Number: AP223
License Type: Real Estate Appraiser
Complaint Number: REA-151
Disposition: Decision and Order dated 5/6/03
Summary: Licensee violated the governing law and the Uniform Standards
of Professional Appraisal Practice ("USPAP") in the course
of performing 44 appraisals for a particular client in a 1-month period.
"The most important mistake committed by the Respondent was her
poor choice in accepting the assignment in the first place both because
several of the properties were of a complex nature and therefore outside
the scope of her basic appraiser's license and also the number of properties
to be appraised in one month was grossly excessive." See the Decision
and Order for a detailed discussion of the violations found.
The board suspended licensee's real estate appraiser license for 90
days. The board put licensee on probation until December 31, 2004, during
which time licensee must attend the 15 hour USPAP course, the Basic
Appraisal course, the annual 2003 USPAP course and pass all related
exams. The 90 day suspension shall be lifted in the event that licensee
satisfies the above educational requirements before the 90 days expire.
The board ordered licensee to forward a list of all appraisals performed
after suspension is served to the board for random compliance review.
The board ordered licensee to pay $6436.60 hearing costs.
HIBBARD, JODY L.
License Number: RA1814
License Type: Registered Appraiser Trainee
Complaint Number: REA-180
Disposition: Consent Agreement dated 7/31/03
Summary: Licensee admitted that he failed to disclose criminal convictions
on his license application. Licensee agreed to a warning and a $200
civil penalty.
KYAJOHNIAN, TROY W.
License Number: CR1930
License Type: Certified Residential Appraiser
Complaint Number: REA-191
Disposition: Consent Agreement dated 12/16/03
Summary: Licensee admitted that he failed to disclose a criminal conviction
on his license application. Licensee agreed to a $200 civil penalty.
McKINNON, JOHN L.
License Number: CR417
License Type: Certified Residential Appraiser
Complaint Number: REA-163
Disposition: Consent Agreement dated 2/11/03
Summary: Licensee admitted that an appraisal he supervised misrepresented
factual data in the description of the subject property and that the
assignment exceeded the scope of the licenses of both the appraiser
and the supervisor. Licensee admitted to 5 violations of the governing
law and rules and agreed to a civil penalty of $2500 ($500 per violation).
Licensee also agreed to pay $385.80 for investigative costs incurred
by the board. Licensee further agreed to enroll in and successfully
complete a basic appraiser course and a course in "highest and
best use."
MORONG, CANDACE J.
License Number: CR531
License Type: Certified Residential Appraiser
Complaint Number: REA-160
Disposition: Consent Agreement dated 6/24/03
Summary: Licensee, the supervisory appraiser, admitted that she violated
2 provisions of the applicable appraisal laws and rules relating to
competency in developing and reporting a real property appraisal performed
on a high-end residential oceanfront home. Licensee agreed to a censure
for each violation. Licensee agreed to a $750 civil penalty for each
violation, for a total civil penalty of $1500, and agreed to pay the
board $412.50 for actual investigation expenses. Licensee also agreed
to take a 30 hour basic appraiser's course including passage of the
course examination.
[NOTE: See the related consent agreement of Irma T. Buckley dated 7/10/03]
Top of Page
2002
COHEN, Pamela L.
License Number: RA1565
License Type: Registered Appraiser Trainee
Case Number: REA-139
Disposition: Consent Agreement dated 2/5/02
Summary: Licensee admitted that she failed to disclose a criminal conviction
on her license application. Licensee was issued a $150 civil penalty.
DONAHUE, Patrick O.
License Number: RA1395
License Type: Registered Appraiser Trainee
Case Number: REA-126
Disposition: Board Order dated 5/16/02
Summary: Licensee selected inappropriate comparables, failed to complete
appraisal competently, committed a substantial error of omission or
commission that significantly affected the appraisal, rendered services
in a careless or negligent manner, failed to analyze relevant comparable
properties, and produced a misleading appraisal that overvalued the
subject property. Licensee was issued a reprimand and a $1000 civil
penalty and was ordered to successfully complete a 40 hour basic board
approved appraisal course and a 15 hour USPAP course.
(see entry this year for David W. Mills, a related case)
JONES, Todd D.
License Number: RA1436
License Type: Registered Appraiser Trainee
Case Number: REA-138
Disposition: Consent Agreement dated 2/11/02
Summary: Licensee admitted that he failed to disclose criminal convictions
on his license application. Licensee was issued a reprimand and a $200
civil penalty.
MILLS, David W.
License Number: AP1084
License Type: Real Estate Appraiser
Case Number: REA-125
Disposition: Board Order dated 5/16/02
Summary: Licensee accepted full responsibility by signing appraisal
report prepared by employee who selected inappropriate comparables,
failed to complete appraisal competently, committed a substantial error
of omission or commission that significantly affected the appraisal,
rendered services in a careless or negligent manner, failed to analyze
relevant comparable properties, and produced a misleading appraisal
that overvalued the subject property. Licensee was issued a reprimand
and a $3000 civil penalty, was ordered to successfully complete a 40
hour board approved basic appraisal course and a 15 hour USPAP course,
and was ordered to pay $3,072.15 in investigative and hearing costs
incurred by the board.
(see entry this year for Patrick O Donahue, a related case)
MURPHY, Daniel J.
License Number: CR218
License Type: Certified Residential Appraiser
Case Number: REA-120, REA-128, REA-132, REA-147, REA-141
Disposition: Board order dated 4/18/02
Summary: In REA-120, licensee failed to complete an appraisal contracted
on 10/4/00 until approximately 2/27/02, when the completed appraisal
was performed solely to present a defense to the complaint; fee paid
by client was not returned until 4/9/02, the date of the hearing. In
REA-147, licensee failed to perform an appraisal contracted for on December
1, 2001; fee paid by client was not returned until 4/9/02, the date
of the hearing. In REA-141, licensee failed to indicate to complainant
that there might be difficulties in the subject property qualifying
for the loan for which licensee contracted to perform an appraisal.
Licensee submitted an incomplete appraisal report to the lender and
never repaid to the client the appraisal fee that the client paid him.
In REA-128, licensee received a request to perform an appraisal in November
2000. The appraisal was not delivered until May 2001. In REA-132, the
licensee cashed the complainant's check dated 2/13/01 for an appraisal
that was due by Memorial Day of that year. When the appraisal was not
forthcoming, the complainant demanded that licensee return her money.
The licensee did not do as requested and explained that the matter "simply
slipped through the cracks." The board found that licensee committed
at least 35 violations of the applicable statutes and USPAP rules. Licensee
was issued a 360 day suspension, a civil penalty of $1000 for each of
the five complaints ($5000 total) and a reprimand for each of the five
complaints (five reprimands total). Licensee was ordered to pay $3751.86
for costs incurred by the board and was placed on two years probation
commencing upon the conclusion of the suspension. During the probationary
period licensee was ordered to submit monthly logs to the board, to
provide responses to the board's random investigations of those appraisals,
and to successfully complete a 40 hour basic appraisal course which
also includes 15 hours of USPAP standards.
MURPHY, DANIEL J.
License Number: CR218
License Type: Certified Residential Appraiser
Case Number: REA-154 and REA-155
Disposition: Consent Agreement dated 11/5/02
Summary: Licensee admitted that he failed to timely provide appraisals
to two customers despite repeated attempts by those customers to contact
him and that he told those customers that he had mailed the completed
appraisals to them when he had not in fact done so. Licensee agreed
to a reprimand.
PATTERSON, Jeffrey A.
License Number: CR120
License Type: Certified Residential Appraiser
Case Number: REA-116
Disposition: Board Order dated 5/16/02
Summary: Licensee accepted full responsibility by signing appraisal
report prepared by employee who misrepresented appraised value by selection
of inappropriate comparables, attempted to find a predetermined value
on subject property, committed substantial error or omission that significantly
affected appraisal, rendered appraisal services in a careless or negligent
manner, failed to analyze available comparable properties, and produced
a misleading appraisal full of inconsistencies that reported an inflated
value of the subject property. Licensee was issued a reprimand and a
$2000 civil penalty, was ordered to successfully complete a 40 hour
board approved basic appraisal course and a 15 hour USPAP course, and
was ordered to pay $3,193.70 in investigative and hearing costs incurred
by the board.
(see entry this year for Donald St. Jean, a related case)
ROY, LIONEL J.
License Number: AP1412
License Type: Real Estate Appraiser
Case Number: REA-164
Disposition: Consent Agreement dated 12/3/02
Summary: Complaint alleged that licensee performed 2 appraisals of the
same property within 1 month of each other that used 3 different comparable
properties and resulted in an increase in value of $55,000 as between
the first appraisal and the second appraisal. Licensee admitted that
he: (a) failed or refused without good cause to exercise reasonable
diligence in developing an appraisal, preparing an appraisal report
or communicating an appraisal, (b) demonstrated negligence or incompetence
in developing an appraisal, preparing an appraisal report or communicating
an appraisal, and (c) violated the Uniform Standards of Professional
Appraisal Practice. Licensee agreed to a reprimand and a $1500 civil
penalty.
ST. JEAN, Donald A.
License Number: AP1673
License Type: Real Estate Appraiser
Case Number: REA-115
Disposition: Board Order dated 5/16/02
Summary: Licensee misrepresented appraised value by selection of inappropriate
comparables, attempted to find a predetermined value on subject property,
committed substantial error that significantly affected appraisal, rendered
appraisal services in a careless or negligent manner, failed to analyze
available comparable properties, and produced a misleading appraisal
full of inconsistencies that reported an inflated value of the subject
property. Licensee was issued a reprimand and a $1000 civil penalty
and was ordered to successfully complete a 40 hour board approved basic
appraisal course and a 15 hour USPAP course
(see entry this year for Jeffrey A. Patterson, a related case)
SMALL, Krista Nguyen
License Number: RA-1340
License Type: Registered Appraiser Trainee
Complaint Number: REA-130, REA-131
Disposition: Board Decision dated 3/14/02
Summary. Licensee forged her employer's signature on approximately 13
appraisals, requested and received direct payments from some of employer's
clients without permission of employer, revised an appraisal of one
property to support a predetermined value, performed an appraisal of
a commercial property when not appropriately licensed to do so, failed
to retain a work file and documentation for each appraisal, used inappropriate
comparable properties in one appraisal, and, in all, committed at least
twelve violations of the applicable statutes and USPAP rules. Licensee
was issued a 360-day suspension. Licensee was also issued a $500 civil
penalty for each of twelve violations, for a total of $6000. Licensee
was further ordered to pay $3955.68 for hearing and investigative costs
incurred by the board.
THIBODEAU, RICHARD
License Number: AP1451
License Type: Real Estate Appraiser
Case Number: REA-148
Disposition: Consent Agreement dated 8/20/02
Summary: Licensee admitted that he demonstrated negligence or incompetence
in developing an appraisal, preparing an appraisal report or communicating
an appraisal. Licensee agreed to 2 reprimands and to probation. Conditions
of probation are that licensee pay a $3000 civil penalty and that licensee
obtain a supervisory review of his next 20 appraisals and submit corroboration
of the review to the board. Licensee's probation will end on December
31, 2002 or upon fulfillment of the foregoing conditions, whichever
first occurs.
WATTERS, LINDA M.
License Number: RA1410
License Type: Registered Appraiser Trainee
Case Number: REA-143
Disposition Consent Agreement dated 7/17/02
Summary: Licensee admitted that she committed various violations of
the statutes and rules relating to real estate appraisal. Licensee agreed
to a reprimand, a 90 day suspension and a $500 civil penalty
Top of Page
2001
ANDERSON, Daniel W.
License Number: CR1031
License Type: Certified Residential Appraiser
Case Number: REA-104
Disposition: Consent Agreement dated 4/10/01
Summary: Licensee issued a "letter of opinion" relating to
the retail value of house lots for a proposed subdivision, the potential
number of lots therein, and the potential decrease in value to the subdivision
if access was denied via a street discontinuance. The letter of opinion
(1) did not meet USPAP standards, (2) demonstrated a failure to exercise
reasonable diligence in developing an appraisal, preparing an appraisal
report or communicating an appraisal and (3) demonstrated negligence
or incompetence in developing an appraisal, preparing an appraisal report
or communicating an appraisal. Licensee was issued three reprimands,
one for each of the above-mentioned violations, and a $2500 civil penalty.
Licensee was ordered to successfully complete a 15 hour course in USPAP
standards.
BERUBE, Bertrand E.
License Number: CG233
License Type: Certified General Appraiser
Case Number: REA-089
Disposition: Consent Agreement dated 1/9/01
Summary: Licensee admitted that he failed or refused without good cause
to exercise reasonable diligence in developing an appraisal, preparing
an appraisal report or communicating an appraisal, and that he demonstrated
negligence or incompetence in developing an appraisal, preparing an
appraisal report or communicating an appraisal. Licensee was issued
a $1500 civil penalty and ordered to successfully complete a seven hour
USPAP course.
DIONNE, Roger P.
License Number: AP292
License Type: Real Estate Appraiser
Case Number: REA-114
Disposition: Board Order dated 6/15/01
Summary: With the intent to substantially benefit himself by helping
to assure that he would receive future appraisal assignments from the
client, licensee prepared a real property appraisal report in which
he intentionally and substantially misrepresented the value of the subject
property. Licensee was issued a $4000 civil penalty, was ordered to
reimburse the board for investigative costs, and was placed on probation
for one full year of active practice. As a condition of probation the
board ordered that all appraisal reports prepared by licensee regarding
properties located in Maine must be approved and signed by a supervising
appraiser who has been approved in advance by the board.
FOOTMAN, Scott, A.
License Number: CR400
License Type: Certified Residential Appraiser
Case Number: REA-105
Disposition: Consent Agreement dated 1/3/01
Summary: Licensee admitted that he appraised property beyond the scope
of his license, and that he committed other violations of the appraisal
law and rules. Licensee was issued four reprimands, one for each offense
committed, and a $2500 civil penalty.
KARAGEORGE, Christophe K.
License Number: CR778
License Type: Certified Residential Appraiser
Case Number: REA-099
Disposition: Consent Agreement dated 3/12/01
Summary: Licensee as supervising appraiser accepted responsibility for
an appraisal that reflected the lack of reasonable diligence and also
reflected negligence or incompetence. Licensee was issued a $750 civil
penalty and was ordered to pay $259.88 for investigative costs incurred
by the board.
STODDARD, Diane C.
License Number: AP-7
License Type: Real Estate Appraiser
Case Number: REA-108
Disposition: Board Order dated 8/21/01
Summary: Licensee committed misrepresentation, demonstrated negligence
or incompetence, failed to exercise reasonable diligence, and violated
Uniform Standards of Professional Appraisal Practice in the preparation
of one appraisal. Licensee was issued a reprimand and a $2000 civil
penalty. Licensee was ordered to complete an introductory basic appraisal
course of at least 30 hours, and was ordered to pay $2627.05 for investigative
and hearing costs incurred by the board.
THIBODEAU, Richard
License Number: AP1451
License Type: Appraiser
Case Number: REA-103
Disposition: Consent Agreement dated 1/3/01
Summary: Licensee admitted to various violations of law and rule with
respect to two residential appraisals on adjacent lots. Licensee was
issued a reprimand and a $500 civil penalty for each of four violations,
for a total of four reprimands and a $2000 civil penalty. Licensee was
further ordered to obtain a supervisory review of his next 20 appraisals.
VOGT, John K.
License Number: AP1650
License Type: Real Estate Appraiser
Case Number: REA-112
Disposition: Board Order dated 8/8/01
Summary: Licensee engaged in fraud and misrepresentation in either (a)
preparing an appraisal report with the intent that it give a misleading
and inflated value for the subject property so as to benefit the client/lender
or the owner of the subject property, or (b) intentionally allowing
his name to be used in connection with the above-mentioned report. Licensee
was issued a reprimand and a $250 civil penalty, and was ordered to
pay $325.76 for investigative and enforcement expenses incurred by the
board.
VOGT, John T.
License Number: CR1492
License Type: Certified Residential Appraiser
Case Number: REA-112
Disposition: Board order dated 8/8/01
Summary: Summary: Licensee engaged in fraud and misrepresentation in
either (a) preparing an appraisal report with the intent that it give
a misleading and inflated value for the subject property so as to benefit
the client/lender or the owner of the subject property, or (b) intentionally
allowing his name to be used in connection with the above-mentioned
report. Licensee was issued a reprimand and a $750 civil penalty, and
was ordered to pay $325.76 for investigative and enforcement expenses
incurred by the board.
WHEELER, Manchester H.
License Number: CR460
License Type: Certified Residential Appraiser
Case Number: REA-109
Disposition: Consent Agreement dated 2/14/01
Summary: Licensee admitted that he (1) committed an act or omission
in the practice of real estate appraising that constitutes dishonesty,
fraud or misrepresentation with the intent to substantially benefit
the licensee or another person or with the intent to substantially injure
another person, (2) failed or refused without good cause to exercise
reasonable diligence in developing an appraisal, preparing an appraisal
report or communicating an appraisal, and (3) demonstrated negligence
or incompetence in developing an appraisal, preparing an appraisal report
or communicating an appraisal. Licensee was issued a $500 civil penalty
for each of four violations, for a total of $2000, and a reprimand.
WINGATE, Sharon R.
License Number: CR1305
License Type: Certified Residential Appraiser
Case Number: REA-117
Disposition: Consent Agreement dated 6/5/01
Summary: Licensee admitted that she communicated a misleading or fraudulent
value. Licensee was issued four reprimands, a $2000 civil penalty, was
ordered to pay $75 for investigative costs incurred by the board, and
was ordered to complete a 15 hour course in USPAP standards.
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2000
BROWN, Jack R.
License Number: CR723
License Type: Certified Residential Appraiser
Case Number: REA-085
Disposition: Consent Agreement dated 2/8/00
Summary: Licensee admitted to an act or omission in the practice of
real estate appraising that constitutes dishonesty, fraud or misrepresentation
with the intent to substantially benefit the licensee or another person
or with the intent to substantially injure another person. Licensee
agreed to surrender the license and not reapply for licensure before
1/1/05.
MICKERIZ, Michael G.
License Number: CR314
License Type: Certified Residential Appraiser
Case Number: REA-082
Disposition: Consent Agreement dated 3/14/00
Summary: Licensee admitted that he (1) committed an act or omission
in the practice of real estate appraising that constitutes dishonesty,
fraud or misrepresentation with the intent to substantially benefit
the licensee or another person or with the intent to substantially injure
another person, and (2) failed or refused without good cause to exercise
reasonable diligence in developing an appraisal, preparing an appraisal
report or communicating an appraisal. Licensee was issued four reprimands,
a $1000 civil penalty, and was ordered to complete a 15-hour USPAP Standards
course.
MORRISON, JR., Walter
License Number: CR854
License Type: Certified Residential Appraiser
Case Number: REA-073
Disposition: Board Order dated 2/08/00
Summary: Licensee failed to meet appraisal standards regarding four
properties. Licensee was issued a warning that he is prohibited from
performing any commercial appraisal work. Licensee was put on probation
for one year. During the period of probation licensee was ordered to
submit a monthly log of all appraisals performed by him, barred from
supervising any trainee appraisers, ordered to complete a 15 hour USPAP
course and pass the exam, and ordered to complete a 40 hour basic appraisal
course and pass the exam.
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Last Updated:
March 13, 2009
