Texas Appraiser Licensing and Certification Board v. J.A.

An Appraisal Management Company filed a complaint against J.A. stating he had not appraised the subject property properly for a loan refinance. It was based on the vacant subject property’s “As Is” condition. The complainant claimed that the improvements were 85% complete, but J.A. appraised the value at no more than a vacant lot because the house was uninhabitable. The Board threatened sanctions, up to and including license revocation, unless J.A. cooperated within 20 days for requests for more information. J.A. engaged Bertolino. The attorneys provided the Board with five comparable appraisals of other properties in the area in similar uncompleted condition. There were few sales of comparable uncompleted houses, because – until the property is completed, functional and livable – it is not considered worth more than land value. Before the Board filed a Statement of Charges, the firm negotiated a settlement on behalf of J.A. Instead of an administrative fine of thousands of dollars and sanctions against J.A.’s license, he accepted 14 hours of on-line remedial education without an exam, and a stipulation that he will confirm membership on an AMC panel prior to taking any future assignments or placing bids.