APPRAISAL EXPERIENCE

My Standard

My standard is to live by the words my father said to me after I took three weeks to do my first (residential) appraisal, pouring over AIREA, SREA and NAIFA textbooks. He said, “That’s nice. Now, go sit on the curb across the street from that property and then come back and tell me what someone would pay for it”. That challenged me to always temper the theoretical with the practical.

Appraisal Assignments

Single family condo units, detached and attached residences and building lots, luxury homes and those that are virtually uninhabitable, operating campgrounds, condominium camping sites in a former nudist camp, subdivisions, farm land, magnificent forests that are protected by regional zoning, historic preservation façade easements, marinas, warehouses, office buildings, manufacturing facilities, amusement piers, beaches, wetlands, partially completed condo projects, multifamily market-rate and subsidized housing, mom & pop motels, roadside hotels and participated in casino-hotel appraisals.

Appraisal Consulting and Appraisal Review Assignments

Conducted and reviewed market studies for major commercial and residential projects, reviewed nursing home appraisals and multifamily appraisals for FHA multifamily mortgage insurance and for HUD Supportive Housing grants for the elderly and disabled, and have also prepared Appraisal Consulting reports for collateral underwriting in the HUD grants. 

Appraisal Experience Since 1980

Current & Recent Cases

  • Foreclosure Defense: potential lender liability issue due to appraisal
  • Tax Appeals
    • Turned USPAP issue into a “credibility of the witness” issue
    • Settled Cases by relying on USPAP, even when the assessor trumps a client’s appraisal.

 Recent Legal Research on Valuation Issues

  • “Changes in Appraisal Law under the Mortgage Reform and Anti-Predatory Lending Act of 2010”, (chapter in) The Financial Stabilization Act of 2010, LexisNexis (2010).
  • Panel presentations at the 2010 Washington Appraisal Summit 
    • Broker Price Opinions considered how appraisers need to meet market needs. See Presentations webpage. 
    • Repurchase Demand Rebuttal Appraisals focused on the need for appraisers to create market-desired work products under USPAP. See Presentations webpage.
  • Pro bono representation of American Guild of Appraisers
    • Research of the law of BPOs and application of appraisal standards by various courts. 

2009

  • Passed USPAP Instructor Course on first attempt
  • Successfully represented an appraiser client in a “Repurchase Demand Rebuttal Appraisal” matter.

2008

  • Wrote real estate law column for the Press of Atlantic City, including practical advice on tax appeals. Please see selected articles on Publications webpage.

 2006-2008

  • Assistant Special Counsel to the City of Atlantic City defending its tax assessments, including those for casino-hotels. 
  • Obtained decision from County Board affirming the assessment after arguing that opposing counsel entered a report that did not conform with USPAP (the only time I’ve ever seen, or heard of, that happen)
  • Project attorney on major 11-year case with refund demand of $93 million including review of appraiser USPAP compliance (settlement reduced to $34 million).
  • Legal research on lawsuit against state that turned on determination of market value of one sale.
  • Appraisal Law seminar, Southern NJ Chapter of the Appraisal Institute. See Presentations webpage. 

1999-2005 - HUD

  • In 1999, that Agency was only then reluctantly implementing the 1991 directive that federal agencies were to adopt USPAP, requiring me to: 
  • Created my own USPAP compliant-appraisal instruments that needed to:
    • Comply with USPAP
    • Fulfill the needs of the managers who rated my performance.
  • Informally mediated dispute over whether the HUD Rent Comparability Study (RCS) was a Standard 3 Appraisal Report or a Standards 4 & 5 Consulting Report.  o HUD team established parameters of Agency needs
    • Researched statues and interviewed state appraiser board staff and members
    • Helped create format for report that could be a Standard 3 OR a Standard 4 & 5 report, at the discretion of the state appraiser board
    • Team leader and I conferred with TAF officials, discussed supremacy doctrine issues with AARO and overcame potential Supremacy Doctrine issues.
    • HUD has used product, for 10+ years, without changes.

1984 – 1999: Fee Appraisal Shop Owner

  • Ran appraisal shop with up to six full-time and two part-time appraisers, three support staff, and had responsibility to make sure that all reports were USPAP compliant;
  • Numerous classes and seminars on USPAP

1980-1982: Fee Appraiser

  • Individual fee appraisal practice
  • Solely responsible for USPAP compliance
  • Sought out mentors, attended USPAP classes and seminars