Disciplinary actions: Appraisers

December 2008

Seattle — Steven Smart

• Finding:
  • Was defaulted for failure to respond to the Department and to submit demand for hearing within the prescribed time frame.
  • Failed to make adjustments for views.
  • Failed to disclose the existence of the residence on subject property or cost of removal and since he prepared the reports as if the land were vacant he failed to acknowledge the hypothetical condition.
  • Reported the highest and best use as "present use" when the appraisal was performed as if the lot were vacant.
  • Failed to support location adjustment for comparable.
  • Indicated that another appraiser had provided significant assistance when, in fact, that other appraiser had not provided any assistance.
• Action: Certified residential real estate appraiser license suspended for 1 year, 9 month stayed for 3 years.

November 2008

Murrietta, CA — Manssour Kian

• Finding:
  • Failed to adjust for or assign value for the subject property’s detached guest house.
  • Failed to address or adjust for differences in design.
  • Failed to address or adjust for superior quality.
  • Failed to support adjustment for river frontage.
  • Reported incorrect car storage.
  • Failed to disclose that the purchase and sale agreement contained a seller who was different from the current owner.
  • Failed to support site value abstraction method.
• Action: Certified residential real estate appraiser license suspended for 1 year, 6 months stayed for 3 years.

Vancouver — Grady Welborn

• Finding: Signed an appraisal report as his own that was done by another appraiser.
• Action:
  • Certified residential real estate appraiser license suspended for 1 year, stayed for 3 years.
  • Fined $1,000.

Vancouver — Michael T. Smith

• Finding:
  • Failed to conduct an impartial and objective appraisal.
  • Failed to disclose relationship to owner.
  • Allowed another appraiser to sign his appraisal report because it was rejected by the lender.
• Action:
  • Certified residential real estate appraiser license suspended for 1 year, stayed for 3 years.
  • Fined $1,000.

October 2008

Centralia — Eric Conrad

• Finding:
  • Appraised non-residential property beyond the $250,000 transaction value limitation.
  • Failed to state the restricted use option was used.
  • Failed to include the highest and best use opinion.
  • Failed to include sufficient information to describe the scope of work to be performed.
  • Failed to include the required signed certificates.
• Action:
  • Certified residential real estate appraiser license suspended for 1 year, stayed for 3 years.
  • Required to complete the 15-hour USPAP class.

August 2008

Gig Harbor — Robert William Bonneville

• Finding: Charged with one Count of Identity Theft in the First Degree, one Count of Theft in the First Degree and ten Counts of Forgery in Pierce County.
• Action: Certified residential real estate appraiser license summarily suspended pending resolution of criminal case.

June 2008

Yakima — Joseph B. McNeil

• Finding:
  • Allowed misleading appraisal reports to be sent to lenders. Failed to sign the reports or be identified in the report as having lent significant professional assistance.
• Action: Real estate appraiser license suspended 6 months, 6 months stayed (not imposed) for 2 years. Agrees to cooperate with Department and/or testify in another case.

May 2008

Beaverton, OR — Bruce A. Pulley

• Finding:
  • Oregon Appraiser Board revoked appraiser license and imposed a civil penalty of $21,000.
  • Failed to disclose revocation upon renewal of Washington license.
• Action: State licensed real estate appraiser license revoked for 10 years.

April 2008

Tacoma — John Nagle II

• Finding:
  • Failed to reflect correct actual age of subject property.
  • Failed to indicate structural problems although the purpose of loan was to fix any existing problems.
  • Failed to make appropriate adjustments.
  • Failed to review work of assistant.
• Action: Real estate appraiser license suspended 12 months, 10 months stayed (not imposed) for 5 years.

March 2008

Ferndale — Jeff Chowning

• Finding:
  • Failed to make appropriate adjustments for GLA, size of site, lake/river/creek frontage, bedroom and bathroom count.
  • Failed to provide analysis of comparables superior quality and condition.
  • Failed to support adjustment for comparable kitchen package.
  • Failed to submit a demand for hearing or indicate in any other manner his intent to contest the Statement of Charges.
• Action:
  • Real estate appraiser license suspended 12 months, 10 months stayed (not imposed) for 3 years.
  • Required to complete a comparable sales course.
  • Fined $5,000.

Fife — Donald Ethington

• Finding:
  • Used inappropriate comparables.
  • Failed to support adjustment for condition.
  • Failed to support adjustment for putting green and gazebo.
  • Cost approach did not support value.
• Action:
  • Real estate appraiser license suspended 1 year, stayed (not imposed) for 3 years.
  • Required to complete a comparable sales course.
  • Fined $1,000.

February 2008

Federal Way — James J. Crawford

• Finding:
  • Indicated incorrect number of bathrooms.
  • Failed to support effective age of property.
  • Indicated incorrect number of fireplaces.
  • Failed to report existence of an in-law apartment.
  • Failed to indicate living space over garage of comparable.
• Action:
  • Real estate appraiser license suspended 1 year, stayed (not imposed) for 3 years.
  • Required to complete a comparable sales and supervising trainees courses.
  • Fined $1,000.

January 2008

Arlington — Stephanie Lightle

• Finding:
  • Failed to maintain a copy of appraisal in workfile.
  • Failed to make appropriate adjustment for view.
  • Failed to make appropriate adjustments for detached 3-car garage and attached 3-car garage.
  • Failed to make appropriate adjustment for more land.
  • Improper description of comparable.
• Action:
  • Real estate appraiser license suspended 1 year, stayed (not imposed) for 3 years.
  • Required to complete a comparable sales course.
  • Fined $1,000.

Gig Harbor — Michelle Maxam-Moor

• Finding:
  • Indicated improper flood zone code, indicated flood zone C when property was in flood zone A.
  • Failed to account for the fact the subject property required mandatory flood insurance.
  • Indicated incorrect number of fireplaces.
• Action: Real estate appraiser license suspended 1 year, 11 months stayed (not imposed) for 3 years.

Kalama — Francine Dennis

• Finding:
  • Provided DOL with altered copy of appraisal report.
  • Failed to provide support for age adjustment.
  • Failed to provide support for lack of lot size adjustment.
  • Failed to adjust for presence of fireplace.
  • Failed to report 2 lots and failed to make adjustment.
  • Failed to provide support for lack of panoramic view adjustment.
  • Adjusted for unfinished basement, however, basement was finished.
  • Failed to adjust for fronting an arterial and having a lake view.
  • Failed to provide support or explanation for adjustment for alleged inferior quality.
  • Indicated in report that MLS data was utilized for adjustments and for selection of comparable sales, but work file contained no MLS data and such data was available. Stated that MLS data for the comparable sales was not available.
  • Provided DOL with explanation concerning adjustments that was contradictory to the statement in appraisal report.
• Action: Real estate appraiser license suspended 1 year, stayed (not imposed) for 3 years, and required to complete a comparable sales course.

December 2007

Lakebay — James V. Latteri

• Finding:
  • Willfully misrepresented himself as a Departmental investigator.
  • Willfully and obstinately refused to cooperate with the Department.
  • Was defaulted for failure to respond to the Department and to submit demand for hearing within the prescribed time frame.
• Action: Certified general real estate appraiser license revoked for 10 years.

Federal Way — John Bennett

• Finding:
  • Indicated improper zoning code.
  • Failed to include legal description of subject property.
  • Cost approach calculations were unsupported by workfile.
  • Used inappropriate comparables.
  • Failed to acknowledge significant assistance provided by another.
  • Errors in sales comparison approach.
• Action: Real estate appraiser license suspended 1 year, 8 months stayed (not imposed) for 3 years.

Sumner — Trudy Lynn Diviney

• Finding (8 causes of action):
  • Stated within report that calculations were from Marshall and Swift but did not use this publication.
  • Failed to maintain a complete workfile.
  • Used inappropriate comparables.
  • Failed to make adjustments and made improper adjustments.
  • Used incorrect photograph of comparable.
  • Failed to notify Department of change in business address.
  • Failed to include all of the listing history for the subject property:
    • Sales history for subject property shows sale date of November 19, 2004 for $382,500 and on same date sale of the same property for $565,000.
    • Sales history for subject property shows sale date of October 11, 2004 for $459,500 and on same date sale of the same property for $620,000.
    • Sales history for subject property shows sale date of June 22, 2004 for $340,000 and on same date sale of the same property for $476,000.
    • Sales history for subject property shows sale date of June 25, 2004 for $154,000 and on July 2, 2004 sale of the same property for $305,000.
    • Sales history for subject property shows sale date of April 15, 2004 for $237,000 and on same date sale of same property for $367,000.
    • Sales history for subject property shows sale date of December 1, 2004 for $340,000 and on December 3, 2004 sale of same property for $450,000.
    • Sales history for subject property shows sale date of June 28, 2004 for $495,000 and on same date sale of same property for $650,000.
• Action: Real estate appraiser license revoked for 10 years.

November 2007

Bremerton — Laurence Peterson

• Finding:
  • Reflected incorrect distances between subject and comparable properties.
  • Failed to adjust for superior bathroom and bedroom count.
  • Adjustments for site differences are unsupported.
  • Reflected incorrect number of fireplaces.
  • Stated he used MLS to verify information for comparables, however, Comparable Sales 2 and 3 were not listed with that service.
  • Reflected incorrect roof material.
  • Provided overstated and unsupported calculations for the cost approach.
  • Reflected incorrect waterfront footage.
• Action:
  • Real estate appraiser license suspended 1 year, stayed (not imposed) for 1 year.
  • Required to complete a comparable sales course.
  • Fined $500.

Santa Monica, CA – Nora Bohanon

• Finding: Nevada Appraiser Board revoked appraiser license.
• Action: Certified residential real estate appraiser license revoked for 5 years.

October 2007

Tacoma — Lori Sorrell

• Finding:
  • Provided a report to DOL which differed in content from the one received with complaint.
  • Closer comparable sales were available than ones used.
  • Used comparable in different marketing area and failed to include methodology used and supporting data for adjustments.
  • Failed to adjust for square footage.
  • Failed to report or adjust for air-conditioning.
  • Failed to report or adjust for pellet stove.
  • Failed to adjust for heat pump, barn, and riding area.
  • Failed to provide data collected, verified and analyzed to support the reported land values.
• Action:
  • Real estate appraiser license suspended 1 year, stayed (not imposed) for 1 year.
  • Required to complete a Real Estate Appraiser Procedures and National USPAP courses.
  • Fined $1,000.

Renton —Christopher McDaneld

• Finding: Failed to perform appraisal services to 4 clients after payments were made for services.
• Action: Real estate appraiser license revoked for 4 years.

Centralia — Cathy Spears

• Finding: Aided and abetted an unlicensed person in practicing or operating as a Real Estate Appraiser Trainee in the appraisals of 58 properties.
• Action: Real estate appraiser license suspended 1 year, 10 months stayed (not imposed) for 3 years.

Centralia — John Nyberg

• Finding: Unlicensed activity.
• Action: Ordered to cease and desist.

August 2007

Graham – Lloyd Wahl

• Finding:
  • Incorrectly indicated sales price as refinance.
  • Incorrectly indicated client as private.
  • Incorrectly identified zoning.
  • Listed incorrect information for comparables.
  • Failed to indicate type of report.
  • Failed to maintain a complete workfile.
• Action: Real estate appraiser license suspended 1 year, stayed (not imposed) for 3 years, fined $1,500.

July 2007

Kennewick – Robin Williamson

• Finding:
  • Failed to use active listings for comparables.
  • Reflected incorrect site value.
  • Incorrectly identified comparable as multi-family.
  • Estimated Gross Rent Multiplier by averaging the 3 sales.
• Action:
  • Real estate appraiser license suspended 1 year, stayed (not imposed) for 3 years.
  • Required to complete a comparable sales course.
  • Fined $500.

Puyallup – James D. Tesso

• Finding:
  • Failed to provide appraisal services after receiving payment from 5 different clients.
  • Was defaulted for nonparticipation in prehearing conference.
• Action: Certified general real estate appraiser license revoked for 5 years.

June 2007

Gig Harbor — Michael K. Fox

• Finding:
  • Indicated the transaction was refinance rather than a sale.
  • Provided a legal description of the subject property that did not correspond to that found in workfile.
  • Employed the abstraction method to determine land value but failed to maintain abstraction data in workfile.
  • Unsupported large adjustments.
  • Failed to maintain verification data for comparables 1 through 3, and failed to indicate a sales history for comparable 5.
  • Reported a misleading sales history for subject property.
  • Failed to disclose departures from specific USPAP requirements.
  • Failed to obtain an agreement that limited appraisal service was appropriate.
  • Failed to indicate whether the subject property was in a Special Flood Hazard Area.
  • Failed to include zoning classification.
  • Described flooring as carpet and vinyl when the flooring was hardwood.
  • Described the garage as storing two cars when it was a three-car garage.
• Action:
  • Real estate appraiser license suspended 1 year, all but 1 month is stayed (not imposed) for 3 years (1-month suspension effective July 1, 2007 to August 1, 2007).
  • Required to complete a residential appraisal course.
  • Fined $1,000.

Lake Forest Park — James E. McMahon

• Finding:
  • Completed two appraisals for the same property with different square footage and provided no explanation.
  • Incorrect photos.
  • Indicated that the property had a two-car garage in one report and a four-car garage in the other without explanation.
  • Reported the actual age as 19 years old and effective age as 7 years in one report, and actual age of 62 years old and effective age of 20 years in the other.
  • Failed to respond to the department's demand letter.
• Action:
  • Real estate appraiser license suspended 1 year, stayed (not imposed) for 3 years.
  • Required to complete a residential appraisal course.
  • Fined $1,000.

May 2007

Renton — William Rooney

• Finding:
  • Failed to address the subject property with specificity as to site value, improvements, and the difference between its cost new and present worth.
  • Failed to analyze applicable market data available regarding value differences between subject property and comparable sales.
  • Failed to indicate whether subject property was located in an identified Special Flood Hazard Area.
  • Failed to include correct zoning classification.
  • Incorrectly identified capacity of garages for subject and comparables.
  • Incorrectly stated effective age and quality of construction and failed to reference detached guest home.
• Action:
  • Real estate appraiser license suspended 1 year, stayed (not imposed) for 3 years.
  • May not supervise trainees for 3 years.
  • Fined $1,000.

Yakima — Gerald Holmes

• Finding:
  • Used incorrect building measurements.
  • Failed to support adjustments for age and condition.
  • Incorrectly reported the transaction to be a refinance.
  • Failed to maintain a complete workfile.
• Action:
  • Real estate appraiser license suspended 1 year, stayed (not imposed) for 1 year.
  • Required to complete USPAP course.
  • Fined $250.

April 2007

Bellevue — John Gregov

• Finding:
  • Failed to provide accurate square footage and sketch.
  • Incorrect data source.
  • Failed to identify assistant.
  • Indicated that he had inspected the interior when he had not inspected the interior.
• Action: Real estate appraiser license suspended 1 year, stayed (not imposed) for 3 years, and fined $500.

Centralia — Nadyne Tauscher

• Finding:
  • Used inappropriate comparables.
  • Failed to collect, verify and analyze all information.
  • Failed to include reasons in her letter supporting the scope of her work decision.
  • Failed to reconcile quality and quantity of data and the applicability or suitability of approaches used.
  • Failed to identify the intended use and purpose of the assignment.
  • Failed to identify scope of work to be performed.
  • Failed to complete and sign a certification as part of her appraisal review.
• Action: Required to complete USPAP course and fined $5,000.

Kent — Preston Knox

• Finding: Fourth degree assault, harassment, and violations of court order.
• Action: License denied until such time the respondent demonstrates to the Department that the terms of his community supervision are completed.

North Bend — Thomas Fairbanks

• Finding:
  • Inconsistent neighborhood boundaries.
  • Failed to provide neighborhood characteristics.
  • Failed to proerly note land use changes.
  • Did not discuss 5 bedrooms spread over 2 floors with 1 bathroom on second floor.
  • Failed to provide referenced plat map.
  • Inappropriate comparables.
  • Incorrect photo.
  • Failed to provide work file.
• Action: Real estate appraiser license suspended 1 year, stayed (not imposed) for 3 years, and fined $1,000.

Puyallup — Mary Myers

• Finding:
  • Failed to provide accurate square footage and sketch.
  • Incorrect data source.
  • Failed to identify assistant.
  • Indicated she had inspected the interior when she had not inspected the interior.
• Action: Real estate appraiser license suspended 1 year, stayed (not imposed) for 3 years, and fined $500.

January 2007

Arlington — Stephanie Lightle

• Finding:
  • Failed to maintain workfile.
  • Failed to make adjustments for views.
  • Failed to make adjustments for detached garage and site.
  • Investigator could not locate the address provided for comparable.
  • Failed to adequately describe comparable.
  • Failed to properly adjust for the wide range of values in the comparables.
• Action:
  • Certified residential real estate appraiser license suspended for 1 year, stayed for 3 years.
  • Required to complete a comparable sales course.
  • Fined $1,000

December 2006

Duvall — Daniel Felt

• Finding:
  • Failed to measure basement of subject.
  • Failed to verify number of bathrooms and bathroom floor covering.
  • Failed to report dimensions on plat map.
  • Failed to provide plat map.
  • Failed to explain zoning.
  • Indicated no crawl space when crawl space vents are visible.
  • Listed insulation as unknown without explanation.
  • Failed to make required adjustments for remodeled kitchens.
  • Comments in addenda did not relate to subject nor comparables.
  • Incorrect topography.
  • Interior of subject was not inspected when form lent the impression that an interior inspection was made.
• Action: Real estate appraiser license suspended for 6 months, stayed (not imposed) for 1 year, and fined $1,500

Graham — Lloyd Wahl

• Finding: Received payment for appraisal service but failed to provide the appraisal report (did refund payment after being sued in small claims court), and failed to make written response to the Department.
• Action: Real estate appraiser license suspended 1 year, stayed (not imposed) for 3 years, and fined $1,500.