: Co Nw) Nw) - ty ; STATE OF FLORIDA Qn Ly "8 DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION“ og O FLORIDA REAL ESTATE APPRAISAL BOARD —_, £ Yi, hy b5 FLORIDA DEPARTMENT OF BUSINESS & EOS hop SE PROFESSIONAL REGULATION, Panel Petitioner, v. CASE NO. 99-82489 SUSAN J. STEPHAN, Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Susan J. Stephan (“Respondent”), and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, including Section 20.165 and Chapters 120, 455 and 475, Fla. Stat., and the rules promulgated thereunder. 2. Respondent is currently a Florida state certified residential real estate appraiser having been issued license RD0000928 in accordance with Chapter 475 Part I, Fla. Stat. 3. The last license issued to Respondent was as a state certified residential real estate appraiser at 19566 Trails End Terr., Jupiter, Florida 33458. 4. By fax dated May 6, 1999, Carole Donohoo (“Donohoo”) requested that the Respondent ww UY FDBPR v. Susan J. Stephan Case No. 9982489 Administrative Complaint prepare an appraisal report for property located at 717 Magnolia Drive. A copy of the request is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 5. By a fax dated May 6, 1999, Donohoo provided the Respondent with additional information about the property. A copy of the fax is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2. 6. By fax dated May 10, 1999, the Respondent requested information about the property owner. A copy of the fax is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 3. 7. By fax dated May 10, 1999 Donohoo requested that the Respondent prepare an appraisal report for property located at 4604 Clemens Street. A copy of the fax is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 4. 8. Donohoo advised that she communicated with the Respondent by telephone to advise her that time was of the essence in preparing the appraisal reports because the owners were facing the possibility of foreclosure. 9. Donohoo provided to the Respondent a money order dated May 10, 1999 in connection with the appraisal report for the property located at 4604 Clemens Street. A copy of the money order is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 5. 10. By fax dated May 20, 1999, Donohoo asked the Respondent to call her regarding the two appraisals. A copy of the fax is attached hereto, incorporated herein and made a part hereof by 2 - a VY Nw] FDBPR v. Susan J. Stephan Case No. 9982489 Administrative Complaint reference as Administrative Complaint Exhibit 6. 11. By fax dated May 21, 1999, Donohoo was advised by the Respondent’s daughter that the Respondent was out of town. A copy of the fax is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 7. 12. By fax dated May 21, 1999, Donohoo asked the Respondent’s daughter to have the Respondent contact her about the appraisal reports. A copy of the fax is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 8. 13. By fax dated May 25, 1999, the Respondent advised Donohoo that the appraisals would be ready for pickup on Wednesday moming. A copy of the fax is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 9. 14. By fax dated May 25, 1999, Donohoo advised the Respondent that her husband would be picking up the appraisals. A copy of the fax is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 10. 15. By fax dated May 26, 1999, the Respondent advised Donohoo of the values for the properties and that the appraisal reports would not be ready for pick up that morning. A copy of the fax is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 11. 16. By fax dated May 26, 1999, the Respondent provided Donohoo with a different value for the Makowski property. A copy of the fax is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 12. 17. By fax dated May 26, 1999, Donohoo gave the Respondent information about where to 3 : ¢ YU Nw) FDBPR v. Susan J. Stephan Case No. 9982489 Administrative Complaint deliver the appraisal reports and her telephone numbers. A copy of the fax is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 13. 18. By fax dated May 26, 1999, Donohoo advised the Respondent that since the reports had not been received by 5:30 p.m., they could no longer be used. Donohoo requested a refund of the $500 since the appraisal report was never received A copy of the fax is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 14. 19. By fax dated May 26, 1999, but with a transmission date of May 27, 1999, the Respondent advised Donohoo that it is the policy of her office not to refund deposits after a market value had been provided The Respondent advised that she went to Donohoo’s office, but no one was available. A copy of the fax is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 15. 20. By fax dated May 27, 1999, Donohoo responded to the Respondent’s previous fax. A copy of the fax is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 16. 21. By fax dated May 28, 1999, the Respondent advised Donohoo that she was unable to deliver the appraisal reports to an office that was not there, and that she had tried unsuccessfully to contact Donohoo about the delivery of the appraisals. A copy of the fax is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 17. 22. To date, neither the $500 fee nor the appraisal reports have been delivered to Donohoo. COUNT I Based upon the foregoing the Respondent is guilty of having failed to communicate an 4 ( YU YY FDBPR v. Susan J. Stephan Case No. 9982489 Administrative Complaint appraisal without good cause in violation of § 475.624(16), Fla. Stat. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Appraisal Board, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license, registration, or certificate; suspension of the license, registration or certificate for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or certificate holder to complete and pass additional appraisal education courses; publication, or any combination of the foregoing which may apply. See § 475.624, Fla. Stat. and Rule 61J1-8.002, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license, registration, or certificate; suspension of the license, registration, or certificate for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or certificate holder to complete and pass additional appraisal education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. and Rule 61] 1-8.002, Fla. Admin. Code. YU YU FDBPR v. Susan J. Stephan Case No. 9982489 Administrative Complaint SIGNED this_ 0% day of afi L / , 2000. eu cy wen Professional Regulation wh Lu -\ pegalshe By: Herbert S. Fecker, Jr. 28 Director, Division of Real Estate ATTORNEY FOR PETITIONER Ghunise Coaxum Fla. Bar No. 077348 FDBPR-Division of Real Estate Legai Section 400 W. Robinson Street, N308A Orlando, Florida 32802-1772 (407) 481-5632 (407) 317-7260 - FAX PCP: LM/EC 7/10/00 DG/MC/EC 2/00 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Fla. Stat.; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. i ( Ne] YY FDBPR v. Susan J. Stephan Case No. 9982489 Administrative Complaint PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Appraisal Board a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. OldeOake € 2655 “Norra Ocean ‘Drive, cuth .- Mortgage ow dager Istand: Florida 33404 Services ; a on m e-matl: magnetz@juno.rom a” Blum fom boot FAX 15611 881-0906 CO JUL 28 PMI2: 23 CAROLE DONOHOO CEyISiOy Licensed Mortgage Broker an Me (561) 844-4543 May 6, 1999 “« 'TO; SUSAN STEPHAN - APPRAISAL DEPOT, INC. FAX (561) 745-0709 IN REFERENCE TO OUR CONVERSATION, HERE IS THE INFORMATION WE NEED AN APPRAISAL ON THE FOLLOWING PROPERTY: 717 MAGNOLIA DRIVE LAKE PARK, FL. 33403 LEGAL DESCRIPTION: KELSEY CITY LTS 37 TO 39 INC BLK 92 PCN: 36434220010920370 OWNER: FRANCES E. SLACK HOME TELEPHONE: 844-5161 ' PLEASE SEND THE APPRAISAL & YOUR INVOICE TO: OLDE OAKE MORTGAGE SERVICES 8171 CHAUCER DRIVE SPRING HILL, FL 34607 CONTACT PERSON IF NEEDED: DIANE OR MARY = (352) 596-9800 HOPEFULLY, THIS WILL BE THE BEGINNING OF A GREAT MORTGAGES, AND I ASSUME YOU WOULD LIKE TO DO A LOT OF > APPRAISALS !!!! (ys “ Licensed Mortgage Broker Business Home Office: 7281 Sunshine Grove Road, ‘suite IND OU RT RAG, | LOA PE GIN(BS2/ 596-0800 EXHIBIT 3: TE a ene ne a ant i a ~ PAGE _ Lor ny Olde Oake ; (~ : \ 9655 North Ocean Drive, Suite ; M ortg ag é VY \hinger Island, Florida 33404 . “ ; Relh pr Py e-mail magnetz@juno.com Services Em ELLE a (661) 881-9906 28-PiMer2g- . CAROLE DONOHOO ~ Licensed Mortgage Broker (561) 844-4543 May 6, 1999 TO: SUSAN STEPHAN - APPRAISAL DEPOT, INC. FAX (561) 745-0709 IN REFERENCE TO OUR CONVERSATION, HERE IS THE INFORMATION WE NEED AN APPRAISAL ON THE FOLLOWING PROPERTY: 717 MAGNOLIA DRIVE LAKE PARK, FL. 33403 LEGAL DESCRIPTION : KELSEY CITY LTS 37 TO 39 INC BLK 92 PCN: 36434220010920370 OWNER: FRANCES E. SLACK HOME TELEPHONE: 844-5161 > LOAN AMOUNT: $66,000 PLEASE SEND THE APPRAISAL & YOUR INVOICE TO: OLDE OAKE MORTGAGE SERVICES 8171 CHAUCER DRIVE SPRING HILL, FL 34607 CONTACT PERSON IF NEEDED: DIANE OR MARY (352) 596-9800 HOPEFULLY, THIS WILL BE THE BEGINNING OF A GREAT MORTGAGES, AND I ASSUME YOU WOULD LIKE TO DO A LOT OF APPRAISALS !!!! ADMINISTRATIVE COMPLAINT EXHIBIT 32 wy PAGE l_ oF { Licensed Mortgage Broker Business Home Office: 7281 Sunshine Grove Road, Suite 111, Brooksville, Florida 34613 (352) 596-9800 mw wee Ve Mel ITP RR. ome yoru: - 94 T re Tete _ APPRAISAL DEPOT, INC. Oat ~ “8D P.O. BOX 4336, JUPITER, _TLORIDA 33468-8336 YROMR (S61) 746-6348 FAX (562) Tbe 20 4G iy! Vy we DATR:_$/20/99 TIMS:_30:02 A.M. PLEASE = aa THE FOLLOWING PAGES TO: FAX NUMBER: 884-9906 FROM: SUSAN J. STEPRAX FAX NO. .. (561) 745-0709 | TOTAL PAUES ‘INCLUDING :COVBR PAGE:___ IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (561) 743-2748 . febkLkheddedohel ahelonot thd LEELA E SELES EEETE ETE TTT TT ET TTT TTT TTT nN ee Wee tee NOTE! HAVE TRIED; TO GET A HOLD OF FRANCES E. SLACK SINCE MAY «. THE NUMBER You SAVE PROVIDED 844-5161 HAS NO RECORDING DEVICE AND THERE HAS BEER WO ANSWER. nats FAX ME at 745-0709 OR CALL ME AY 743-2748 THE NUMBER 746-6368) IS BEING WORKED ON AND IS TEMPORARILY DISCONNECTED. SUSAN: J.. STEPHAN, SRA STATE CaRTIPIED RESIDENTIAL APPRAISER #000 R928.) NISTRATIVE COMPLAINT iH Avan ‘i. ule + EXHIBIT #2 PAGE ( oa —_ OldeOake ‘ of ach Office: (ss North Ocean Drive, Suite zou M Oo rtg ag é VY Singer Island, Florida 33404 ( A , Sbortr e-mail magnetz@juno.com Services Te IS D FAX (561) 881-9906 09 JUL 28 : — PH I2: 20 CAROLE DONOHOO Lee ae ape Licensed Mortgage Broker May 10, 1999 WERRINCS (561) 844-4543 TO: SUSAN STEPHAN - APPRAISAL DEPOT, INC. FAX (561) 745-0709 . WE NEED AN APPRAISAL ON THE FOLLOWING PROPERTY: 4604 CLEMENS STREET LAKE WORTH, FL. 33463 : THE PROPERTY IS UNDER ONE PCN, THERE ARE 2 DUPLEXES, ONE UNIT IS OWNER OCCUPIED. —> SPECIAL REQUEST: WE NEED INTERIOR PHOTOS OF A BEDROOM, BATHROOM, KITCHEN AND LIVING ROOM. NOTE: THE TOTAL RENT RECEIVED IS $1,675/MONTH. THE OWNERS DO ALL OF THE MAINTENANCE. THEY ARE ON WELL WATER. EACH UNIT HAS A SEPARATE METER FOR ELECTRICITY. TAXES ARE ABOUT $3,000/YEAR AND INSURANCE IS ABOUT $1,300/YEAR. THE PROPERTY WAS PURCHASED 2/13/98 FOR $145,000. THE OWNERS HAVE DONE IMPROVEMENTS: REPLACED THE A/C UNITS, INSTALLED CERAMIC TILE, KITCHEN COUNTER, ROOF REPAIR AND PAINTING. LEGAL DESCRIPTION: GREENLAND PL 2 LTS 7 TO 12 INC BLK 5 PCN: 00424424300050070. OWNER: WALTER J & BONNIE J MAKOWSKI HOME TELEPHONE: 434-2792 LOAN AMOUNT: $134,400 => -WE HAVE PICKED UP A MONEY ORDER IN THE AMOUNT OF $500 PAYABLE TO APPRAISAL DEPOT, INC. FOR THE APPRAISAL. PLEASE TELL ME WHERE TO MAIL IT. PLEASE SEND THE APPRAISAL & YOUR INVOICE TO: OLDE OAKE MORTGAGE SERVICES 8171 CHAUCER DRIVE SPRING HILL, FL 34607 CONTACT PERSON IF NEEDED: DIANE OR ARY aA 596-980 9800 MINISTRATIVE, COMPLAINT, EXHIBIT #0 Licensed Mortgage Broker Business _ { -- Home Office: 7281 Sunshine Grove Road Suite 111, Brodksvitle—Floricy48)3 /. ‘OldeOake a WW we “ hess North Ocean Drive, Suite 300 M ortg age. sa Singer Island, Florida 33404 Se rvices “ | FE n e-mail magnetz@juno.com FAX (561) 881-9906 sa yes_puigg CAROLE DONOHOO Licensed Mortgage Broker (561) 844-4543 May 10, 1999 TO: SUSAN STEPHAN PER OUR CONVERSATION, HERE IS THE MONEY ORDER IN THE AMOUNT OF $500 FOR THE APPRAISAL ON: 4604 CLEMENS STREET. THANKS FOR YOUR HELP CAROLE ‘ THE BACK Te aa se WATERAIAAK + aplOLO ATAN ANGLE TOVIEW ws oe: eye INT FORATED -PAYMES IT SYSTEMS INC, IssuEn | ESTERN e Li aike], [ki ra a“ ae s ; ~ > : PC Dey F33¢ Sap SBEES Licensed Mortgage Broker Business Home Office: 7281 Sunshine Grove Road, Suite 111, Brooksville, Florida 34613 (352) 596-9800 WER LOCE! AD i (RATIVE fan) ww) WY PILED an : 00 JUL 28 PHi2:21 © aA : Wein i" | & DIVISION OF op ee Py, | 2 MAY 20, 1999 FROM THE DESK OF : CAROLE DONOHOO OFFICE: (561) 844-4543 FAX: (561) 881-9906 E-MAIL: magnetz@juno.com TO SUSAN STEPHAN PLEASE CALL ME AT 844-4543 IN REFERENCE TO THE APPRAISAL FOR: 1 FRANCES SLACK 2 WALTER & BONNIE MAKOWSKI AD MIN! STRATIVE COMPLAINT, UO v APPRAISAL DEPOT, INC. oO “ty DATE: 5/23/39 TIME :_10:54 A.M. PLEASE DELIVER THE FOLLOWING PAGES TO: NAME : CAROLE DowOROO PAX SUMBER: —BSL-296 FROM: SUSAN J, STEPHAN FAX NO. (561) 745-0709 TOTAL PAGES ‘INCLUDING COVER PRGE:_1_ IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (5612) 743-2748: Lh ReatetedadiadiedbedhsAadiatatatedbedaedhethsduathatiadedsedadedhadadededeetnedadasduatiadeahalahathatatietededahededetrediadedadiadedadiatateatatietat ate! DUE TO THE NUMEROUS PHONE CALL YOU HAVE MADE TO THE OFFICE AND MY MOTHER'S HOME I WILL TELL YOU SHE IS NOT HERE. SHE HAD SOME OUT OF TOWN WORK SHE WAS COMPLETING AND ACCORDING TO MY GRANDMOTHSR CAME DOWN VBRY ILL. I HAVE TALKED TO HER AND SHE WILL HAVE YOUR APPRAISALS ON MONDAY OR TUSSDAY. SHE APOLOGIZES FOR THE DELAY. 1 AM STAYING HERE WITH THE DOGS UNTIL SHE RETURNS, ALTHOUGH I WORK AT NIGHT AND SLEEP DURING THE DAY. SBRA FOR SUSAN J. STEPHAN oe ay e es f . f wy) WW a, oo, oe “MAY 21, 1999 Me 990) Aap ty is FROM. THE DESK OF : CAROLE DONOHOO Hse y e/ OFFICE: (561) 844-45431)//45)"_ FAX: (561) 881-9906 vs E-MAIL: magnetz@juno.com TO Sara c/o SUSAN STEPHAN I RECEIVED YOUR FAX TODAY. PLEASE HAVE SUSAN CALL ME ASAP OR FAX ME THE PHONE NUMBER WHERE I CAN REACH HER. I NEED TO LET HER KNOW TO CALL ME WHEN THE APPRAISALS ARE READY SO THAT I CAN PICK THEM UP. THE MAKOWSKI PROPERTY IS BEING FORECLOSED ON MAY 24TH. IF SHE CANNOT GET THE APPRAISALS DONE, WE NEED TO BE CALLING ANOTHER COMPANY TODAY. ALSO, SHE HAS BEEN PAID FOR THE MAKOWSKI JOB AND WILL NEED TO RETURN THE FEE. PLEASE HAVE HER CALL ME, THE MAKOWSKI'S ARE IN DANGER OF LOSING THEIR HOUSE, BECAUSE OF THIS DELAY. ALSO, MR SLACK IS IN THE SAME SITUATION. HE WILL LOSE HIS HOUSE IF THE REFINANCING IS NOT DONE IMMEDIATELY!!! anes, C t QW) UW & APPRAISAL DEPOT, INC. “., °& AI . . rd 2.0, BOX 8335, CUPITER, FLORIDA.13466-8336 PRomm (561) 74¢-4248 PAX (561) 1sQheyss ad DATE :_5/28/39__ TIME :_$:53 5. M. PLEASE DELIVER THE FOLLOWING PAGES TO: NAME: CAROLE DONOEOO_ FAX NUMBER: __ 881-9906 FROM: SUSAN J. STEPHAN FAX NO, (561) 745-0709 TOTAL PAGES INCLUDING COVER PAGE:_1_ IF YOU DO NOT RECZIVE ALL PAGES, PLEASE CALL (561) 743-2748 \edidisdnatbsthetendichalatarhedrahehatetvhehatishehehehehetabehehebetudebidebedehsd ddd kedaedadh Lt RL ee errr ’ I_AM FINISHING. THE APPRAISALS. I WILL HAVE A VALUE FOR THIS AFTERNOON AND THE COMPLETB APPRAISALS AS YOU REQUESTED YOU CAN PICK UP AT 8:30 WEDNESDAY MORNING. IF I AM NOT HERE THEY WILL BE ON THE B3NCH OUTSIDE. SORRY THIS HAS TAK3N LONGER THEN EXPECTED I DID NOT KNOW I. WAS GOING TO GET ILL. I WILL BE OUT OF THE OFFICE DUE TO TAKING PHOTOGRAPHS . SUSAN J. STEPHAN ADMINISTRATIVE COMPLAINT. 0, it 2, ee “, i U U - MAY 25, 1999 FROM THE DESK OF : CAROLE DONOHOO OFFICE: (561) 844-4543 FAX: (561) 881-9906 E-MAIL: magnetz@juno.com TO SUSAN STEPHAN I RECEIVED YOUR FAX TODAY. PER YOUR INSTRUCTIONS, I WILL HAVE MY HUSBAND,LARRY DONOHOO, PICK UP THE COMPLETED APPRAISALS AT YOUR HOUSE TOMORROW AT 8:30 AM. ADMINISTRATIVE COMPLAINT EXHIBIT # PAGE too _l ( a WU UY DATE: _5/26/99 TIME :_6:48 A.M. PLEASE DELIVER THE FOLLOWING PAGES TO: NAMS :_CAROLE DONOHOO FAX NUMBER: 882-9996 FROM: SUSAN J. STEPHAN PAX NO. (561) 745-0705 , TOTAL PAGES INCLUDING COVER PAGE:_1 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (561) 743-2748 Peter ere Ltt kkk hd dk kek kekd dak koksdok dokeh dehete Ah dakeduhshahohehohadahal:Lekedahathehakahekatedehed a on THE VALUES FOR MAKOWSKI ‘DUPLEX IS $160,000 AND FOR SLACK'S SINGLE FAMILY IS $81,000. THE REPORTS ARB NOT FINISHED YET I HAD PRINTER PROBLEMS LAST NIGHT. THEY WILL BE DONE TODAY FOR SURE. WILL FAX YOU.THE BODY AS SOON AS I CAN GET THE PRINTER UP. DELIVERY WILL HAVE TO BE THIS AFTERNOON. DO NOT PICK UP REFORTS THIS KORNING. SUSAN J. STEPHAN ISTRATIVE COMPLAINT EXHIBIT #__| PAGE Lor | ieeennenneeeeeen ey ( a Nor] wr . os APPRAISAL DEPOT, INC. Dy “4 a _ hen *f9 P10. BOX 6236, JUPITER, FLORIDA'33469-5336 ROME (562) 746-6348 FAX (561) 14-0160 Np, Ais ‘sige on WER ny Ves DATE:_3/26/99 TIME:_6:48 A.M, PLEASE DELIVER THE FOLLOWING PAGES TO: FAX NUMBER: __$81-9906 _ FROM: SUSAN J. STEPHAN FAX NO. (561) 745-0709 | TOTAL PAGES INCLUDING COVER PAGE:_1_ IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (561) 743-2748 rerrre Ptr t ) 2. to C1. 1 Lhd tok bodekah behehshehohedadebakohehaliaddahahahalshahahchabahahehatichedchehahelahal Ma ee tS real T THE VALUES FOR MAKOWSKI DUPLEX 13° $182,900 AND FOR SLACK'S SINGLE FAMILY IS $81,000. THE REPORTS ~ FINISHED YET I HAD PRINTER PROBLEMS LAST NIGHT, THEY WILL BE DONE TODAY FOR SURE. WILL FAK YOU THE BODY AS SOON AS I CAN GET THE PRINTER UP. DELIVERY WILL HAVE TO BE THIS AFTERNOON. pO NOT PICK UP REPORTS THIS MORNING. SUSAN J. STEPHAN ATIVE COMPLAINT oo re WwW U - MAY 26, 1999 oY SA FROM THE DESK OF: CAROLEDONOHOO 44, 8 , “4 OFFICE: (561) 844-4543 (7, “%e. FAX: (561) 881-9906 “Teg On a E-MAIL: magnetz@juno.com Oe TO SUSAN STEPHAN I RECEIVED YOUR FAX TODAY. PLEASE DELIVER THE FINISHED APPRAISALS TO MY LOCAL OFFICE AT: 2655 North Ocean Drive, Suite 300 Singer Island, Florida 33404 THE OFFICE IS IN THE NATIONSBANK BUILDING ACROSS FROM OCEAN MALL. IF YOU GET LOST, CALL 841-7890 AND THE RECEPTIONIST CAN GIVE YOU DIRECTIONS. IF YOU ARE UNABLE TO DELIVER IT THIS AFTERNOON, PLEASE CALL ME ON MY CELL PHONE AT 309-5004 SO WE CAN MAKE OTHER ARRANGEMENTS. I WILL BE OUT OF THE OFFICE SO I WILL NOT BE HERE TO READ ANY FAXES. OldeOake | c «655 North Ocean Drive, Suite yo. Mortgage Nw] \Asinger Island, Florida 33404 - Services - i pn e-mail magnetz@juno.com FAX (561) 881-9906 FAXED TO (561)745-0709 at 6:30 PM on “ier Mag. ds, 1999 CAROLE DONOHOO I oe Licensed Mortgage Broker (561) 844-4543 May 26, 1999 APPRAISAL DEPOT, INC. ¢e/o Susan Stephan 19566 Trails End Ter Jupiter, Fl. 33458 Attention: Susan Stephan Re: Appraisals for: 1) Walter J. & Bonnie J. Makowski ordered on May 10, 1999 4604 Clemens Street, Lake Worth, F1 33463 2) Frances E. Slack ordered on May 6, 1999 717 Magnolia Drive, Lake Park, Fl 33403 Dear Susan Stephan, As you know, I have called your office numerous times and sent several Faxes since May 19, 1999 requesting that you call me regarding the above referenced appraisals. You have chosen not to return my calls. Finally, on Friday, May 21, 1999, I received a Fax from your daughter, Sara, stating that you were ill and out of town and would have the appraisals completed either Monday or Tuesday morning. We did not hear from you on Monday, but on Tuesday at 8:51 AM, you sent us a Fax telling us that we could pick up the appraisals at your house on Wednesday at 8:30 AM. On Wednesday at 6:48 AM you sent us a Fax telling us not to pick up the reports, since they were not ready, but would "be done today for sure" and you would deliver them in the afternoon. It is now 5:30 PM. Let this serve as notice that we have not received the above referenced appraisals today nor have we received a Fax or telephone call from you; therefore, I am informing you that we will not be able to use them. On many occasions, I left you.messages and sent Faxes informing you that the Makowski's are in foreclosure proceedings, and it was critical for us to get the appraisal. On May 10, 1999, I sent you a money order in the amount of $500 which was purchased by Bonnie Makowski to pay for the appraisal. Since we have never received the appraisal, please return the $500 to Bonnie Makowski. Bonnie has your telephone number and will be calling you. Sincerely, a / JOMINISTRATIVE COMPLAINT. KEtRIT de IY Carole Donohoo PAGE en ee Licensed Mortgage Broker Business Home Office: 7281 Sunshine Grove Road, Suite 111, Brooksville, Florida 34613 (352) 596-9800) rCy THIS. PrRM NOT to RETURN APPRISAL FEES OR T APPRATSAr, FEES AFTER A MARKET ALUE WAS GIVEN To YOUR I PED By YOUR OFFICE YESTERDA WAS THERE, T Dp AP’ MR, MRS. MAKOWSr ‘ AS GOING to BE A PROBLEM GETTING PROPER PA DON SAID ALL HE NEEDED WERE NUMBERS, SINCE THESz APPRAISALS WERE ‘NOT CANCEr, UNTIL you RECEIVED THE NUMBERS 1+ CANN FEES THE APPRAISAL, WILL BE FORWARD To YOUR ne TQATDs ADMINISTRA EXHIET @ IP . od ne PAGE of OF. May 27, 1999 TO: SUSAN STEPHAN FROM: CAROLE DONOHOO, Licensed Mortgage Broker Olde Oake Mortgage Services THIS IS IN REFERENCE TO THE FAX THAT I RECEIVED FROM YOU - TODAY. AS YOU KNOW, I RESPONDED TO YOUR FAX BY CALLING YOUR 1 "It is the policy of this firm not to return appraisal fees or request appraisal fees after a market value was given to your office. I stopped by your office yesterday afternoon and no one was there." The market value of your appraisals was not the reason we requested you return the appraisal fee to the Makowski's. After getting the market value on the fax, I responded by sending you a fax to give you directions to my office in order for you to deliver the reports and said to call me on my cell phone if you were unable to deliver them. At 5:30 PM when I had not received them or had a call from you, I then called and left a message on your answering machine and faxed you a letter Stating that your services were no longer needed. Basically, I just gave up on your ability to follow through on your obligations. My questions to you is - when you got the fax telling you to return the fee to the Makowski's, why didn't you call me to make arrangements to deliver the appraisals? Why did you wait until the next day to send a fax refusing to refund the fee, but still never saying that you have the completed reports. It leads me to believe that the reports were never done. Whatever your reasons, it is really not important at this time. The Makowski's are in foreclosure,so another appraisal at this late date will not do them any good. I had to call another appraisal company to do the work for Mr. Slack, something I should have done last week when you repeatedly ignored returning my telephone calls. 2. "I do not do appraisal for pre-determined values. I know you requested Mr. Slacks appraisal to be at least $88,000 and Mrs. Makowski told me she needed $166,000 or the appraisal did not need to be done." I faxed you the names . | . AOMINISTRATIVE COMPLAINT EXHIBIT 77+ E______,,_— PAGE {oF _ i -_ VY ww) - addresses, PCN, and the amount of the loan we were doing along with special instructions for photos on the Makowski property. At no time did I tell you that the appraisal had to be for a certain amount. I told you that our new office would be dealing in new purchases, and we were hoping to do 80% loans on refinancing. With Mr. Slack, I asked you how you would treat the fact that he had a minor roof leak and was planning on using a portion of the loan proceeds to pay for it. Since you had not seen the damage, you said it would be difficult for you to make any determination. I said to do the best you could do. As far as Mrs. Makowski's remark, I have no knowledge of that statement, and what she said to you has no bearing on our business arrangement. 3. "You are the client Mr. and Mrs. Makowski are not. " That is precisely why I am requesting a return of the fee. As of May 26, 1999 at 5:30 PM, we had not received any work from you after continuous promises. So if we are the client, have never received the reports, then you should not be charging a fee for work not done. 4, "I felt that this was going to be a problem getting proper payment when Don said all he needed were the numbers. Since these appraisals were not cancelled until you received the numbers I cannot return fees. The appraisal will be forwarded to your office.." Since you had already received payment on the Makowski's - why did you think it would be a problem getting paid. YOU WERE PAID IN ADVANCE !!¥4 Don needed the numbers so he could do some of the preliminary paperwork for the lender, but he still couldn't send the packet to the lender until he had receipt of the final report from you. (Just in case you're not aware of this, the complete appraisal has to include 3 comps showing the adjustments values (plus or minus), floor plan, pictures, and host of other pertinent data substantiating the desired loan. There is no way a closing could ever take place using the market value received via a fax.) I responded in #1 to the accusation that we canceled when we got the numbers. NO, we cancelled when we still hadn't received the reports and did not hear from you. There is no need to forward any appraisals to us. We can't use them. The above information was compiled to send to the Makowski's to help them in the return of their property appraisal fee and to also use as documentation of incorrect statements made in the fax from Appraisal Depot, Inc. This information along with all faxes received from Appraisal Depot, Inc. and sent to Appraisal Depot, Inc. in reference to Walter & Bonnie Makowski and Frances Slack.will be made available to the Better Business Bureau, the Department of Regulation, and Small Claims Court. C ~ VU ww) APPRAISAL DEPOT, INC. “ aR DATE: _5/28/59 | TIME: 2:00 P.M, PLEASE DRLIVER THS FOLLOWING PAGES TO: NAME : CAROLE DONOEOO PAX NUMBER:, 881-9906 FROM: SUSAN J. STEPEAN FAX.NO. | (561) 745-0709 TOTAL PAGES INCLUDING COVER PAGE:_1__ IF YOU DO NOT RECEIVE:ALL PAGES, PLEASE CALL (561) 746-6348 STL kd d dedihihatatatatiodadedatededadededuta dadedatatatnedaabadadatatedehedehsdesdekadabihabihotedeltetedetsdehetak dda ke ha kakedd a A IN REFERANCE TO YOUR FAX. THESE APPRAISALS HAVE TRIED TO BE DELIVERED TO YOU AND CALLS HAVE BEEN MADE WITH NO ANSWER. I CANNOT DELIVER APPRAISALS TO AN OFFICE THAT IS NOT THRRE. IP YoU REFUSE DELIVERY OF APPRAISALS IT IS TO YOU OWN ACCORD. I HAVE NOT RECBIVED AN APPRAISAL FEE FOR MR. SLACK ONLY FOR MR. AND MRS. MAKOWSKI. THE APPRAISALS WERE NOT CANCELLED UNTIL YOU RECEIVED THE VERBALS AND THEN YOUR OFFICE WAS NOT OPEN FOR DELIVERY. AGAIN I STATE YOU ARB THE CLIENT MR. AND MRS. MARKOWSKI IS NCT OR IS MR. SLACK. SUSAN J. STEPHAN ATIVE COMPLAINT eH ED ‘ohn da Item N°_ @@ oe we Board Member Department of Business and Professional Regulation, Division of Real Estate, Petitioner; vs. Susan _Stophau. agg a4 BY Respondent(s). / FOR FLORIDA REAL ESTATE APPRAISAL BOARD AGENDA

Docket for Case No: 00-003091PL