Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, FLORIDA REAL ESTATE APPRAISAL BOARD
Respondent: SUSAN J. STEPHAN
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Jul. 28, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 26, 2000.
Latest Update: Dec. 23, 2024
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; 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
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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
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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
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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
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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.
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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
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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: $66,000
PLEASE SEND THE APPRAISAL & YOUR INVOICE TO:
OLDE OAKE MORTGAGE SERVICES
8171 CHAUCER DRIVE
SPRING HILL, FL 34607
CONTACT PERSON IF NEEDED: DIANE OR MARY (352) 596-9800
HOPEFULLY, THIS WILL BE THE BEGINNING OF A GREAT
MORTGAGES, AND I ASSUME YOU WOULD LIKE TO DO A LOT OF
APPRAISALS !!!! ADMINISTRATIVE COMPLAINT
EXHIBIT 32 wy
PAGE l_ oF {
Licensed Mortgage Broker Business
Home Office: 7281 Sunshine Grove Road, Suite 111, Brooksville, Florida 34613 (352) 596-9800
mw wee Ve Mel ITP RR. ome yoru: - 94 T re Tete
_ APPRAISAL DEPOT, INC. Oat ~ “8D
P.O. BOX 4336, JUPITER, _TLORIDA 33468-8336 YROMR (S61) 746-6348 FAX (562) Tbe 20
4G
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DATR:_$/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
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‘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 ‘
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Home Office: 7281 Sunshine Grove Road, Suite 111, Brooksville, Florida 34613 (352) 596-9800
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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
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“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,
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- 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 |
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APPRAISAL DEPOT, INC. Dy “4 a
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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
Issue Date |
Proceedings |
Sep. 26, 2000 |
Order Closing File issued. CASE CLOSED.
|
Sep. 21, 2000 |
Motion to Place Case in Abeyance (filed by Petitioner via facsimile).
|
Sep. 01, 2000 |
Notice of Substitute Counsel (filed by N. Campigilia via facsimile).
|
Aug. 09, 2000 |
Joint Response to Initial Order (filed via facsimile).
|
Aug. 09, 2000 |
Notice of Hearing issued (hearing set for October 11, 2000; 9:30 a.m.; West Palm Beach, FL).
|
Aug. 09, 2000 |
Order of Pre-hearing Instructions issued.
|
Jul. 31, 2000 |
Initial Order issued. |
Jul. 28, 2000 |
Election of Rights filed.
|
Jul. 28, 2000 |
Administrative Complaint filed.
|
Jul. 28, 2000 |
Agency referral filed.
|