STATE OF FLORIDA DEPARTMENT OF BUSINESS & ete isa kG FLORIDA REAL ESTATE APPRAISAL FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, . v. ° CASE NO. 2000-83162 ROBERT L. POHLMAN, O>- 66(2 PL Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Robert L. Pohlman (“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 of the Florida Statutes, and the rules promulgated thereunder. 2. Respondent is currently a Florida state-certified residential real estate appraiser having been issued license RD56 in accordance with Chapter 475 Part II of the Florida Statutes. 3. The last license the State issued to Respondent was as a state-certified residential real estate appraiser at 2629 West 23™ Street #A, Panama City, Florida 32405. 4. On or about October 19, 1998, Respondent and Larry E. Jacks, who was a registered FDBPR v. Robert L. Pohlman Case No, 200083162 Administrative Complaint assistant real estate appraiser, developed and communicated an appraisal report (Report) for property commonly known as 506 Maine Avenue, Panama City, Florida 32401, (Subject Property) and estimated its market value at $48,500.00 as of October 19, 1998. A copy of the Report is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. Respondent signed the Report as supervisory appraiser and indicated that he did not inspect Subject Property. 6. The Report contained the following errors: a. Indicated that the zoning description of Subject Property was residential and that the zoning compliance was legal, when in fact the zoning description was general commercial and its compliance was as a legal non-conforming use; b. Failed to indicate the specific zoning classification for Subject Property; c. Indicated that site view of Subject Property was “homes/canal,” when, in fact, there is no canal located near Subject Property; d. Failed to contain information relating to Subject Property’s proximity to an automotive company’s storage yard, which was located adjacent to Subject Property; e. Indicated an incorrect calculation for depreciation of Subject Property in the cost approach analysis; and f. Indicated in the description of improvements for Subject Property that there were two porches with a total square footage of 230, but the sketch addendum indicated that the total square footage for the two porches was approximately 153 square feet. FDBPR v. Robert L. Pohlman Case No. 200083162 Administrative Complaint 7. In the Report, Respondent indicated that the data sources supporting the sales comparison analysis for Subject Property to the comparable sales were by inspection of Subject Property and public records for each of the comparables. 8. In the Report, Respondent indicated that the sales comparison approach was given the most consideration in the Report. 9. On or about November 15, 2000, and November 16, 2000, Petitioner’s investigator obtained a copy of the workfile from Respondent’s office. 10, Respondent’s workfile contained insufficient data to support Respondent’s adjustments for the comparable sales in the sales comparison analysis, in that there were no public records data or other data to support the adjustments within the workfile. 11. The workfile contained no evidence that Respondent verified the data sources. 12. Ina letter to Petitioner’s investi gator, dated August 22, 2000, Respondent indicated that the zoning for Subject Property was correct, as stated in the Report, in that Subject Property was zoned residential and was a legal use. A copy of the letter is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 13. At the time Respondent transmitted the Jetter to Petitioner’s investigator, Respondent’s workfile contained a letter from the City of Panama City, Department of Land Use & Code Enforcement, indicating that Subject Property was located in an area zoned general commercial and was considered a legal non-conforming structure. A copy of the letter is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. FDBPR v. Robert L. Pohlman Case No. 200083162 Adminisuative Complaint 14. During the investigation, Respondent provided to Petitioner’s investigator additional information regarding the comparable sales analyzed in the Report. 15. During the investigation, Respondent described the fence on Subject Property as chicken wire. 16. Information Respondent forwarded to Petitioner's investigator indicated that the fences on the property of comparable sales one and three were chain-link and that the fence on the property of comparable sales two was a wood fence. 17. In the Report, Respondent failed to explain or adjust for the differences between quality of the fences of the comparables and Subject Property. 18. In the Report, Respondent indicated that the construction of comparable sales one and three consisted of brick veneer and that the construction of comparable sale two consisted of brick veneer and wood while Subject Property consisted of metal siding. 19. In the Report or addenda, Respondent failed to explain or adjust for the difference in the quality of construction between the Subject Property and the comparable sales. 20. Respondent forwarded information to Petitioner’s investigator which indicated that comparable sale one included a utility shed. 21. In the Report or addenda, Respondent failed to indicate or adjust for the utility shed. 22. In the Report, Respondent indicated that comparable sale two was cooled by a central heating and cooling unit and made a corresponding adjustment for this feature in the sales comparison approach. 23. In the public records information Respondent forwarded to Petitioner’s investigator, 4 FDBPR v. Robert L. Pohiman Case No. 200083162 Adininisuative Cumptaint comparable sale two was heated and cooled by wall air conditioning units. 24, In neither the Report nor addenda did Respondent explain the discrepancy between the public records and the Report regarding the cooling system utilized for comparable sale two. 25. Respondent’s workfile contained information that there were holes in the walls and ceiling for Subject Property. 26. The Report failed to contain information regarding the holes in the walls and ceiling. 27. The above-stated errors resulted in an inaccurate and misleading appraisal report. COUNT I Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, culpable negligence, or breach of trust in any business transaction in this state or any other state, nation, or territory in violation of Section 475 -624(2), Florida Statutes. COUNT II Based upon the foregoing, Respondent has violated a duty imposed upon her or him by law or by the terms of a contract, whether written, oral, express, or implied, in an appraisal assignment in violation of Section 475.624(2), Florida Statutes. COUNT I Based upon the foregoing, Respondent has violated a standard for the development or communication of a real estate appraisal or other provision of the Uniform Standards of Professional Appraisal Practice in violation of Section 475.624(14), Florida Statutes. COUNT IV Based upon the foregoing, Respondent is guilty of having failed to exercise reasonable FDBPR v. Robert L. Pohlman Case No. 200083162 Administrative Complaint diligence in developing an appraisal report in violation of Section 475 .624(15), Florida Statutes. COUNT V Based upon the foregoing, Respondent is guilty of knowingly concealing any information relating to violations of Chapter 475, Florida Statutes in violation of Section 475.626(1)(g), Florida Statutes. 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 of the Florida Statutes, 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 Section 475.624, Florida Statutes and Rule 61] 1-8.002, Florida Administrative Code. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, 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, 6 FDBPR v. Robert L. Pohlman Case No. 200083 162 Administrative Complaint 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. (1999) and Fla. Admin. Code R. 61J1-8.002. _ SIGNED this_7_ dayof_ 77 @4“ , 2002. Department of Business and Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER Stacy N. Robinson Pierce Fla. Bar No. 182796 FDBPR-Division of Real Estate Legal Section 400 W. Robinson Street, N308A Orlando, Florida 32802-1772 (407) 481-5632 (407) 317-7260 - FAX PCP: MC/CK/JB 11/02 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, is not available for administrative disputes involving this type of agency action. 7 FDBPR v. Robert L. Pohiman Case No. 200083162 Administrative Complaint 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 of the Florida Statutes; 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. 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. NETWORK APPRAISAL SERVICES. File No. 010045 October 26, 1998 Homestar Mortgage Lending 5728 Major Boulevard Suite 600 Orlando, FL 32819 File Number, 010045 In accordance with your request, | have personally inspecied and appraised the real property at; 506 MAINE AVENUE PANAMA CITY, FL 32401 The purpose of this appraisal is to estimate the market value of the subject property, as improved. The property rights appraised are the fee simple interest in the site and improvements. In my opinion, the estimated market value of the property as of OCTOBER 19, 1998 ig: $48,500 FORTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS The attached report contains the description, analysis and Supportive data for the conclusions, fina) estimate of value, descriptive photographs, limiting conditions and appropriate certifications. Larry &. Jacks: 0004175 7651-A ASHLEY PARK COURT, SUITE 402, ORLANDO, FLORIDA 32835 407-294-9750 - RUBE LH UIILIMAN, 914 Property Desesiption UNIF. A RESIDENTIAL APPRAISAL RE. RT Eile No, 010045 Pioporly Address 506 Maine Avenue _ Cily Panama City State Ft. Zp Code 32401 _ Legal Description Lot 9 Block O, Pinecrest Addition County Bay ~ Assossar's Parcel No. 22694-000-000 Tex Yoar 1997 RE Tans § -O- Special Assessmonts $ 1 10 fA Borower Alberta W. Williams. Curent Owner Alberta W. Williams Occupant: XT Owner Prenant Pr Proporty rigts appraised [X] Fee Sunpto [|] teasohoia Project type |_| PUD [ Condonsnium (HUBIVA only) HOAR fe] Neighborhood o Projact Name Panama Cit Map Roference 123.07 Census Tract 6015.11 Sate Prue $ NIA. Date at Saie NZA Dyscriphon and § arrount of an charges/concessins to be paldby sees NTA LenderiCignt_ Homestar Lending Mortgage Corp. addess Appraiser Larry E. Jacks Address 2629 West 23rd Street, Suile A, Panama Chy, Fi, 32408 J Location (J urean X} Suburban [_] Rural Predominant | Single family housiny | Pracant land uso % |Land dee change Built up ove 75%) 25-75% ner 20% | eecupancy Rice AGE Jona tamiy _ 80% | () Not ikely J Lely Growth rate Rapid Stable slow owner 30 Low 5} 2-4 tarnily 5% {n process Proporty values (_) inxeasing [X) Stadio Dedtining Tonant 75 High 80 | what-tarty % | To: . Demandisupply (7) snortago — (X} ipacren Overs | 1X) vacort(os%) [EU Precominam Conunercial | Marketing lime Under 3 mos. (X] 3-6 mos. Over 6 os, acer ova 4) 40 AO Vacant, 5% Note: Race and tho racial compoaition of the neighborhood ara not appraisal tautoce, Neighborhood boundaries and characteristics: Nosth Highway 77. ~ - 11th Street, South - Cherry Street, East - Transmitter Road, West Factors that affect the marketabilly of tha properties in the neighbarhood (proximity to omploymant and amenities, There were no apparent unfavorable factors which would affect the marketabitit neighborhood is convenient to all areas of employment, public parks, schools a Markel is average to good, and is based on price, location and stability , employment stability, appeal to maraut, cle y.of the subject neighborhuod. The ad shopping areas Appeal ty the NEIGHBORHOOD: Market conditions In the subject neighoorhood (including support fer tho above vonclusions related fo tho Vong hating Of property values, demand/supply, and mathating timo “auch as data on competiva properties for sale in the neighborhood, description of the pravalance of sales and linancing concossions, ete » An Average and typical amount of listings is found in this Neighborhood. No sales or financing concessions were noted, Sales to asking price ration is 90%,_ The average length of time to sale is 180 days. Tread of propuily — values is stable based upon sales in the aiaa fey Prolect Intormation for PUDs (Il applicable) - Is the dovsloper/buildar in contol of tho Hoine Owners’ Aseaclation (OA)? Fra Aprvoximate total number of units in the subject project Approximate tatul number af units for sate 1a Ihe subject project _—_ Describe common elements and recreational laciitias: Dimensions 47* X 160° ‘Topography Al Grade Leve Site wea 7520 Sq.Ft, Comet Lot LJ] vos [x) No | size Typical for area ‘Specific zoning classification and Ipion Residential __ Shapa. Rectangular | Zoning compiance [x] Leyat _{} Legabnonconiormang (Geandiatnored veo) [) og No zoning Drainage Appears adequ heat & best use as Improved: [x] Prosent use Othor use (explain) View Homes/Canal Utilities Public Other Off-site Improvoments Type Public Private} Landscaping Average fy Elocuicity x Steet Asphalt x Orvoway Surace [Gas Curbiguiter None Appatent easements Water x Sidewak None A LJ | FEMA Spocial Flood Sanilary sawer Septic Steet ignts Halogen xX) () } Fema zone C Storm sewor Aly None [] | tet Map No. 120072 0010D Comments (apparent advarse easements, encroachments, special assessments, side areas, itogal or legal nonconforming Zowmng, uso, otc.) adverse easements, encroachments, special assessments or slide areas. Use is legal and conforming GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT INSULATION No. of Units. One Foundation Conc. Blk Slab No AeaSqFi. None Root No. of Stories One | Exterior Wals Metal Sdg._} camspaa Yes. %Funishod None Ceiling Adeg, Typo (Det JAI) Detached] Root Sutuce AIS Basement No Celting None Wats Adeg Design (Style) Rambler | Gutters & Ownspts. None ‘Sumrp Pun No Walls None. Floor I ExistiigiProposed Existing | Window type Alum. S/H | dampness None noted | flo None None fi} Aye (Yes.) 51 Years | stomsaeens Yes Sattloment None noted iside Enty None asnown is Ettectva Age (vis) 45 Years | Manufactured House No Infestation None App Fa ROOMS Foyer_| Living {Dining {Kitchen [pon | Famiy Rin] foc Rm, | Bedoons | eGane | imnay ] One TT ‘Noa 5 Hd Basement . Fed Levelt 4 1 3 1.0 fe} Level 2 3 17d Finished aa above grade contains 5_ Rooms; 3_Bedroom(s): 1 Baty). 967 Squate Feel of Grass Living Area Hy INTERIOR MaterialsCondilion HEATING KITCHEN EQuIP, ATTIC AMENITIES CAR STORAGE: fH) Floors CptfVin/Avg.- Tye Space | Retigerator — (P}| one (.) | Frepacersy® i. None [X) fs} Walls Drywall/Avg.- Fue Gas RangelOven [X}} Stairs [} | Pate f Garage Hoateas, TuFinish ~— Wood/Avg.- CondtionAvg Cisposal Drop Star (_] | Deck {| attache Batn Flo = Vinyl/Avg.~ COOLING Oishwasher J] Souttie IX} | Poon 230SF/2_ (X) | petachod Bath Wainscot FG/Avg.- Central WACU | FantHood 1X} | kao | Fenco Ec Buitt-In . Doors WoodiAvg Omer None | Micowave — {F)} Heateu (2) | Pot Carpart ConduenAVg washerOyer [P]| Finished [] Driveway Additional featues (special energy etficient items, ete): (nSulation Condition of the inprovemants, depreciation (physical functional, and external), repairs neaded, qually of construction, romoduling/additons, etc.: Min cosmetic sprucing is being noted above. This is considered minor in nature and will be considered in the S.C.A. The condition of the improvement is Average, with normal depreciation Adverse environmental conditions (suéh as, but not limited to, hazardous wastes, toxi iC substances, etc.) presen in the improvements, on the sile, or in the Immodiate vicinity of the subject property, fiesta unctan Ta on PAGE 1 OF 2 ‘Fanta uee Form 1006 69 ‘es ham na raced wn Al UetrtHap me a 293722 : vate Vaiuation Section UNIF. “RESIDENTIAL APPRAISAL RE, JRT Fite No. 010045 LSTIMATED SITE VALUE, . LS 410,000] comments on Cost Approach (Such as, source of cost culimato, ESTIMATED REPROOUCTION COST-NEW OF IMPROVEMENTS site value, square foot carcutation and for HUD, VA and FmHA, the Dweling 967 sqrt @s_ 45.00 = 5 43,515 estimated remaining econoanic iife uf the property): 8q.F. @S. s The Marshall and Swift cost publication is utilized in Appliances/Utility Shed _ the estimated reproduction cost approach to value F'4 GaageCapat O Sq. Fl @S 0 Est, Remaining Economic Cife 35 yrs. to 40 Vrs. FY Total Estmated Cost Now : Est, Remaining Physical Life N/A Yrs_N/A [Fy Less Physicat | Functional | Externat Land value is derived from vacant land 5 Deprcoaton $10,501} 0. area, Deprecated Vatue of improvements "Asia! Veluu of Site Imyrovenents INDICATED VALUE BY COST APPROACH ITEM ‘SUBJECT COMPARABLE NO_T a COMPARABLE NO. 2 506 Maine Avenue 904 Addoss Panama City Greentree Road Nottingham Drive: Greentree Road__ Proximity to Subjact_ [SPR 18 Blocks Northeast ¢ Blocks Northeast 8 Blocks Northeast Salas Prica $ See MND § 48,400 Patina egret g 95,000 Prioatross tiv Wea _|§ $54.50 gi $ 46.30 Data anafor Inspection Public Records Public Records Public Records Verification Sources. ORB 1803 Page 2072 ORB 1798 Page 1371 ORB 1782 Page 115 VALUE ALJUSTVENTS |_ DESCRIPTION DESCRIPTION +64 eran DESCRIPTION seotadamet [DESCRIPTION [ay Sales or Financing i ‘TConv, H Conv, i FHA H Concessions None Known _! |None Known + None Known _. Date of Saiertime [N/A 3] 7/1/98 A 6/5/98 A 3727198 ‘ Location Average Average i Average : Leaersfoe Seo [Fee Simple “|Fee Simple Fee Simple . Site Average Average. fi Average _ _ View Interior interior a Interior i Interior Design and Appea | Avg/1 Sto Avg Story eae i Opi ol Consnsion _[Avg/MetalSdg. [Avg/BV ‘ |Avg/BViWood + ge 51 Years 32 Years A 71,425 \36 Years | )j 32 Years fy Average (-) Average H ~1,000)Average i 0} Avera ‘Above Grade Tot tan! ans [tay S poms pyre ty Bans | tan | wot wa Foam count Pe 3 tools" 372.00! = -1,000f Bt 3! 7-00; st at Gross Living Aroa 967 SqFt 975 sari 160 888 sqrt 1580, Basement & Fristed [None None ' None : Rooms Below Grade | None None { _|None i Functional til Average Average i Average H EY reniniccovg | Space WACU Space WACU CHIGR i500] fe Eno Entoertitene Insulation psulalion i tr sulalion __t 5 Gaage!Carport None 4CPIT i -3,00017 Carport i ~1,00' Bea Pato, Ook, |2 Porches yPorch “500 Pach ; “500 Ml Frepiaca(s) etc | Utility Shed None j___-2,000| Storage Shed | No Adj Fence, Pool, ote. Fence Fence i Fence ‘ Not Ad. (total) + - 1s 4,085 2,545 Adjusted Salos Pica vse G Oe | ‘ of Comparable . FABIO% 3 § 46,915 45,855 . 3 Ag OS Forme ts on Sales Comparison (including the subject property's compatiblity to the neighborhood, aie). The subject is compatible to the Neighborhood. The comparable sales are those which reflect the market characteristics of the subject.” Equal_ consideration is given to all three comparable sales. .. . . ITEM SUBJECT COMPARABLE NO. + . COMPARABLE NO, 2 __COMPARABLE NE Date, Price and Data | None None None None Source lo parr sates | None None None None wihin year of appraisal | Public Records | Public Records Public Records Public Records Seve of any current agreement of sale, option, or isting of tha subject property and analyns of any pix sols ol suyect ad carnparates win ano yo ore dats ijt Subject is not listed for sale. Subject has not sold during the past year. INDICATED VALUE BY SALES COMPARISON APPROACH Wil noicaten vaLue By INCOME APPROACH Applicable) Estimated Market Rent § 7 i" AB Si] NVA iho. xGross Reni Maligter N/A = 5 NA This appraisal is made 1) sitject to te repais, alterations, inspections cx condilons fisted bow Conditions of Apgraisat. This is a Complete Appraisal/Summary Report. See the attached sketch {J subject to completion per pions and spats nn 20d lunting conditions, and market value definition that are stated in the attached Freddio Mac Farm 430/Fannie Mae Form 1004 (Revised 6/93 } HWE) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE REAL PROPERTY THAT IS THE SUBJECT OF THIS Report,asor October 1), 1! (WHICH IS THE DATE OF INSPECTION AND THE EFFECTIVE DATE OF THIS: REPORT}TOBE$ 48,500 Pe it poche port, based o” ho above conditions and the oertfcalkn, oontngenL SUPERMIS\ PRAISER JONI RED): Signatura SPAT « WXloa Net £. Name Larry E. Ja@cks ” Name Robert L. Pohiman, SRA Inspoul Pagjacly Dale Report Signed October 19,1998 Dato Report Siuned October 19, 1958 Slate Certiicstong St.Reg RI #0004157 State FL. Stale Cortiications St.Cerl Res. REA #0000056 Or State License # Stale Or State License # Fretia Mac Fam io ox | TT SOTTS PAGE 2 OF 2 Wi nous rac nt A Osram Rn aa O25? Baba! Dablman SOA TSUN Far ered L:' Mus te SKETCH ADDENDUM Borrower! Chiont ‘ALBERTA W. WILL TAMS~ Property Address 506_MATNE NUE. Ciy PANAMA C1YY County MAY — Zip Gove 32401 Lender HOMESTAR MORTGAGE ns - SS j bia : : j | i i | i : Y ! : i ‘ ! | ! \ ' ‘ | | : ; : ' ' ! H ! ‘ | \ i py : ; | : : : : : | ' i i i ' i : i ! ! i i Hl i | i 1 | : : : 1 1 ! 1 : j i I 1 fl i f i ' 1 1 ' i | \ } ' : ! : | ' i | ; : : : i . | i i | thi Joi pee! pedis frei i ' H i i he \ \ Bhs 1102" : ! oe ae ! : : i { ; a a : : i : : uo ' S1atom | i i : : ; 7 i : : : is : : i i : i : ba ' BEDROOM ' “" DENING | Barn! : ' : a : AREA ' | — | : . i ‘ ‘ Rape een nee SG : i ani | actual 7 ee : “erent 22's" : : i : : ‘ a + : aa | \ i | _ BEDROOM ! ! i ' \ | i : iPAMLL vorca |yqr : i ' \ : | ROOM: i ! | , | : ; | i 2472" l i 1 i ' i i . ' ‘ : ; ; : ! isa | 1 | t { P| 24.47" 132.42)" X Lim 784 Su. : fet H ' i 17" Xi22.42:' X 1'= 183 S.F. | tad he t '= 967.S.F. } : 1 1 } : 1 | | : : in i tora AREA » 967 SQUARE FEET i i : ‘ t ' Hi t i ! i no i i i ' ! : ' ! i ' } | ' : ! | | i i i ! i i ro ' | ! \ 1 ; ! | | ! | ; ‘ ! : ' mo ' : : i ! ‘ ! ! ' i 1 i ' i : | i i i : ‘ : ! : ' iy ; : m : 4 i i : i -| - | : i i i | i ' ! | Vo boot | i ‘ : i r : | | | : : { : : : a ; : : : | : Dae : : 7 f LOCATLON av FES [orace & HARRISONT ES GAACE COMPARABLE SALE #1 #2 ahumanor PANAMA ciry, SPRINGFIELD, CEDAR G OV! aa alo Mass: Be Towner es 7¥ MaGanthur ay’ (ee AMO Ha RANGE Ta &, MILLVILLE ©1995 MaPBouce, St Poloisturg, FL M cn a5 TOWNSHIP os Ss. -¥T PROPERTY PHOTO ADDENDUM HorroweriClent: Albena W_ Willams File No. OTO0O4S Property Address 506 Mainé Avenue Case No: City, Panama City Slate. FT. Zip, 32401 FRONT VIEW OF . SUBJECT PROPERTY Appraised Date: October 19, 1998 Appraised Value: $ 48,500 REAR VIEW OF SUBJECT PROPERTY STREET SCENE co. NABLE PROPERTY PHOTO ADDENDI Borrower/Chent| Alberta W. Willams ~~ File No: 010045 Property Address:506 Maine Avenue _. Case No. City, Panama City State: FI Zip: 32401 COMPARABLE SALE #1 930 , Greentree Road Sale Date: 7/1/98 Sale Price: $ 54,000 COMPARABLE SALE #2 904 Nottingham Drive Sale Date: 6/5/98 Sale Price. $ 48,400 COMPARABLE SALE #3 917 Greentree Road Sale Date: 3/27/98 Sale Price: $§ 55,000 ROBERT L, POHLMAN, SRA 2629 WEST 23" STREET SUITE A, PANAMA CITY, FL. 32405 (850) 769-3421 - phone (850) 763-1805 ~ fax Mr, Benjamin F. Clanton Dept. of Business and Pro, Regulation 7944 Front Beach Road Panama City Beach, FL, 32407 August 22, 2000 Dear Mr. Clanton: Re: DBPR Case 4 2000-83162 Robert L. Pohlman . 1. The zoning for the subject is correct as ated. White the site is designated as General Commerciat use, the stated use of the site is as a single fi unity detached home. See the Attached Comprehensive Planning, Land Development code for Panama City, Please note section 4.6.3., sub section A, 2. Within the same block of the subject there are same 10 residential homes. Within { block East and South of the subject there are some 20 homes which are residentiat properties, As examples of these homes, please see the attached photographs. As seen from these photographs, the neighborhood of the subject is definitely residential, 3. The complain located on bu highway 98, states that “we have also been advised that the property is ess 98.” This is misleading, as the property is not located on 4. AS seen from the attached plat of Lot # 9, Block O, Pine Crest Addition, the Subject is located on what was Bay Avenue ( Now Maine Avenue) and itis not located on Highway 98, 5. As seen from the complaint, Bay Financial Savings Bank acquired title to the subject on 2/12/99. The Properly was sold on 7/20/00 for $ 20,500.00, The brokers price opinion was given as of 1/18/00, The time period from 2/12/99 19 7/20/00 is an elapsed time of some 17-18 months, The date of our appraisal is October 19, 1998. Therefore, the time between our appraisal and the broker price opinion is some 15 months. The bank was therelore in control of the : 1 mea . " subject for some 17-18 months before filing the complaint. During this tine we PAGE | OF did not receive any contact from By ancial ef 6. The broker price opinion is dated 1/18/00, As the bank acquired Possession on 2/12/99, what was the condition of the home as of the date of the broker opinion? This could very well have a significant impact on the price of which occurred more than 15 months after the effective date of the appraisal, The attached ILS # [81010 states that the subject “needs work” and is a “fixer upper”, 7, The price opinion of the broker is shown as some $ 29,000.00 (0 $31,900.00, I is stated that the property was sold on 7/20/00 for $ 20,500.00, This figure is substantially lower (han the broker price opinion. I is well below market value for homes in this area, 8, Attached are sales data for homes in the area (within 16 blocks of the which re-inforce the concept that the broker opinion and the sales pri below market value for homes in his area, hjeet) care well 9, The complaint stipulates that the subject was sent a letter on 3/10/00, concerning this matter, We did not receive a letter from (his entity. Further we have no record of a telephone catl or a facsimile from (the company / person stated, We have no evidence of anyone from this company trying to establish contact with our firm. 10, The house directly across the street from the subject is also a residentiat dwelling unit, Tu summary: 1. The residential zoning is proper for the subject in that it is area, 2. The subject is nop located on Highway 98. 3. As to the matter of ownership, the company acquired title 2/12/99, subject for $ 20,500.00 on 7/20/00, some 17-18 months afier abt title/interest, The condition of the subject during this t determined from the data submitted, Ue sold the ning period could not be 4. We have attached comparable sales in the area of the subject. These sates ave indicative of value for the subject. S. We therefore request the comptaint be dismissed. T appreciate the opportunity to respond to your letter of August 18, 2000. Should further information be needed, please advise. “Kelot L Pdlbnn Robert L. Pohlman Aug-1G-00 02:1GP PC CNG & LAND CITY OF PANAMA CITY Department uf Land Use & Code Enforcement 0. Box $850 © Harrison Avenue r. Pename City, Florida 32402-1880 et (850) 872-3625 Wow cltyofpanamactty.com (850) 3077 August 16, 2000 Robert L. Pohiman, SRA Atto: Mr, Larry Jacks P.O. Box 1026 Panama City, FL 32402 Re: $06 Maine Avenue The property located at 506 Maine Avenue, having a legal description of Lot 9, Block © of Pinecrest Addition, Bay County, Florida. is located in an area which is zoned General Commercial. Any existing single-family detached residential structures that were built on the Property prior to adoption of the Land Development Regulations in 1992 are considered legal nowconforming structures. New single-family detached residential structures bnilt after that date would require a Conditional Use from the Planning Board and City Commission. Also, if the existing structure is ever removed, a Conditional Use would need to be obtained prior to another single-family residential structure being built on that situ. Tf you have any other questions, or if I can be of further assistance, please contact me at (850) 872-3025, Sincerely, ae EEE Charles Silky Plan Reviewer Sp/es/$06maine-rtp USC/CODG CN 8508723077 e O01

Docket for Case No: 03-000612PL