Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: DANA MARC DISANTO
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Fort Lauderdale, Florida
Filed: Oct. 01, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 10, 2003.
Latest Update: Dec. 23, 2024
«Sh ¢
STATE OF FLORIDA a3 te #m
DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION” £3
FLORIDA REAL ESTATE APPRAISAL BOARD, / Ay
8 fo
FLORIDA DEPARTMENT OF BUSINESS &
“PROFESSIONAL REGULATION, uy
DIVISION OF REAL ESTATE, oS
Petitioner,
v. CASE NO. 9983399
. + 9983709
DANA MARC DISANTO,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Florida Department of Business & Professional Regulation, Division of Real Estate
("Petitioner") files this Administrative Complaint against Dana Mare Disanto (“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 RD0000872 in accordance with Chapter 475 Part I of the Florida Statutes.
3. The last license the State issued to Respondent was as a state-certified residential real
estate appraiser at 1296 Camellia Lane, Weston, Florida 33326.
4. Onor about October 27, 1998, Respondent developed and communicated an appraisal
FDBPR v. Dana Marc Disanto Case No. 9983399
Administrative Complaint
report (Report) for property commonly known as 1318 Silverado Drive, North Lauderdale, Florida
(subject property). A copy of the Report is attached hereto and incorporated herein as Administrative
Complaint Exhibit 1.
5. During the course of the official investigation, Petitioner obtained an expert review of the
Report. A copy of the review is attached hereto and incorporated herein as Administrative
Complaint Exhibit 2.
6. The Report included comparable sales numbered one through three, which were outside
of the subject property’s subdivision. These comparable sales were smaller than units within the
subject’s subdivision, and the units within the subdivision were of similar age and lot size to the
subject.
7. The Report included four comparable sales with lot sizes approximately twice as large as
that of the subject property.
8. The subject property is an attached home without a garage. Comparable sales one through
three are detached homes with garages on separate lots.
9, The Respondent failed to adequately adjust the comparable sales for size, age, lot size,
and condition to the subject property.
10. The sales utilized by Respondent in the Report are therefore not comparable sales.
11. Comparable sales existed in the subject property’s subdivision that Respondent could
have utilized in preparing the appraisal report.
12. These errors resulted in overstated estimated market value.
FDBPR v. Dana Marc Disanto Case No. 9983399
Administrative Complaint
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 (1998) in violation of Section 475.624(14), Florida Statutes (1997).
ADDITIONAL ALLEGATIONS OF MATERIAL FACT
13. On or about March 16, 1999, Respondent developed and communicated an appraisal
report (Report 2) for property commonly known as 812 NE 92 Street, Miami Shores, Florida 33138
(subject property 2). A copy of Report 2 is attached hereto and incorporated herein ‘as
Administrative Complaint Exhibit 3.
14. During the course of the official investigation, Petitioner obtained an expert review of
the Report. See Administrative Complaint Exhibit 2.
15. Sales within the subject property’s subdivision ranged typically from $106,000 to
$142,500 from December 1997 to May 1999.
16. Respondent used sales in the Report’s Sales Comparison Approach that were from .
outside the subject’s subdivision.
17. The Respondent failed to adequately adjust the comparable sales for size, house living
area, and pool to the subject property.
18. The Respondent failed to adequately adjust for the garage in comparable sale number
three.
19. The Respondent failed to list and adjust for the garage in comparable sale number four.
20. The sales utilized by Respondent in the Report are therefore not comparable sales.
3
FDBPR v. Dana Marc Disanto Case No. 9983399
Administrative Complaint
21. The Respondent failed to properly calculate the estimated site value in the Cost
Approach, which resulted in a significant land value difference between the subject property and the
comparable sales.
22. These errors resulted in overstated estimated market value.
COUNT II ;
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 (1999) in violation of Section 475.624(14), Florida Statutes (1997). .
COUNT Ill
Based upon the foregoing, Respondent is guilty of having failed to exercise reasonable
diligence in developing an appraisal report in violation of Section 475.624(15), Florida Statutes
(1997).
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
4
FDBPR v. Dana Marc Disanto Case No. 9983399
Administrative Complaint
education courses; publication, or any combination of the foregoing which may apply. See Section
475.624, Florida Statutes and Rule 61J1-8.002, 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,
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__2 day of
——_
, 2001.
Professional Regulation
By:
Director, Division of Real Estate
ATTORNEY FOR PETITIONER
foxy 40 A ae : Sunia Y. Marsh
: L0 fs .. . .
20 / es Fla. Bar No. 0068896
FDBPR-Division of Real Estate
Legal Section
400 W. Robinson Street, N308A
Orlando, Florida 32802-1772
(407) 481-5632
(407) 317-7260 - FAX
FDBPR v. Dana Marc Disanto Case No. 9983399
Administrative Complaint
PCP: EC/LM/PA 10/1/01
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.
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 duce
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.
oe
PISO. : 7
Tale fea Sunpite ea
ase DANA DISANIO, ASA
Jtiw XT Suxetane
[x] ers Jasin f
‘ Cres (Xi sie fds
Picpaty vabies [2] mnoeasig (XP sutte — [" } dectinng
Nob
helghtorhood Lounvaries acd ¢
12 HOLLY OOD. FL 33020
Land ase chanyo
(K} terme Urey
1) to process
i housing Trresent land use
hau favedy
BA bundy
witty
i] shertage
yy (x) mussee [Joanne
» Race aid the tacial cov
EAST OF ROCK ISLAND ROAD Ati
Macket conuiligns in Ihe subject neighborhood (i
1 a6 data on coriyel Live propaties fa sae in thet
JARKET CONDITIONS APPEAR
Apposivale lotalamatsc alunos fr sate it tee subject project
To tad yy
Converter (J ves [Pte
sipton Rhy
ae
coujtance OO begat Leg ence cutetasadusay [egal [_] No roving Leenage
Hanes! $ vest use asieryceed. [X]Presont uso [ } Gimet use (eaptsiny wa
Utilities Otier LedLeapig
Elecuraty {venay Surface
as
“heater Spasial Fiood Nacaid
Zune “AL”
Sanitary eect
Stoo saaar J.
vents (apparent 6J-ersa easer
WERSE EASE:
RUSULATICH
Fondue
GENER ot
By ob Us sib CONCRE yh PVA | Rint
129 of Staies
Type det Patt) Roof Stace TARIGRAVEL| Busemait 1A Cog YA vals
Extarice Wats CBS GadSpoe HONG _| a seher N/A Ceting
Cre sija (Style) ass Bssepts ALUMINUM | Sarpfanp iS
EnsteypPteposed Window Hye
StanvSue
Intestats
Faced, Ri
tetgerate — (X] une
Cf ttangriOven — (X] | Sess
Leporal r,
Behaacher
ual ard
| eesonve
Meash coe yet
a2) COVERED ENIRY, PATIO.6 CEILI
tyre
Fu
&
cn
Cabal
eles
Capit
ig si as, Lat ne( iewitact to, hazardous wastas, losis subslancas, ete )
RSE ENVIRONMENTAL CONUL
iw the inapracameats, on the sita
QUSERVED ON THE SUBIEC
RECEIVED hamiey
FEB 15 200U
r hf
party: UO ADY
ws peata ASE
PAGE 10FD
UtHEORM RE!
‘A atel Fialtf ie
peti
UST HALUBUL
APPLIATE
Burcliciae Est
Dyeciba $13,559 [0 Oo”
Unpreuuted Yo
WDICALED VAI UE GY COST APPROACH. -
SUB ES
7316 SILVERADO DRIVE
Ades | LAUDERDALE _
dS
$ 7165 wife
ISCREOI
XTERMOR INSPECTION _
Ss 00
HISFECTION
DESCRIPTION Beer)
Sules cr Fansichig NONE KHOWHN
Conzersions.
Date of Saleffime
_|FEE SIMPLE
2300 SF
Atave Gade
Room Count
Goss Laney Aaa.
Doseient Salted
aos loa Guna
Functional Utty:
TCOVERED f
__| COVERED PATE COVERED PATIC!
BALCONY FEN
STANDARD
Hot Fy (totaip
5 Pie
~ Gass 0.5%
of Comparable, . $ 101,700] tat-_ -2.6% 96,000
Cont ents Ga Sates Comgasisan (insted 24 property's con patitity ty the nelshborhood, ele ) DMPARABLES UTIL GEDA
BEST, MOST SIMAAR RECEN] SALES | AVAIAGLE FROM VIEL THE $ SUBIELI SMARKE [AREA AND SiJULY DA
‘Q TIE SAME MARKET SEGME!
FACTORS AS THE SUBJECT. E
SUSIECT
TO PRIOR SALE | 719 PRIOR SALE
Voi Tuird ONE YR [Wat Ht ONE YEAR
ISCHES ISCNE! .
tof sale, option, of botany of thy gut ject pscpatty at J a
VARE OF All CURRENT AGREEMENT FOI SAL
| uoarepva UE BY INCRE APPROACHit! Arg io) Estunated Markel Ret S
Sljectb erepis ataateas. tq oul CO.
Tie purge sa of uns afraid is testa roe math Wa seal propesty Matis tha s:
sertisteg conditions adinahel save doftiton Wal ave stated i the alta ol FrodSa Lc Fer 430 antde Mae Prasn 1758 Re hed
Wee) ESUMATE THE MARKET VALUE, AS DEFINED, CF THE REAL PROPERTY THAT IS THE SUB JECT C# HIS REPORT, ASCP
(awcnis) of INSPECTION AND THE EF FECTIVE DATE OF HS REPORI)TO BS lay
AFPRAIS SUFERVISONY APPRAISE FRR (OLY IF RECTED:
ft Senate
TC. ASA __.
sf. 4 1027.93 i
ettivalon # 0000872
Or Sipta License 9 RECEIVER
Wetaraat tn STATE CERTIFIED
FEB 15 2000
PIVIRIOM Gr Gkal ApTare
sESIDEN TIAL APPRAISER BANOS 72
UNIS EE ter nee tnt
Fife No, 810143
vent 4 oh AMAL TA
7318 SANERADO ORIVE SiS PINE TREE LANE [8315S CO ~
HORTH LAUDERDALE FAMARAC FLORIDA NATH LAUDERDALE EL __! |
15 BLOCKS SW 20 BLOCKS SW _.
TA $106 000 $101,500 $ i
Ooo vs 60.02 2 56.58 U1 e900
INSPECTION |ISC/REDE iSCREDI
EXTERIOR INSPECTION EXTERIOR INS
VaLescastacrTs | pescripnen | _cescrpnon | iitananee | CESCRIPTION DeschuPTign | sitio
Sosa Francig |N/A NONE KNOWN NOWE KNOWN | i
Concessions N/A NONE KHOWN NONE KNOWN} i
Dots ct Suita {N/A 5/99 CLOSED _ 04/98 CLOSED} _| } _
Location AVERAGE AVERAGE ' _ : ~
LareckiFes Sagi FEE SIMPLE FEE SIMPLE + H
8300 SF +f 72.000 1900 SF +/- : i -
AVERAGE H _
2-STORY : ‘ _
AVERAGE 3
9 YEARS H 1,000 Ny ‘
AVERAGE H —
fan} Bawa} Bats} feta Gann f Bans,
, 632.00; aan
Geos tiving A203 1,782 Sqft._+ -3,100 ___ Sa, _
Basement 8 Fisted [NONE NONE Hl
Reoms Below Grace NONE NONE i i
: AVERAGE : AVERAGE : :
Peaivigioubing CENTRAL i CENTRAL H ; ~
Enea 3Eetoont rs | NONE ms NONE i |
NONE “|GARAGE-1 H =3 000 | NONE : me 1
COVERED ENTR| COVERED ENTR; COVERED ENTR: 1
COVERED PATIC| COVERED PATIC; COVEREO PATIC! _ . tt _.
Fease Poot ets BALCONY. FENCI| FENCE : FENCE H A __
KIT.EQUIP. STANDARD Hi
asooll t+ (xl. 1s aio0ll; [iis
Gress: 4.0% Gross: 0.0%
of Compasable Net $ 97,200 |Ner__-4.0% 3 97,400 | Net: 0.0%. $ a
Comments on Sais Compariscn (including tha subject geoperty’s compalbility lo the neighborhood, etc.
a
eet SUBJECT COMPARABLE NO. ¢ COMPARABLE COPE NE
Date, Frce and ata [HO PRIOR SALE | NO PRIOR SALE || NO PRIOR SALE
scuceksgeeesses | WITHIN ONE YR |V/ITrHIN ONE YEAR VATHIN ONE YEAR
wtinyect of seas [ISCNET ISCNET ISCNET
‘Anaijsis af any curanl ayeerent al sale, option, ca wsisy of the subject property and ‘daly 5 of any pre Sales cf S72 and compa bles wits coe yew Of ie Cuts 4 4p sed
ra)
COMPLAINT
PAGE 2 RECEIVED
FEB 1.5 2008
juyislod DE teal Epia. a —
foe
ADDENDUM Filo Ho, 810143
BORROWER: GAINER
THE SUBJECT’S REMAINING ECONOMIC LIFE IS ESTIMATED TO BE 48 YEARS. THE SUBJECT PROPERTY IS A
UNIQUE TOWNHOME FOR THE IMMEDIATE NEIGHBORHOOD. THE TOWNHOME IS A ONE OF A KIND PROPERTY
WHICH tS LARGER THAN ALL OTHER UNITS IN THE SUBJECTS DEVELOPMENT AND CONTAINS A BALCONY,
COVERED PATIO, LARGE COVERED PATIO, A SCREENED COVERED PATIO AND LAUNDRY ROOM WHICH OTHER
UNITS IN THE DEVELOPMENT LACK. THE SALES UTILIZED IN THE REPORT ARE COMPETITIVE WITH THE
SUBJECT PROPERTY.
RECEIVED
FEB 15 2000
PIWSION OF REAL ESTAT
SKETCH/AREA TADLE ADDEKDUM
File HoB1LCLAZ
Borrower/Client
s
o GAINES, | ALPHONSO
a | Property Address
rf 2318 SILVERADO DRIVE
e| ov County State Tip code
C NORTH LAUDERDALE. BROWARD FLORIDA 33068
Lender oa
1
1ST FLOOR
y3.4
2ND FLOOR
~ “13+
~
a
o
LU VENG
z- ROOM
ABOHAYT
3 BEDROOM
DINING KITCHEN ND
ROOM
Due mEnemeonmven
30.8 spc | BATHROOM
BATHROOM
STAIRS
BEDROOM STALRS
HENROON -
5 23.7
SCALE: + Inch
AREA CALCULAT(ONS — SUHHARY LIVING AREA CALCULATLOKS
Area Hame_of Aree size Totals Breakdown * + Sibtotol:
Lal First Floor 863.14 963.14 13,60 x 41,20 952.08
GLAZ Second Floor 715.7% 735.74 10.30 x 30.20 311.08
POR PATIO 107,20 0.00 x 30.20 0.0¢
PATIO 62.70 169.90 23.70 x 30.20 71S.7%
on COVERED ENTRY 118.50
LaUNORT 50.60
BALCONY 147.40 316.50
omayrenr>o
ATIVE COMPLAINT
1575
TOIAL LIVABLE (rounded)
RECEIVED
FEB 15 2000
ADMINISTRATIVE COMPLAINT Autres: ere
i . FEB 1 5 2000
Benn an sare caeeeneeterieet ve EAL ASTALE
Pe Mo cr |e
ul
aad
! a
TRATIVE COMPLAINT pou
RECEIVED
FEB 15 2000
Bisronwie UT LAL ESTATE
tl Ze
SUBJECT PROTEICEY PHOTO ADDENDENT
Hur duane
AVUSEMSS trad
dic tts BHOTNZ
TRONT VIEW OL
SUBJECT PROPERLY ATs
L318 STEVE RADIO DRIVE
NORTE LAUDERDALE. 1
Appwatsed: 10/27/98
AS
REAR VIEW OF
SUBJECT PROPERTY
SERERT SCENE
eee RIVEL
PRET 3 ue
vfs
ADM
mye
PAGE
VS PRATIVE
OMPLAINT
COMPAL MBI SAS ES PEDO EOE VEMESD IND
Pioneer (grab al Gir ag
BD ae BELEK Cots thats
;
1 ;
1 DAV ise the DP NGS rte
sents da
Mate ah sce
USE MOS Flt PVN USE IIS M84
brie. GLOLAS
COMPARABLE SALE 4
‘ :
916 MAGNOLIA AVEHUE
NORTH LAUDERDALE, EI
le Dates W2/98 CLASP LD
ie Priv 108,000,
COMPARABLE SALE #2
906 MAGNOLLA AVEHUE
NORTIELAUDERDALE, Hf
Sale Dates (4298 CLOSET?
Sate Prive: $98 600
COMPARABLL SALE #5
JA MADDY LANE
NORTH LAUDERDALE. 11
Sale Dade: 2/98 CL OST Ts
Sale Price: 207000
HLGETY
PEB ES
Lasigluet ye dia
uf «
COMPARABLE SALES PHOTO ADDENDUM
ppenisers & Consullants
29 Avene
109
33020
“1801
File No. 810143
COMPARABLE SALE #4
6181 PINE TREE LANE B
TAMARAC, FLORIDA
Sale Date: 05/98 CLOSED
Sale Price: $106,000
COMPARABLE SALE #5
8315 S CORAL CIRCLE
NORTH LAUDERDALE, FL
Sale Date: 04/98 CLOSED
Sale Price: $101,500
RECEIVED
FEB 15 2000
DIVISION Ye nenL BbIAL
uf 3:
tet D
bo pice which a property should bring iy aeompebtee and epen ina et
the buyer and sellet, each acting priontly $rasledyeably and acsimning the price is vol
definition is the consanustion of a sale as ot a specifind date and the passing of tite Tom
fetiarto buyer ender corubtians wherety: 1) tviyer al seller ave typically moitivaten (2) 4th pottias are well infuunve or ial advised,
anf each acting in what ions ls www bol inierest; (3) a to-vonatile line is allnwred (or exposure in the open trvrhel: (4) payroant
és sade its leitis of ca ass of feaicdal anangaluenis couparable Cetwtos and (b) tas pit
consideration for the prope ily sot anattecteal by specis! or creative financing oF sales canressions? granted by anyrne a
sale
DEFINITION OF MANKET VALUE: Heraret prok
tandar all cowatinns Lerquisl
affected by unhie
site i
tential
vcised wilh the
*Adjustiants to the £0 » anailo for speciat ot creative financing ox sates concessions. Ho adjustuieits ate necessary {nt
those cosls which are ritually paid ty sotiors as a tesa of bauilinu ota in amadel ai2a; these costs are teailly Wentifiahte since the
seller jays these costs at or vteative financing adjartinents can he made (y the compatable piopetty
by comparisons lo Financing terns offered by athind party insitaional lender thal is not alteaty involved in the property or transaction Any
adjustment should fot he calculated una mechanical doliag fox dollar cost of the Tivancing ot concession but the dritar amcunt of any
adjustiieal shonh! approximate the aikel’s 1eyetian ts Hue Linaneing oF roncesstons based on he appraiser's judguent
STATEMENT OF LIMITING CONDITIONS AND APPMAISER'S CEATIFICATION.
N
CONTINGENT AND LIMITING CONDITIONS: the appraiser's cerlificalion that appears inthe aypiaisal repo is subject ta the
following codons
1. The appraiser will aul be ce:
appraiser arsuines thal the title
cons the Lasig of it emg under taspansitle
nsible (or mattess af afeyal ature thal affect either Wg property being appraised cr the tile Io il, The
Lio awh therolore, will nol render any cy isians about thn tille The propedty is appraised
I report to show approximate. dirtansions cof the improvements and the sketch Is
Wy the property and understating Ne apptaisor’s delernination of its size
2. The appraiser has provided a sketch in the appiai
inetuded only to arsist the reader of the ceport in visuali
3. The appraises has exatnined the available thood maps that are provided by the Federal Einesgency Management Agency (os olher dala
sources) and has noled in the appraisal iopett whethes the subject site is located in an identified Special Cond Hazard Area. Because the
apyitaigor is not a surveyor, he ar she inakes on guarantees, expiess or implied, segarding Wis determination
4. Vhe appraiser will nat give lestimony oF appeat in cont because he ur she made an appraisal of (he properly in questtod, unless specilic
aulangaents lo do so have been inade beforehand
5. The appraiser has estimated the valur ihe laud inthe cost approach al ils highest and best use aid Ihe improvements al thelr
coulilulory value, Mase separate valuations of tke laid aad inprogeinents inst pot be used in conjunction wilh avy other appraisal and
ate invalid if hey are so used
6. the appraiser has nated in Ihe appraisal tepart any aduerse conditions (such as, needed iapairs, depreciation, the jresence ol hazardous
wastes, toric substances, ele.) observed during the insj2ction of the subject property o1 U 31 ve of she became aware of using the normal
taseatch involved in pertouning the applaisat Unless otherwise stated in the applaisal teput, the appraiser has no Friowledge of any hidden
fo unappatent condilions of the property or averse environmental conditions (Incheting the presence of hazardous wastes, lovia
sulistances, ele ) thal would male Ihe properly wore ot less valushle, and has assumed that there are no such conditions andimakes no
guarantees o1 wartanties, exy1es% OF innptiod, rogaihny the condition of the properly. Ike apptaiser will not be respansitde Jor any sich
onufiligns that do exist or for any engineering oF lestug thal might be tequited to, discorer whether such conditions exis, Because the
appraiser is nol ap exper! in Ihe {wilt of envhormnentat hazards, the appiaisal report must 21 be considered as ar envitonmentsl assassinen!
of the prope!
7. Ve appraiser ob nl opinions that were expressed ss the appraisal reprrt frow's 2 ot shit
considers lo ka celiahle ant bolinyes them bo be tows andl cariact Whe ayprsisen des r € assume reeqnsihity far tle aeutary at suey
items thal yore bunished ly other pat
HAs
Q. The appraiser will not dicclise tly eal fat in Wa Uniform Standards al Pinfessional
Appraisal Pract
contents nl the appraisal wget except as per
9, The appratsar has basnd his wt het appraisal port and valuation conetason fo an =rsratal hat is subject tn satisfactory coirpletion
repais, oF alerafions on the assaupiun that cxanptalion of Ye inyovenents will he pestoymed in a wotkinanlike manner
10, The appraiser anast proviee his 01 het prior vaitten consent before Un tena febent j out in the appraisal iepunt cain distitela: UL
appraisal repert (including conclusions abl the penpeny value, the ayywaiser’s Henly aud jwotossionat dusignations, and relerences
any professional appraisal organizations + the fim wilh which the appraiser is led) lo anyone other Wan the Lorre ray; Ul.
the inorlyage insures, consullants; professic: L appraisal organizations, any stalz of federal;
ent, agency, or inslamentality nf tha United Slales of any slate oc the histiict of Columbia,
the preperty doseription section of the repel only to dala collection or sepoeting service(s)
2er's pint yailtan consent [la appraizey’s wiitten vient and approval inst atse be obtah nd Wolo
veilhioul havi bs a
{Us appraeal ean te conveyed hy anja te Ha pie Uengh ahentising, pubic reali, news, safes, oy ether meta
Wf sy
Page lof? Fannie Mie Pon 160418 8-9"
RECEIVE
FEB 15 20
APPRAISERS CERTIFICATION: — the Appraiser certifies and agrees that: WiloNa, BYO1N3
1, [have researched the subject markel area and have selected a minimum of Ihree recenl sales of properties most timitar and proximale
to Ine subject property for considesalion iu the safes comparison analysis and have made a dollar adjustment when appropriate lo reflect the
markel reaction to those ileins of significant vatialion, {f a significant item in a comparable property is superior lo , of more favorable than,
the subject property, [have mada a negalive adjustment lo reduce Ihe adjusted sates price of the comparable and, if a significant item in a
comparable property is inferior to, of less favorable than the subject properly, Itave made a positive adjustment to incteasa tha adjusted
sales price of the comparable.
2. thave taken into considzralion the factors that have an isnpact on value ia my devetofment of tha estimate of markel value In the
appraisat teport. | have not knowingly withheld any significant information from the appraisal report and! believa, tothe besl ol my
knowledge, thal all statements and information in the appraisal report ave Ire and correct
3. [slated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which ara. subject
only to the contingent and limiting conditions specified in this form.
4, Vhave no present or prospective Interest in the proporty that is the subject to Unis repart, and | have no present or prospective personal
interest or bias with respect to the paiticipants in the transaction. | didnol base, either partially or complately, my analysis and/or the
estimate of matkel value in the appraisal sepor! on the tace, color, religion, sex, handicap, familial status, or national origin of either the
prospective owners of occupants of the subjecl property or of tha present owners oF occupants of the proparlies in the vicinity of tho
subject properly.
5. | haveno present or contemplated future interest in the subjecl properly, and neither my cursent of future employment nor my
compensation for performing this appraisal is contingent on the appraised value of the property,
6. Iwas not required to report a predetermined value or diraction in value thal favors the cause of the client or any tolated party, the
amount of the value estimate, the atlainment of a specific resutl, of the occurence of a subsequent event in order loteccive my
compensation and/or employment for performing the appraisal. {did nol base the appraisal report ona requested minimum valuation, a
specific valuation, or the need to approve a specific mortgage loan.
7. [performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practica that ware adopted and
promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal,
with the exception of the departure provision of those Standards, which dows not apply. | acknowledge thal an estimate of a reasonable
time tor exposure in the open market is @ condition in the definilion of market value and the estimate | daveloped is consistent with the
marketing time noted in the neighborhood section of this report, unless | have olherwise stalad in the reconciliation section.
8. Ihave personally inspected the inlerior and exlerior areas of the subject properly and bie exterior of all properties lisled as comparables
in the appraisal seport. | further certify thal Ihave noled any apparent or known adverse conditions in tha subject improvements, on the
subject site, or on any site within the Immediale vicinity of lhe subjecl property of which | am aware and have tnada sdjustmenls for these
adverse conditions in my analysis of the properly value to the exlent thal |had markel evidence to suppoil them. have also commented
about the effect of the adverse conditions on the marketabitily of the subject property.
9. | personally prepared all conclusions and opinions about the reat estate that were set forth in the appraisal report. If Irelied on
significant protessional assislance from any individual or individuals in the pecformance of the appraisal or the preparation of the appraisal
teporl, [have named such individual(s) and disclosed the specific tasks performed by trem in the Teconciliation section of this appraisal
report. 1 certify thal any individual so named is qualified to perform the lasks. { have nol aulhorized anyone to make a change to any item in
the report; theretore, if an unauthorized change ts made lo the appraisal reporl, | will take so responsibilily for it.
SUPERVISORY APPRAISER’S CERTIFICATION: _ If 2 supervisory appraiser signed the appraisal reporl, he or she certifies
and agrees that: | diseclly supervise the appraiser who prepared Ihe appraisal report, have reviewed the appraisal raport, agree with the
slatemenls and conclusions of the appraiser, agree to be bound by lhe appraiser's certifications numbered 4 through 7 above, and am taking
full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED: 1318 SILVERADO DRIVE, NORTH LAUDERDALE, FL 33068
APPRAISER: SUPERVISORY APPRAISER (only If required)
Signalure: B Z Signalure:
Name: _DANA_DISANTO,_ASA Name: .
Date Signed: 10/27/98. Dale Signed:
State Cerlification #:_ 0000872
‘of Slale License #:
Stale: FL
State Certification #:
or Slale License #:
Slale:
4
SAAT FIED RESTOR! f
F AS __ eee STATE CFRTIFIED RESHVENTIAL APPRAISER £0000872
Expiration Dale of Centilicalion or License:
(D) Did [[] bit Not Inspect Property
a |.
Freddie Mac Form 439 6-93
Page 2 of2
Fannie Mae Foret BOdg ip oF
FEB 15 20¢
Callaway & Price, inc. A
Real Estate Appraisers and Consuitants
Licensed Reai Estate Brokers “0, fey
BWEST PALM BEACH@ aro PIERCE Mm *
Robert J Callaway. MAI. SRA, CRE Harry D. Gray. Nyy SRA” 4)
St.Cert Gen REA RZ0000505 _ StCenGea REA Rz0 eee
Michael R. Slade. MAI. SRA, CRE a
Si Cen.Gen. REA RZ0009116
Daniel P. Hrabko. MAI
St.Cert:Gen. REA RZ0000048
Stephen D. Snaw., MAI
StCer.Gen REA RZ 0901192
Joe R. Price. MAI, SRA
St.Cen. Gen. REA RZ000C555
43
Harry D. Gray. M/S
St Cert. Gen. REA RZ0000
Piease reply to West Palm Beach
E-mail cpi@cpwpo.com
August 14, 200%
Sunia Y, Marsh, Esquire
Senior Attorney, Real Estate
Department of Business & Professional! Regulation
Hurston North Tower
400 West Robinson Street, Suite N308 ~~ SS
Orlando, Florida 32801-1772
RE: DBPR v. Dana M. Disanto
DBPR Case No. 99-83399, 99-838709
Dear Ms. Marsh:
! have reviewed the files including; but not limited to, the appraisal, the complaint,
response to the complaint, and various data that was included in your letter to me dated
April 5, 2001. The First file, Case No. 99-83399, was an appraisal on a residence ‘at
1318 Silverado Drive in North Lauderdale, Florida. The appraisal was prepared as of
October 27, 1998 by state certified general appraiser Dana M. Disanto, ASA. The
appraiser ‘s opinion of value as of the date of appraisal was $95,000.
The complaintant, as a reviewer for a lender, found no support for the value conclusion
shown on the appraisal report. The reviewer provided three sales in the immediate sub
division, two of which were on the same block, personally inspected the Subject and the
property and stated it was the same model and recommended a value between $63,000
and $65,000.
Mr. Disanto states in the addendum that the Subject is a one-of-a-kind property which is
larger than all of the units in the Subject's development and contains a balcony, covered
patio, large covered patio, a screen covered patio, and laundry room which other units
in the development lack. He further states in his response that it was the largest unit
and then additional square footage was added.
- LAINT
ee ere
a’
01 a issingaShana an ss5uees-3705
FORT PIERCE - 500 South U.S Highway 1, Suite 107. Fort Pierce. FL 3495) (581)464-8607 / Fax (561}481-0809
BOCA RATON - PMB5 #87, 4400 N. Federal Hwy, Ste 210, Boca Raton, F 34 (581)998-8088 / Fax (561)685-3705
STUART - 500 South US Highway 1, Suite 197, Fon Pierce. FL 34959 (58 11287-3230 ! Fax (561)451-0809
WEST PALM BEACH -
Sunia Y, Marsh, Esquire
Senior Attorney, Real Estate
Department of Business & Professional Regulation
August 14, 2001
Page Two
In my opinion, there are still sufficient sales within the Subject’s immediate subdivision
which could have been utilized and adjusted for the varying differences. As a matter of !
fact, Disanto’s Sales 1 through 3 are much smaller units than the Subject and at least ,
according to the tax roll, smaller than units within the Subject’s subdivision such as
1349, 1366, and 1308 Silverado Drive, all of which sold in the months preceding the
appraisal date for $41,000, $62,400, $65,000 respectively. These are salés of homes
which may not have had all the items mentioned by Disanto, but are of similar age, with
similar lot sizes and in the immediate community.
Four of his five sales have sites which are nearly twice the lot size, with only Sale 5
being smaller. All of the sales had garages with the exception of Sale 5, while the
Subject did not have a garage. The Subject was 24 years old while the oldest of the
sales was 9 years old with Sales 1 and 2 being only 4 years old. The Subject was
stated to be in average condition.
A review of sales within the subdivisions where the Disanto's sales are located,
indicated the following: Sales 1 and 2 reflected sales between $81,500 and $105,000
from January 1998 through to the appraisal date; Sale 3’s sales reflected sales from
$95,000 to $100,000 (an exception being a special warranty deed for $41,800); Sale 4’s
subdivision was between $90,000 and $115,000; and Sale 5’s subdivision with
‘numerous sales averaging in the $80,000's with several sales in the $60,000's, two of
which were not recorded as warranty deeds. It is clear from this data that the sales
within these subdivisions utilized were not, in fact, competitive with sales within the
Subject subdivision, this being the case even though they were only blocks away. :
In my opinion, Disanto has not adequately reflected adjustments for differences in lot
size and age and condition. He has estimated a $1000 adjustment for the Subject's
2300 square foot lot verses Sales 1 through 3 being nearly twice as much. Sale 4
which is more than twice the size and is only adjusted -$2000.
The second item is the age adjustment. As previously mentioned, the Subject is 24
years old while Sales 1 and 2 are 4 years old, and a -$2000 adjustment was made
despite the fact that the condition (average) was the same. Sale 3 was 8 years old, 1/3
the age and a -$1000 adjustment was made as was Sale 4 and 5.
Extraction (formerly known as abstraction) would indicate that the sum of the parts for
Disanto sales do not add up. Appraisers do abstraction or extraction differently, but no
matter how you do it, in my opinion, utilizing the Disanto estimate of Cost New, Land
Value, Depreciation, etc. do not add up to its ultimate sales price by a significant
difference.
Sunia Y, Marsh, Esquire
Senior Attorney, Real Estate
Department of Business & Professional Regulation
August 14, 2001
Page Three
What this means is that Disanto has not accounted for either the depreciation difference
or the land value difference which would have a significant effect on the resulting value
utilizing those sales.
The Second file, case number 99-838709, was an appraisal on a residence at 812 NE
92™ Street in Miami Shores, Miami-Dade County, Florida. The appraisal was prepared
as of March 16, 1999 by the same state certified appraiser. The appraiser's opinion of
value as of the date of appraisal was $185,000.
The Sales within the Subject subdivision from December 1997 to May 1999 ranged fram
$106,000 to $142,500. There were 5 recorded sales according to ISC. There was one
sale in November 1997 at $189,000. All the remaining sales with the exception of one,
are less than $140,000. The sales activity within the Subject’s subdivision were homes
of similar size as the Subject than the sales Disanto utilized and would appear to require
less adjustments.
There were 7 sales in Sale 1's subdivision between March 1997 and October 1998
range from $120,000 to $178,500. The 3 sales within Sale 2’s subdivision occurred
between July 1997 and July 1998 ranged from $190,000 to $225,000. Sales within Sale
3 and Sale 4's subdivision were more numerous-and ranged from $184,000 to
$256,000. There was an $860,000 sale as well as an $85,000 sale which were not
reflective of the typical sales between December 1997 and May 1999.
As in the previous file, it appears as if the sales within these subdivisions were not in
fact competitive with sales within the Subject’s subdivision. This also being the case
even though they were on the same street but several blocks away. In my opinion,
Disanto has not adequately reflected adjustments for difference in lot size, house living
area, pool, and in the case of Sale 3, garage.
The Subject lot contains approximately 7,000 square feet and while the price per square
foot is not necessarily reflective of the difference of lot values, lot sizes that range from
21% — 34% larger typically would require more than a $1,000 difference in lot value.
The difference in the house living areas is reflected in a $10 per square foot difference.
$10.00 per square foot is approximately 15% of cost new and this is also not typically
reflective of market conditions. Also, an adjustment for a 1-car garage of only $2,500
appears to be low based on market conditions.
Sunia Y, Marsh, Esquire
Senior Attorney, Real Estate
Department of Business & Professional Regulation
August 14, 2001
Page Four
Utilizing extraction as in the first file, would indicated that the sum of the parts for ,
Disanto’s sales do not add up. Appraisers do abstractions or extractions differently as
previously mentioned, but no matter how you calculate it, in my opinion, utilizing
Disanto’s estimate of cost new plus land value less depreciation, etc. do not add up to
the ultimate sale prices by a significant difference. This also is based on Disanto’s
estimate of the underlying land for all the sales at $81,000 versus the Subject's
$80,000. What this means is that Disanto has not accounted for the land value
difference which would have a significant effect on the resulting value utilizing his sales.
| had another problem in that the file | was provided had two copies of the. Subject
appraisal with the same file number; however, the adjusted value of the sales Was
different in the two appraisals even though the final value was the same. | am referring
to the grid pages which are marked 5 — 13 and 5 — 14 which indicate adjusted sales
prices for Sale 1; $170,600, Sale 2; $179,400, Sale 3; $172,300 and Sales 4; $185,600.
The other pages which appear to be marked 12 ~ 25 and 12 — 26, indicate values after
adjustments for Sale 1 of $174,100, Sale 2; $185,400, Sale 3; $175,800 and Sale 4;
$184,600. Both copies of the appraisal are signed by Disanto as of the same date so
I'm not sure which was the correct appraisal and of course | did not contact Disanto.
Conclusion
Based on the above-mentioned discussions of both files it is my opinion that each of the
Market Values for each of the properties is significantly overstated. If Disanto had .
stayed within the Subject subdivisions, the values reflected would have been
significantly lower even if the sales would have required more adjustments as he stated.
If | can be of further assistance in this matter, please do not hesitate to contact me.
Respectfully,
TLR did
Michael R. Slade, MAI, SRA, CRE
St.Cert.Gen. REA RZ0000116
MRS/hlr
SUMMARY APPRAISAL REPOR |
UNIFORM RESIDENTIAL APPRAISAL REPORT
s RIP TL oP STRE 7 c City MIAME S
phon LOL AT ELIS 2 GOLOEM GATE PARK AUD 1B 6.130
weaforatth 11-2296 005-0180 Ty Yeu 1998
Powe aot LOPE 2, ROSA ent Dance LOPEZ, ROSA
by tt Tar il. _ epee Lb uo,
Teughtouhand r4 Project tame NI — car
sabe Fuise BELA ore cencions ta ba pad hy sate
“LORIDA 33129,
FL 33020 —
Xi Suburban (_ | Rural Predominant | Single tanvly housing | Present land use % | Land wee change ~
leaves lasren, { diinnesase | eecupancy— |RREE aoe T lsey
Lo Mined iX Stenle Ud Sow i. Qanar 165 Las
Vinereariog [Xi starie {| pecining | P| tenant
J shorts: 1x! mtaaeon |_| Ovrsonly | UX! varrontoy
Axl 35nes_ |] over 8a | L
205 tigr
tings and chang
BLVD. AND WEST OF
tha navbetabehty
Sinighbarhn
OF BISCAY
Paetag iy
TIE SHIGLE LAMILY MARKET APE
IL AMA
STABLE. SLYDPPIN
ARE MOLED,
sieht a dala en eueupaktivn piopesbes tors
RAL MARKET CONDITIONS APP!
of sales and financing concestions.
NCING ARE AVAILAGLE AT
Tis tho davolopar?builder in contial of Wa fon
Approsinate total
ate tora! number ef units in the subject project
ouks and recreat anal facilitins
enn
Dwneusions 60% 140_
RESIDENUAL
ey Imegal (he No zoning
By corti rorunn elon ahr ston aid dogs phan 16.8, 5
1 Lagat norcenisrning Gra
__ View
Potiic Puatel Landscaping
Strest ERD ED | oicnaay Stace STONE TLE
Curbiguiter RETE | ty Apparent easements NONE APPARE!
__ | Sidewalk __. i FEMA Spacial Flood Hazard Aveo [| Yes. tho
___ | Steettighs x Lol | Fens Zone "x _ Map O9's 3/2/94
NO! ‘TIONS NOTED.
FAUMDATION
so» CO)
WY GFHERA DESERT TON BASEMENT
Ho of nits
el Stories
(Oot vt)
Dangn (Stim)
Evelng Prep sad
Aga (ves) 4
Etfacto Aga Qs) 23
_] Foumtaten
Entevior Walls,
Root Sutface
e
Sump Pump N/A.
Danpness. N
Window Type
Storm: Sereeus,
2 Besyoons
Kitenen equ — | ATTIC -
IX) | none fq
7 Koowrs
HEATING
AMENITIES
Fveg ae
DRYWALLIAV 7 [xl] stars FY | rare. covedAN. 18 itt) oe Hobcars,
BB tenetish == WOUDIAVERAGI CtentvERAG. Oreporal | V] orop star |] f beck WOOD Atached
Bist ix!) Seuttte Ix! T Rehibfed
_| Fenmtood Floor [} | Fence CHAINLINK IX) | Bs'tin
tone —[X}) rested} | root
Conutition VERAG. Washartane Dh thaistied £) tuacuzzt a
3 CEILING FANS «
Seeesitin of the inpto
SEE SICAL, FULLCTIONAL
sinity of the sub
THE IMAMEQIATE.
Pea tyutnnts £1
EB oparty
ACH YO TE SUBJECT PROPERTY.
Feete ion ED
ples
us
903851
UNIFORM RESIDE! TIAL APPRAISAL REPORI Fig Ro.
EASEE SAE ~~ TE 8D G0] Cammnnis en hasl Appre rch (wich as, saurceat coat aatimata,
POTTER EOC TION COS DME ATOF ISP OE MENTS: sita valee, foe cateulatinnand for HMO, VA ard FmitA, the
1G10sq Ft @E 6500 astitnated remaining economic Kfa of tha property)
sqit ms 3100 7 MARSIIALL & SWIFT RI
Ep Pt ms
Total batinstert Carel thew “SL 32,
ane Phyiet [ruortonatf Fetanal Pat Renalning Fen Uta
Uepersiaton $30,004 li le oto. 30004 :
BA soprariatad aire of lnpravenionts
‘Aa ix” Valua nf Selo bnyravernents,
@ HDICATEN VALUE BY COST APPROACH
nee Bat ee “cONTATA EN) 2.
HIP NE 92 STREET ~ 1541 NE 105 STREET 1165 NE 97 STREET
Adkbess MIAMI SHORES: MIAMI SHORES, FLORIDA, talAMI St WORES,TLCRIDA
~ 185, Bal
Ti63NEO2STREET
MIAMI SHORES, FLORIDA
12 BLOCKS NW
fone NOI
HOLE uo
HONE KNOWN
KHON
Fs podCeuesieh st
Aosemant & Feist of
Raowis Delow Ganda
Funetinal iy
FENCE, POOL
| STANDARD:
. - - eel - aE APACL —__j—. RABLE NO.
Date, Price and Data MO PRIOR SALE {HO PRIOR SALE NO PRIOR SALI 06/98 CLOSED
Scure to pieesites | WITHIN ONE YR {WITHIN OHNE YEAR WITHIN OE YEAR: $ 184,000
ISCNET
ng of tha subjnct properly and analysis of aury pei sala
RENT AGREEMENT FOR SALE,
JISCNET
ibjpct and axmparntias win ono year ofa dala of appa
OPO OR LISUING OF THE SUBJECT _
reais
ry currant agreatnent of sa
INOICATED VALUE BY INCOME ArrE
's appraisal is rk al “agit
retinol Arpeae
and ining eenuitlons, and market value dabinitiowiat wa stated in the attadved Fierkéie hia Form A397 pain haa Fem 1OOMB (Rested 6/93
L(WE} ESTIMATE TRE MARKET VALUE, AS DEFINED, OF THE REAL PROPERTY THAT IS IIE SUBJEC OF FHISREFCRT,AS OF
(VACHS THE DATE OF INSPEC IOM AMID THE EFFECTIVE DATE OF THISREFORI)TORES 185.00) RECE!
APPRAISER: . SUPERVISORY APFRAL: ER {ONLY IF REQUIREO):
Signatun Hewat dL. = Sqnatus oe ie (Toa tict
DANN UIGANTO, ASA —JAN- 43 afm ty
Qa'eRopalsgred 3/16/99
Oc State bi
F
” STATE CER TIPIG
RESIDENTIAL APPRAISER #0000872 rece
MISANTO AL
PAISAL GROUT
ve
AM Sales
A Crientzos
SUMMAR f APPRAISAL REPORT
UNIFORM RESIDENTIAL APPRAISAL REPORT
a =
Supplemental Valuation Section _
7 HE _ 8 T
612 NE 92 STRE
Aitiess MIAMI SHORES
Progeny bs
iv Nea
Hata ade
Verification Sourras._|
COMPARABLE HO 4
LONFARABLE NO 5 __
1181 NE $2 STREET
MIAMI SHORES, FLORIDA _
AME STREET
_ $180,000
SCARED
JERIOR INSPECTION
VALUE ADAISTSEITS|__ CESCRIPTION
DESCRIPAION | J sane mies
Satoser Financing PVA
LNA
Ni
Conressy
NONE KNOWN:
NONE KNOWN
OS erent
Loca"on ~ [AVERAGE
wen
Drath pt Coessucv
HONE
Perch, Patio, Geek, | COVERED ENT
BA canplacas).ctn, [CV PTYOCMACU
I Fence, Poo! FEN
“| NONE mt
COVERED ENT
A Kir equip, | STANDARD
Agj, (tata)
ADDITIONAL SUPPOR
MB ijisted Salas rice | ;
of Conpaable, . 0.0% $_ O| Net i
reuruvnts rn Sales Goong alee (ww tah g they sthoci, ete.) SALE 4 WAS INCLUDED 1
Date Prce ard Bata s
Sewce ke privessas | YMIIHIM ONE YR
‘thn eae ctagyeaeat [ISCNET
BF Analysis of aay curaul agrenuent of sale, opt
d INWARE
COMPARABLE ND § COMPARABLE HO 6 |
HO PRIOR SALE
WITHIN ONE YEAR
NET
. 1g of the subject props
HY CURRENT AGRE
Sad analysis of any price sales of wibjnct and ow parables within one year ofthe die of apyraisal
(ENT OF SALE, OPTION. OR LISTING OF THE SUBJECT.___
a
FLOORPLAN
993081
MIAMI SHORES _. . State: FL Zip: 33138
SUN FEDERAL MORTGAGE
29.4
Wood Deck
JACUZZI
Ost
250
Bedroom
Bedroom
S72
zy
Kitchen
Dining Room
Living Room
i 12.0 Famil
, amily
| COVERED] &
120 17.6 ‘
Sketch by Apex IV Windows™ |
y AREA CALCULATIONS SUMMARY LIVING AREA BREAKDOWN |
1 Area Name of Area Size Totals : Breakdown Subtotals |
GUAT First Floor 1609.68 1609.68 Firat Floor il
! oTH COVERED ENTRY 72.00 . 17.4 x 87 4
{ woos DECK 735.00 407.00 22.0 x 54.2 i
| . i
t
| it
i :
|
| i
\
| :
| 1
\
i |
|
f t
i ; {
|
: |
i!
‘i i
| i
| ‘
‘ TOTAL LIVABLE — (rounded) 1610 Y 2 Areas Total (rounded) Hi
: RE
JAN 18 2000
Hane Be rAte '
pavigions OE '
2700 North 29 Avenue, Suile 109, Hollywood, Fl. 33020 954-925-7800 FAX 954-925-7801
1h, Mead
Kanal
Dodge
shane
» CAUSEWAY
frunnek
island
GREEK NF
VILLAGE }®
8
938
fidser
Kland |
jy jq” Jnepe a 2008 ~
Hist bypristait Uy Kew. EOIATE
ff 2)
RECEIVED
JAN 13 2008
RNUSIQN OF rene KSIATE
1129
fa VE COMPLAINT
Ce TY
= ¢<
o € 5
L oe f
IN > 3
wim *
Oo = 3
uw = 3
=e 3 3
EY
SArSHOzE
Manse
152-53;
|=
TL
a
NE.
+ i
RECEIVED
ann 13 2000
pivisier OE RENE ESIATE
of
/ {5
a
Z
Garner Thee Rosa
Stoperly Addiace Aid tH a3 Site Et
Gry IAL S
Landon SURE!
FRONT VIEW OF
SUBJECT PROPERTY
Appraised Date: March 16, 1999
Appraised Value: $
REAR VIEW OF
SUBJECT PROPERTY
ua
STREET SCENE
RECEIVED
JAN 13 2009
AWINQN OE REAL, ESIALE
(4c.
URATIVE COMPLAINT
Ce, OS
ty Addess R12 HE 99 SIREET
Up MAM SHOPES |
Vendor SUNT EDERAL MORTG,
ie
;
a
REAR VIEW
REAR VIEW
RECEIVED
JAN 13 2008
ate
pryistolt OE Rene EST
ele.
EP Uwe! LEZ HOGA SOUT eee
Prapenty Ar _Casr Ne
COMPARABLE SALE #1
S41 NE 105 STREET
MIAMI SHORES, FLORIDA
Sale Data. 10/98 CLOSED.
Sale Price: § 178,500
COMPARABLE SALE #2
1165 NE 97 STREET
MIAMI SHORES, FLORIDA
Sale Date: 07/98 CLOSED
Sale Price: $ 190,000
”
api
COMPARABLE SALE #3
1163 NE 92 STREET
MIAMI SHORES, FLORIDA
Sale Date 07/98 CLOSED
Sale Price: $ 180,000
RECEIVED
JAN 13 2000
PIVISION OE REAL ESIATE
fifiy
a?
Ce
Flopetty Addiess 812 ME 82 SI
City BIAS St
COMPARABLE SALE #4
1181 NE 92 SIREET
MIAMI SIIORES, FLORIDA
Sale Date 07/98 CLOSED
Sale Plice: $ 180,000
COMPARABLE SALE #5
Sale Data; .
Sale Price: $
mete eee be |
COMPARABLE SALE #6
Sale Date:
Sale Price. $
RECEIVED
JAN 13 2000
| DIVISION OE REAL Esiace,
a {2 es
Fie tio SG3061
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a compelilive and open markel
tinder all ronhtions requisite to @ (air sale, the buyar and seller, each acting prudently. knowledgeably and assuming the price is not
aftacind y unlue stimulus ltnplici in this definition is the consummation of a sate as of a spmcifind date aud the passing of tile ror
seller lo buye: under condhions whereby (1) buyer and seller are typically molivated, (2) both parlies are welt informed of well advised,
and each acting in what he considers his own best interest: (3) a reasonable time is allowed for exposure in the open market, (4) payment
¥6 miade in terns of cash in U S. dollars ar io terais of financial arangements comparable thereto; and (5) the price represents the normat
Consideration for Ihe properly sold unaitected by special or creative financing ot sales concessions* granted by anyone associated with the
gale
“Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments ave necessary for
those costs which are normally paid by sellers as a result of tradition or law in a markat area, these costs ave reaully identihable since the
salter pays these costs in virtually all sales transactions Special or creative financing adjustments can be made to the comparable properly
by comparisons Io financing terms offered by a third parly institulionat lender that is not already involved in the property ot transaction Any
adjustment should not be calculated om a mechanical doltar (or dollar cost of the financing or concession but the dollar amount of any
adjustment should approximate Ihe market's reaction lo the finarcing or concessions based on the Appraisers judgment
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: — The appraiser's cerlitication that appears in the appraisal report is subject to Une
fottowing conditions:
1 Pha aperaiine will not be responsitte for matters of a legal nature that affect either the property being appeaised or tha lille lo it The
aprraiser assumes lisal the litle is good and markelable and, Inerefore, will nol rendes any opinions about the ttle The property is appraised
(on the basis of it being under responsible ownership. oa
2 The appraiser has provided a sketch in the appraisal reporl to show approximate dimensions of the iniprovements and the sketch is
included only lo assist the reader of the repeet in visualizing the property and understanding the appraiser's determination of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency {or other dala
Sources) and has noted in the appraisal reporl whether the subject site is located in an identified Special Flocd Hazard Area. Because the
appraiser is nct a surveyor, he or she makes no guarantees, express or implied, regarding this deterniinabion,
4. The appraiser will not give lnstunony or appear in cowl because he or she made an ‘appraisat of Ihe property in question, unless ‘specific
arrangements to da so have been made beforehand
we
5 The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their
Contibutory value, These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and
are invalid if they are 0 used.
6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous
wastes, toxic substances, etc, ) ubserved during the inspection of the subject property or that he or she becarne aware of during the normat
cesearch invelved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden
OF unapparant condilions of the property or adverse environmental conditions {including the presence of hazardous wastes, toxic
substances, elc. ) thal would make the property more ot less vatuable, and has assuined Ihat there are no such conditions and makes no
guarantees or warranties, express or implied, regarding (he condition of the property. The appraiser wil nat be responsible for any such
Conditions that do exisl or for any engineering or testing that might be required to discover whether such conditions exist Because the
appraiser fs not an expert in the field of environmental hazards, the appraisal report must net be considered as an environmental assessment
of the property
7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources Ihat he or she
considers lo be teliatla and betiaves them to he true and correct. The appraiser does not assume responsibilily for the accuracy of such
ilams that were Iurnished by other parties.
8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Unitcrm Standards of Professional
Anysaisal Practice
9. The appraiser has based his or her appraisa! report and valuation conclusion for an appraisal Ihat is subject to satisfactory completion,
tepairs, OF alterations on the assumption that complation of the Impvovements will be performed in a workmanlike manner.
10. The appraiser must provide his or her prior written consent before {he lendar/client specified in the azeraisat report can distribute the
appraisal report (including conclusions about the property value, the appraiser's identity and professionat designations, and references to
aNY professional appraisal organizations or the firm with which the appraiser is associated ) to anyane olhar than Ihe borrower: the
morlgagee or its successors and assigns, {he mortgage insurer; consultants; professional appraisal organizations; any state or federally
approved financial institution: or any department, agency, or instrumentalily of the United States or any state of the District of Columbia:
2ccepl that (he lenifericiiant may dishiibute the properly description section of the report only to date esilection or reporting service(s)
without having to obtain the appraiser's prior wiitten consent. The aprraiser’s writlen consent and approval musl also be obtained belore
(he appraisa can be convayad by anyone to the public through advertising, public retations, news, sales, oF ctner RECEIVED
JAN 13 2000
_ orm ms nm DAYISIGN GE HEAL Rated g——
Fags tof 2 Fannie tize Form 10048 6-93
TY 5
* Pied Atne Form £296.93
PAMBL Ary
feats G03051
APPRAISERS CERTIFICATION: The Apprais> cnitian ard ag ons that
1 thave researched the subject market area and have selecled a minimum of three recent sales of properlies most simitar and proximate
Io Ilia subiect properly for cancideration ia the sales eomnpatison analysis and have made a datlae adjustment when appropiate lo reflect the
markal caactinn to those items of significant variation. Ia significant ilem in a comparable properly is superlor lo , er more favorable than,
tlie subject property, thave made a negalive adjustinoul lo reduce the adjusted sales juice of tha camparatta and, if a significant iter in a
Comparable property is Inferior 10, of less favorable than the subject properly, I have made a posilive adjustment lo increase the adjusled
sales rire of thn comparable
2. thave taken tate consideration the faclors thal have an Impact on vatue in my development of the estimate of market value [nthe
appraisal report. | have not knowingly withheld any significant intormallon feors the appraisal report and | believe, to the bast of my
bnowladge, that all statements and information in the appraisal report are tue and correct -
4 U stated in tha appraisal report only my own personat, unbiased, and profassional analysis, opinions, and conclusions, which are subject
uly Io the contingsul and liniting conditions specified in this torn
4, Ihave no prasent oF prospective interest in Ihe properly that is the subject to this repert, and t have no present or prospective personal
inlarest or bias with respect to Ihe participants in (he transaction. | did nol base, either partially or completely, my analysis andior the
estimate of markel value fn the appraisal repert on the race, color, religion, sex, hanicap, tamilial status, or nalional origin of either the
Prospective owners of occupants of the subject property or of Ihe prasenl owners or occupanls of the properlies in the vicinily of the
subject property,
5, thave n9 present or contemplated future interast in the subject property, aad naither my current or future employmant nor my
Componsalicn for pet forming this appraisal is contingent on the appraised value of the property
6. Iwas not required lo report a predetermined value er direction in value that favors the cause of the client or any related party,
the aucunt of the valic estimate, the attainment of a specific resull, of the orcinrence of a subsnquent event in order lorecelve my
Compensation andior employment for performing the appraisal. I did not base le appraisal repost on a requested minimum valuation, a
specific valuation, e the need lo approve a specific mortgage loan,”
7. I perforined this appraisat in conformity with the Uniform Standards of Protessional Appraisal Practice that were adopled and
Promulgated by (he Appraisal Standards Board of The Appraisal Foundation and thal viere in place as of the effective date of this appraisal,
with the exception of the departure provision of those Standards, which does not apply | acknowledge that an eslimale of a reagonable
lime foe exposure in the open market is a condition In the definition of markel value and the estimale | developed is consistent wilh the
markeling fine noted in the neighborhood section of this reper, unless { hava otherwise stated in the reconciliation section.
8. I have personally Inspected the interior and exterior areas of the subject properly and the exlerlor of all proporties listed as comparables
in the appraisal report, Hurther certify that { have noled any apparent or known adverse conditions in tha subject Impcovements, on the
Subject site, oF on any site within the immediate vicinily of the subject property of which ! ain aware and hava made adjustinents for these
adverso conditions in my analysis of the properly value to the exlent thal | had market evidence lo support them. t have also commented
about the effect of the adverse conditions on tie mavkelabilily of the subject properly.
9. | personally prepared al! conclusinns and opinions aboul the real estate that were set forth in the appraisal reporl. tI I velied on
signilicant protessionat assistance from any Individual or Individuals in the pettormance of lhe appraisal or tire preparalion of the appraisal
Seport, Lave named such individua\s) and disclosad the specific lasks performed by them in the reconciliation seclion of this appraisal
Eeport. Vcerlify Wal any individual so named is quatfied lo perform the tasks. | have not authorized anyane to make a change to any ilem in
the report, teeretara, if an unaulhvized change is nade to the appraisal eeport, twill take no responsibilty fori
SUPERVISORY APPRAISER’S CERTIFICATION: {ta supervisory apcraiser sighed the appraisal repert, he or she cerlifics
and agrees thal: | Vireclly supervise the appraiser who prepared the appraisal ceport, have reviewed the appraisal report, agree with the
statements and conclusions ef the appraiser, agree to be bound by the appvaiser’s cevtéications numbered 4 through 7 above, and am laking
haltrespensibitty for the appraisal and the appraisal port
ADDRESS OF PROPERTY APPRAISED: 812
2 STREET, MIAMI SHORES, FL_93138.
APPRAISER: SUPERVISORY APPRAISER (only if required)
Signature: _
Name
Dale Signed
— Stale Cettiications ME.
or State License #: oF Slale License # RECEIVED.
State FL Siler
Expkation U: Evpiration Da's of Certification of Licansa: JANT 92000
(F Dis [1 vidttot nepact Prog AySION OF Hen ESIALE
Fage 2 of 2 Fann‘e Hae Form 10048 6-93
/2{59
FOS DAP Ne 2 een
eee eA URI LAG
Docket for Case No: 03-003582PL
Issue Date |
Proceedings |
Nov. 10, 2003 |
Order Closing File. CASE CLOSED.
|
Nov. 06, 2003 |
Petitioner`s Motion to Relinquish Jurisdiction (filed via facsimile).
|
Oct. 27, 2003 |
Respondent`s First Interrogatories to Petitioner filed.
|
Oct. 23, 2003 |
Petitioner`s First Interrogatories to Respondent filed.
|
Oct. 23, 2003 |
Petitioner`s First Request for Admissions to Respondent filed.
|
Oct. 20, 2003 |
Letter to S. Smith from F. Freedman regarding the order of pre-hearing instructions filed.
|
Oct. 13, 2003 |
Order of Pre-hearing Instructions.
|
Oct. 13, 2003 |
Notice of Hearing (hearing set for December 11 and 12, 2003; 9:30 a.m.; Fort Lauderdale, FL).
|
Oct. 13, 2003 |
Order of Consolidation. (consolidated cases are: 03-003582PL, 03-003627PL)
|
Oct. 10, 2003 |
Dated April 11, 2001, Election of Rights and Notice of Abence and Unavailability filed by Respondent.
|
Oct. 10, 2003 |
Notice of Filing, Respondent`s Response to Plaintiff`s Administrative Complaint Dated October 5, 2001, Respondent`s Response to Plaintiff`s Administrative Complaint Dated April 11, 2001, Election of Rights and Notice of Abence and Unavailability filed by Respondent.
|
Oct. 10, 2003 |
Notice of Absence and Unavailability filed by Respondent.
|
Oct. 10, 2003 |
Respondent`s Response to Initial Orders of October 1 and 3, 2003 filed.
|
Oct. 09, 2003 |
Unilateral Response to Initial Order (filed by Petitioner via facsimile).
|
Oct. 01, 2003 |
Administrative Complaint filed.
|
Oct. 01, 2003 |
Respondent`s Response to Plaintiff`s Administrative Complaint dated October 5, 2001 filed.
|
Oct. 01, 2003 |
Notice of Absence and Unavailability filed.
|
Oct. 01, 2003 |
Election of Rights filed.
|
Oct. 01, 2003 |
Agency referral filed.
|
Oct. 01, 2003 |
Initial Order.
|