Lo - 053A STATE OF FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION — = FLORIDA REAL ESTATE APPRAISAL BOARD Se, FLORIDA DEPARTMENT OF BUSINESS & , ; 2 PROFESSIONAL REGULATION, oa DIVISION OF REAL ESTATE, ae Petitioner, v. CASE NO. 2001500226 CHARLES E. SCOTT, Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Charles E. Scott (“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 state-certified residential real estate appraiser having been issued license RD1851 in accordance with Chapter 475 Part HI of the Florida Statutes. 3. The last license the State issued to Respondent was as a state-certified residential real estate appraiser at 931 NE 79" Street, Miami, Florida 33082. FDBPR v. Charles E. Scott Case No. 2001500226 Administrative Complaint 4. On or about March 2, 2000, Respondent developed and communicated an appraisal report (Report) for real property commonly known as 1012 N.W. 12 Street, Ft. Lauderdale, Florida 33311 (Subject Property), and estimated the value at $98,000 as of March 1, 2000. A copy of the Report is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. In the Report, Respondent indicated that Subject Property had sold on or about February 28, 2000, for $98,000. 6. Inneither the Report nor an addendum did Respondent analyze the sale of subject property that closed on or about February 28, 2000. 7. Inthe Report, Respondent indicated that his data and verification sources were obtained from the ISCNET and from a “drive-by” inspection. 8. Pursuant to an official investigation, on or about October 3, 2001, Respondent forwarded to Petitioner’s investigator documents relating to the Report. 9. Pursuant to an official investigation, Respondent informed Petitioner’s investigator that the documents he forwarded was everything in Respondent’s work file for Report. 10. The work file failed to contain data sufficient to support Respondent’s data and adjustments in the Report. 11. The Report contained the following errors: a. Indicated that comparable sales two and three were located in Ft. Lauderdale when, in fact, the comparable sales were located in Boca Raton and Pompano Beach, respectively. b. Failed to indicate a prior sale of comparable sale two that closed in April 1999, and which occurred within one year of the date of the Report. FDBPR v. Charles E. Scott Case No. 2001500226 Administrative Complaint c. Incorrectly indicated that comparable sale three closed in November 1999, for $95,000, when, in fact, the most recent prior sale closed in February 2000 at $100. d. Incorrectly indicated the gross living area for comparable sale three. e. Failed to explain or analyze adjustments to comparable sales two and three for upgrades made to Subject Property. 12. Ina letter dated March 28, 2002, to Petitioner’s investigator, Respondent indicated that he changed the owner’s name and lender’s information pursuant to a request to make these changes from a party other than Respondent’s client. A copy of the letter is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 13. Respondent failed to verify the information he obtained from the third party before changing the owner’s name in the Report. 14. Pursuant to the third party’s request, Respondent forwarded the modified report. 15. Respondent failed to obtain authorization from his client before forwarding the modified teport to the third party. 16. On or about April 2, 2002, the Florida Real Estate Appraisal Board entered a Final Order adopting a stipulation agreement between the parties in which Respondent admitted that he violated a standard or other provision of the Uniform Standards of Professional Appraisal Practice. A copy of the Final Order is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. COUNT I Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, culpable FDBPR vy. Charles E. Scott Case No. 2001500226 Administrative Complaint negligence, or breach of trust in any business transaction in violation of Section 475.624(2), Florida Statutes. COUNT II Based upon the foregoing, Respondent is guilty of having been found guilty, for a second time, of any misconduct that warrants disciplinary action, or has been found guilty of a course of conduct or practice which shows that he is incompetent, negligent, dishonest, or untruthful to an extent that those with whom he may sustain a confidential relationship may not safely do so in violation of Section 475.624(10), Florida Statutes. COUNT III 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 diligence in developing an appraisal report in violation of Section 475.624(15), 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 4 FDBPR v. Charles E. Scott Case No. 2001500226 Administrative Complaint 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 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. 47 SIGNED this 70” day of FLD , 2003. ” ~4* “~ 7 Warn prétc reefs Florida Department of Business and Eady ONE OF Protec . os eal Estate Professional Regulation Clark °F By: ; " Director, Division of Real Estate Be . FDBPR v. Charles E. Scott Case No. 2001500226 Administrative Complaint ATTORNEY FOR PETITIONER Stacy N. Robinson Pierce, Esquire Fla. Bar No. 182796 Division of Real Estate Legal Section 400 W. Robinson Street, N802A Orlando, Florida 32802-1772 (407) 481-5632 (407) 317-7260 - FAX PCP: MC/JB/CK 2/03 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 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. Borowe/Cllent Oliver Wright ___ oe Ate NO, 7307 Property Address 1012 N.W. 12 St. [City Ft. Lauderdale _ County Broward State Fi. Upbede 33341 Lender_Cypress Financial Mortgage Corp TABLE OF CONTENTS Noone ADMINISTRATIVE COMPLAINT EXHIBIT # | ; PAGE | or _ f° Form TOCNP — “TOTAL 2000 for Windows" appraisat software by ala mode, inc, —~ 1-800-ALAMODE ADMINISTRATIVE COMPLAINT. EXHIBIT PAGE Prop Summary Appraisal Report Chares € Scott Appraiser UNIFORM RESIDENTIAL APPRAISAL REPORT FlieNo.__7307 per Address 101 Legal Description Lot 13, 12 St. Assessut's Pare Ny, 49-42-33-25-0430 Borrower Oliver Wright M, Lauderdale Manors Agd- Rav Plal in Biks K, L, M, & 0, PB 32/PG 18 County Broward City Ft Lauderdale State Fi Zip Code 33314 Tax Yea 1999 RE, Laces $ $89.00 ‘Shetial Assessments § 0.00 ; Cuttent Owner Tammy C_ Gordon Occupant. __Ownes Tenan! "vacant Property ighls appraised -” Fee Simple Leasehold Project Type PUD Condominium (HUDVA only) HOA S N/A ‘Mo Neighborhood or Project Name Lauderdale Manors Map.Relerence 49-42-33 Sale Price $ 98,000 Dae of Sale 02/28/2000 tende/Clent Cypress Financia! Mortgage Carp. Census Tract 409.000-2 Gesciipiwn and $ amount ul loan chayusconcessions Lo be Dax by sailr NVA. Aubliess 8601 SW. 36 St, Dawe, FL 33328 Appraise: Charles E. Scott Address 931 N.E_ 79 SIL, Miami, F133138 : Location * Subwban Rural Predominant sng amity houdlag T Present iané use % Land use change Bait 25-75% Mader 25% pecypancy $1000) tyts} [Onc tamily 100 Noo kety key Grown rate DN, Sadie Stow Owner 100 Low 24 family In process Property values Stable Dectning Tenant High 60 |Muti-tamiy To: ¢ In balance Over supply Vacanl {0-5%) Predominant Commercial Under 3 mos’ 3-6 mos, Over 6 mos. Yac (over 5%] | t the racial composition of the nel Helghborhood boundarles and characteristics: ww). Fatloss that alfect the marketabity ofthe properties Inthe nlghborood (pranimiy ta employment and amentes, employment stabity, appeal 1 market, ec: Subject property is located within an average residential neighborhood consisling of properties similar in size, with most propesies adequately maintained. Th cessary Supporting facilities. including schools, recreation, transprotauion and employment Tha neighborhood boundaries are Oakland . (N), Andrews Avenue (E}, Broward Blvd, (S). and 1-95 “SIGHBORHOO> ‘Marke conditions In the subject nighbuituod (Inching carport for the abuve: cone hardoms clay tothe trend ul Droperty vals, deaiand/supply, awd marketing fine == ich a5 data on Campettive properties for Sato in the wewyhborhoad. cescighion of thn: preva sales. andl Riaanciny cane eisaans, ele.) No evidencg of Mlustice Wi the nukolpluce Kecetl sates muicate the FIA, Converunal and Genet held brancng ate Discounts, interest buy downs and concessions ara ganarally nol cavealad in Public dala all present Project Information for PUDs {!! applicable) - - bs the develope:/builler in contol of the Home Owners’ Association (HOA)? Yos. No NIA Approximate total nummer of urts in the subject project = NYA Approximate tolat number of us for salem lhe subject prowct NA Describe common elemenis and recreational facilities: This section is not appticable Dimensions 62 X 400 Topogiaphy Level Site area 6,200 S.F. ee _ CoinerLol Yes | No Size Typical off area Specie zoring classification and description _01: Residential e — Shape Rectangular Zoning compliance >X Legal Legai nonconforming (Grandlathered use) legal No zoning Drainage Appears adequate tighest & best use as imoioved: 2° Present use. ___Other use fexplain 2. View Residential Utes Public Other Off-alte improvements Type Public Private Landscaping Sodding/Shoubs/Trees * EPL Bt Sveet Asphalt _. x Oriveway Surface Asphan . oo Curtvgute ~=None 1 Appatenl easements Typical utility X B.W.8 S. Sidewalk Yes . . FEMA Special Flood Hazard Aiea Yes + No Sanitary sewer =X B.W.8 S. Steet fights Yes _ 8 FEMA2one X Map Date 08/18/92 Alley. None FEMA Map No. 120) Easement of ing Ma itily of subject site were noted. Normal ulility easements for #ilecinc, telephone were noted. Survey was not provided. Flood Insurance is not fequired in this zone. CGENERAL DESCRIPTION EXTERIOR DESCRIPTION [FOUNDATION BASEMENT INSULATION No. of Units t i Concrete _ ‘stab Concrete Atea Sq. FL N/A Root Typical No. of Stories 4 _ CBS/Stucco [Craw Space No coo., /Me Finished NI Icaling Typical Type (Devan) Detached Asphait shingle |Basemenl None _ _Cadling NA Walls Typical Design (Style) Ranch. __|Sump Pump None Walls NIA Floor Exsting Proposed Existing Dampness None obser. Flooe NIA None Age (¥ts) 46 Yrs. __|StormvScieens. Screens __|Setlement None obser, Outside Entry N/A __ Unknown Effective Age {¥rs}_25-30_ Manulactued House_No- linfestation None obser. Adequate (Avg.) Foyer Lng | Qiaing_'_Kucnen "Den. _T Family Rm," Rec. Rm. [Bedrooms,_# Baths Laundry Other ‘Area Sq FL - ---f a. | . NIA i 4 Area 1 1 Z j2 | 946 & I _ 5 H Fj LL - _ = __ _T _ oot F>] Finished area above arade coniains: 5 Rooms; 2 Bedroom(s); 1 Bath(s); 946 Square Feel of Gross Living Area bq INTERIOR MaterialgCondition HEATING “KITCHEN EQUIP. ATC AMENITIES: CAR STORAGE: Ed roars ConeiC. Tile/Avg | None |Fivepiace(s) a NIA None Walls Stairs ‘Patio Garage 4 ol cars TomyFinish Orop Stair |Deck Attached Bath Floor ConciC. Tile/Avg_ . Scuttle . {Porch Detached _ . Bath Wainscot _Ceramic/Avg. Floot "Fence Built-in Doors Hol-Core/Avg. ‘Omer ©—_Wali unit jMcrowave Heatec lrot Sapo _ Condition Avg |WasheyDryer__| Finisned | Driveway _Off site ‘Aditional fealures {special energy efficient ems, elc.): Landscaping, shurbs, Entry. Condition ofthe Improvements, depreciation (ohysical, tunctional, and external), repals needed. quay of constmucton, remodeling/addiions, etc: ‘or Physical inadequacies noled. No mordernization requited Adverse envronmental condillons {such as, but not imiled fo, hazardous wastes, lade substances, efc.) present in the Improvements, on the site, of in the immediate vicinity of the subject property: There are no known or apparent environmental conditions thal would negatively impact on the value of ihe prop Freddie Mac Form 70 693 PAGE 1 OF 2 Fannle Mae Form 1004 6/93 Form UA2 — “TOTAL 2000 for Windows” appraisal software by a la mode, Inc. — 1-800-ALAMODE ee, UNIFORM RESIDENTIAL APPRAISAL REPORT FleNo. 7307 ESTIMATED SITE VALUE ESTIMATED REPROOUCTION COST-NEW-OF IMPROVEMENTS: Dwelling. 946 Sq. FL @$_57.43 = $ 54,32 17.000 |Comments on Cost Approach (such as, soufce of cast estimate, she value, square {oat calculalon and for HUD, VA and Fiitia, Ihe estimated emaining econornc tle of the property): ADMINISTRALYE COMPLAINT. F=4 The purpose of this appraisal is to estimate the markel yal | E24 and limiting concitions, and matkel vi sali fe stale inthe antaches Frescie Mac Form S397ENMA form 10048, (Revised _ G/B, EXHIB \T 4f en § ti 4 OF THER PROPERTY THATS THE SUBJECT OF THIS REPORT, AS OF 31100 " ° 8 ‘OF THIS REPORT) 0 BE $ 98,000 3 OF / fal —- SUPERVISORY APPRAISER (ONLY IF REQUIRED): PAG E ——— Signature oo oid id Not __. . inspect Property Date Repon Signed wie - Sate Ft Slate Certlication # State State Fl Or State License # State Freddie Mac Form 70 633 PAGE 2 OF 2 : Sat @$ . Valuation Services. Appliances _ _ Remaining Economic Lite is 40 year GarageCarpon So. Fl @$ it . ~ Keg Total Estimates Cost New 58,829 Land Vaiue derived thru Abstraction FA Less. Physical Funetlenat / —_ Deprectavon 24,514{ _| = 24,514 ve Depteciated Vaive of improvements = 34,315] ~o _ - “Asis Value of Ste improvements = 8,000 INDICATED VALUE BY COST APPROACH =! ‘ 59.315 STEM TL ‘SUBJECT COMPARABLE NO. 1 | COMPARABLE NO. 2 COMPARABLE | N03 1012 NW. 12 St 1039 NW. 12 St.. HONW.7 Tr T21NW.7 Tr. Fi.lauderdate | Ft. Lauderdale . _._ |Ft, Lauderdale 0.07 miton 0.55 nwon 0.57 mitos _ ds 10,000] ls 92,000] “ls 95,000 “7 06 / | ‘ 0946 /] t “102 70 / | ~ bata and ISCNEI & Drive By ISCNET & Drive By ISCNET & Drive By Verification Source fampantion fumtinction Tremp tary VALUE ALUN TM tS | __UeSeHIPOM 44 ~)$ Agus DESCRIP HON 4{=}5 dst. DESCRWON 4 (-)S Aqjust Coovontional Conventional Cunvoulional nn DAL ee InvAvg InvAvg Fee Simple Fea Simple 6 Tolal Bdms Baths, Tolal Bdrms_ Baths 5 3044 § 3 4 -{ ......_925 $9.ft. 925 Saf NA NYA [N/A JNA. . Average _ Average ~ None _ +400 | None . +400 {Typical Olt site +300 48,000 4,700 “5,400 Adjusted Sates Price of Compacable 97,400 | ‘Comments on Saies Comparison {including the subject property's compatibility to the neighborhood, elc.): The reported sales represent_¢ competition which the subject would face if presenily offered for sale. Subjact is compatible 10 improvements in the area exterior painting, new kitchen cabinets, sink wilh hardware, commode and vanity, 99,700 gross of the market “eM | suger _—. GOMPARABLENO.1 ___|___COMPARABLENO.2 | COMPARABLENO. 9 Date, Price and Oata 5/97 NIA NIA NIA Source, for prior sales | $53,000 within year of appralsal | ISCNET ISCNET (SCNET 'SCNET ‘Analysis of any current agreement of saie, option, or Hsing of subject property and analysis of any prior sales of suoyect and comparables within one year of Ihe dale of appraisal Prior sales of subject and and comparables occurred more than one year ago. INDICATED VALUE BY SALES COMPARISON APPROACH $ INDICATED VALUE BY INCOME APPROACH (jl Appicable) Estimated Market Rent__$. Mo._x Gross Rent Mulliptir N/A = $_ ya This appraisal is made \. “as is" Subject lo the reps, aeration, inspectons ar ces listed below subject (9 completion por plans & specifications. Conditions ol Apgraisat No wé 8 given or implied. No liability is assumed for the structural or mechanical elements of the "98,000 given to the Sales Comparison Analysis as it best reflects the aclions of typical buyers and sellers in the market, This is a Complele Appraisal. Reported in Summary Form. Form UA2 — “TOTAL 2000 for Windows® appralsal software by a la mode, inc, — 1-800-ALAMODE Fanme Mae Form we, ADMINISTRATIVE COMPLAINT. EXHIBIT # PAGE AL of TF Location Map Bonowe/Clent Oliver Wright Property Addeess 1012 N.W.12 St. Iciy Ft. Lauderdale County Broward Lip Code_33311 Lender Cypress Financial Mortgage Corp. 7 —t r-~.._ NW 33d Ave ~~ | Per Hw 49thist__—_-nyyy-raihyct NW 3ist Ave ! a “Nw 2am St, NW 24th ct NW 23rd St _NWatsti, 2 By PET AN HW 21st Ave Comparable #2 VI3NW.7 Tr (0.55 miles) _NW 45th St 8 2 E : z Comparable #1 1039 NW. 12 St. (0.07 miles) ~ Wastinglon Pat alan 1st Ter ~ SW 21st T. j= Gr : SW Sth PL | Dr LNW Btn St NW.7ith St Nw'stn Ct bh pee ty g,, Mwah st al| bn &|-NW 2nd St $I _SW11th Ave Ay uot MS Form MAP.LOG — “TOTAL 2006 for Windows" appraisal software by a la mode, inc. ~ 1-800-ALAMODE sf IS ADMINISTRATIVE COMPLAINT. | EXHIBIT #77 SOF tA PAGE _ Subject Photo Page BoroweyCient_ Oliver Wright Property Address 1012 N.W. 12 St. Cy Ft Lauderdale County Broward Se_Fl 2ip Code_33314 Lender Cypress Financial Mortgage Carp _ Subject Front 1012 N.W. 12 St. Sales Price 98,000 Gross Living Area 946 Tota! Rooms 5 Total Bedrooms = 2 Tota Satvooms = 1 Location int fAvg. View Residential ae 6.200 60 duality CBSIAvg. Age 46 Yis. Subject Rear Subject Street Ww ws Comparable Photo Page Property Address 1012 NW. 12 St. City Ft Lauderdale County Broward State FL. Zip Code_ 33311 [Lender Cypress Financial Mortgage Corp eae Oliver Wight Comparable 1 1039 N.W. 12 St. Prox. to Subject 0.07 mites. Sale Price 105,000 Gross Living Avea 897 Total Rooms 4 Total Bedivoma 2 Total Bathrooms 4 Lucidion IntiAvy View Residential ‘ie 1.0005 F Quality CBS/Avg, ge 44 Vis Comparable 2 1743. N.W. 7 Tr Prox. to Subject 0.55 miles : Sale Price 92,000 . Gross Living Area 925 Tota! Rooms 5 . Total Bedrooms. a Total Bathrooms = 1 Lociion InvAvg View Residential Ste 6,400 SF. Quality CBSiAvg . Age 46 Yrs. Comparable 3 1721 NW. 7 Tr Prox. fo Subject = 57 miles Sale Price 95,000 Gross Living Area 925 Total Rooms 5 Total Bedroums 3 Total Bathrooms 4 Location InvAvg CRURISTRATIVE COMPLAINT eer Age 46 Yrs EXHIBIT # PAGE __ a ia Building Sketch [Borower/Cienl Oliver Wright _ “tp Cofe 33313. Property Address 1012 NW. 42 St. County Broward Sle Fi_ [cny Ft. Lauderdale Lender Cypress Financial Mortgage Comp. ADMINISTRATIVE COMPLAINT EXHIBIT #4 __ PAGE ‘L_ oF Lx Utility: Bath room Kitchen Dining area Living room 22 X 43 = 946 SqFt. By: Charles E. Scott 3A 00 Form SKT.BLOSKI — “TOTAL 2000 for Windows" appraisal software by a la made, inc. — 1-800-ALAMODE DEFINITION OF MARKET VALUE: The most probable piice which property should bring In a competitive and open market under all conditions, Tequiste lo a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is nol atlected by undue stimulus. Implicit in this Gefintion is the consummation of a sale as of a speciiied date and the passing of thle from seller to buyer under conditions whereby. (1) buyer and seller are typically motivated, (2) both parties are well informed or well advised, and each acting in whal he considers his own best interest (3) a reasonable time is allowed tor exposure Ja the open market, (4) payment ts made in terms of cash m U.S, dollars oF in terms of Onancial arrangements comparable thereto: and (5} the price epresents the normal consideration lor Une propery sold unatfected by special or creative financing or sales cuncessions* granted by anyone associated with the sale. ' “Adjustments to the comparables must be made for special or ‘creative tinancing or sales concessions, No adjustments ae necessary : for those costs which are notmaliy paid by seliets a5 a resuil ol Wadtion or law In a market area; these costs are ready identiliable since the seer pays these costs in virtually all sales transactlons. Special uf civallve ltnanclng adjustments can be made to Ihe comparable propery by comparisons lo financing terms offered by a thitd party institutional tender that is not already invowed ta the ploperty wr Wansaction, Any adjustment should nol be calculstad un @ snectanteal dollar tor dollat cost of the Mnaacliy uF concession ‘but the dotas amount of any adjustment should approximate the market's reaction to the financing or concessions hased on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER’S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: — The appraiser's ceniftcation that appears In the appratsal report Is subject to the following conditions, 1, The appralser will not be responsible for matters of 2 legal nature thal atfect ether the property belng appralsed or the title to It The appralser assumes that ‘the Se is good and marketable and, therefore, will nol render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2 The appraiser has provided a skelch in the appralsal report to show approdmate dimensions of the Improvements and the sketch ts Included only (0 assist the reader of Lhe report in visualizing tne property and understanding the appraiser's determination ot Its size, 3. The appralser has examined the available flood maps thal are provided by the Federal Emergency Management Agency (or other data sources) and has noted In the appraisal sepot whelher the subject site 1s located in an identified Special Flood Hazard Area. Because the appraiser Is not a surveyor, he of she makes na guarantees, expiess ot implied, regarding this determination, 4, The appraiser will not give testimony or appear In court because he or she made an appralsal of the property In question, unless specific arrangements to do ‘so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at lis highest and esl use and the Improvements al thelr contributory value. These separate valuations of the tand and improvements must not de used in conjunction with any other appraisal and are invalid il they ate so used. 6. The appraiser has noted In the appraisal report any adverse condillons (such as, needed repairs, depreciation, the presence of hazardous wastes, tote substances, etc.) observed during the inspection of the subject property of that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal repo, the appraiser has no knowledge of any hidden or unapparent conditions of the propery ot adverse environmental conditions (including the presence of hazardous wastes, loxic substances, etc.) that would make the property more of less valuable, and hhas assumed that there are no such condtions and makes no guarantees ot warranties, express oF Implied, regarding the condition of the property. The appraiser will not be tesponsible tor any such conditions thal do exist or for any engineering or testing that might be required to discover whether such conditions edst Because the appraiser is not an expert in the lieid of environmental hazards, the appraisal report mus! nol be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal repon trom sources that he or she considers to be relable and believes them to be true and correct, The appraiser does nt assume responsiblity for the accuracy of such items that were fuinished by other partes. 8 The appralser will aot disclose the contents of the appralsal report except as provided for In the Uniform Standards ot Professional Appraisal Practice 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that Is subject lo satistaclory completion, repairs, of afterations on the assumption thal completion of the improvements will be performed in a workmantike manner ADMINISTRATIVE COMP LAINT 10. The appralser must provide his or her prior written consent before the iendet/client specified in the appratsal report can distribute the appraisal report E finctuding conclusions about the property value, the appraiser's identity and professional designations, and relerences to any prolessional appiaisal XHIBI T # ‘organizations o¢ the firm with which the appralser Is associated) to anyone other than the borrower, the mortgagee oF its successors and assigns, the mortgage insurer, consuttants, grolessional appraisal organizations; any slale ot federally approved financial instteion; o any department, agency, or instumentality of the United States or any stale or the Oisticl of Combis; except thal the lendet/client may distribute the propery description section of tne seport only to data —6_ OF LF collection ¢ reponing service(s) without having 16 obtain the appraiser's prior wrltlen consent The appraiser’s wnten consent and approval must also be obtained before the appraisal can be conveyed by anyone to the pubiic through advertising, public relations, news, sales, or cther media Freddie Mac Form 439 6-53 Page j of 2 Fannie Mae Form 10048 i] . Charles €. Scotl Appraiser : Form AGR — “TOTAL 2090 for Windows" appraisal sotware by a fa mode, inc. — 1-800-ALAMODE yz APPAAISER’S CERTIFICATION: The Appraiser certifies and agrees that: 1, have researched the suidject market area and have selected a minimum of tree recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when approptiae to reflect the market reaction to thuse items of sxgmicant variabon, Il a significant tem in a comparable property is superior to, of more favorable than, the subject propery, | have made a negative adustmgnt to reauce the ads 8 pce athe compari and i a sgn tem oa cata ropety is ne t,o ess Ivaable Ian the subject rope fave mage 2 positive adjustment to increase Lhe adjusted safes price al the Cunmparable. 2 U have taken Inlo consideration the factors thal have an Impact on value"ln my development of the estimate of market valve in the appraisal report, 1 have not knowingly withheld any significant information trom the appratsal report and | believe, fo whe best of my knowledge, that all slatements and infaimavon in the apptalsat copor are Ws and corcuet. 3. slated In the appraléal report only my own personal, tindlase, and professional analysis, opinions, and conciustons, which are subject only to the contingent and liming conditions specified in this form. 4. | have no present or prospective interest In the property that Is the subject lo this seporl, and | have no present or prospective personal interest or bias with respect to the participants In the tansaction. | did nol base, ether partaty or completely, my analysis and/or the estimate of markel value in the appraisal report i the tace, culor, relglun, sea, haullcap, andlal slalis, oF atonal wight of ether the prusyieciive uwrers. a ceupinls of Re Subject piapenty OC uF abe: puestatt ‘owners oF occupants of the properties in the vicinity ofthe subject propeny, 5. [have no present or contemplated (uture Interest in the subject property, and neither my current of future employment nor my compensation for pertorming this appraisal is contingent on the appraised value of the property. 6 | was not required to report 2 predetermined value or direction in valve that favors the cause of the client or any related party, the amount of the valve estimate, the atiainment of a specific result, or the occurrence of a subsequent event in order to receive my cumpensalion anor employment for jevforming the appraisal, 1 id not base the appraisal report on a requested minimum valuation, a specific valuation, of the need lo approve a specific mortgage joan. 7. | pertormed this appraisal In conformity with the Unitorm Standards of Protessional Appratsal Practice that were adopted and promwigated by the Appraisal Standards Board of The Appraisa! Foundation and that were in place as uf the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. | acknowledge that an estimate of a reasonable time lor exposure in the open market IS a condition in the definition of market vatue and the estimate | developed is consisient with the marketing ime noted ln the neighborhood section of this report, unless F have otherwise stated in the reconckiation section. 8. I have personally Inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables In the appraisal report { lurther certify thal | have noted any apparent or known adverse conditions In the subjec! improvements, on ihe subject site, o/ on any se within the immediate vicinity of the subject property of which | am aware and have made adjustments tor these adverse conditions in my analysis of the property valve to the extent that {had market evidence to support them. | have also commented about the effect of the adverse conditions on the marketabiity ol the subject property 9. | personally prepared ail conclusions and opinions about the real estate that were sel forth in the appratsal repon. i | relied on significant professional . assistance trom any individual or individuals in the pertormance ol the appraisal or the preparation of the appraisal repon, | have named such individual(s) and - : disclosed the specific tasks performed by them in the reconcitation section ol this appraisal report. ( certity that any individuat so named 4s qualified 10 pertorm the lasks. [ have not authorized anyone to make a change to any item in the repon: therefore, if an unauthorized change (s made to the appraisal repon, | will take no responsiblity fot it SUPERVISORY APPRAISER’S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he o¢ she certifies and agrees that | directly supervise the appraiser who prepared the appraisal zepor, have reviewed the appraisal ceport, agree wath the statements and conclusions of the appraiser, agree Wo be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibilty or ine appraisal and the appraisal epor. ADDRESS OF PROPERTY APPRi S 012 N.W. 12 St.., Ft, Lauderdale, Fi. 33311_ SUPERVISORY APPRAISER (only It required): Seeley ae ADMINISTRATIVE COMPLAINT ee ger i State Certification #; RO00C1851 _ oe State Certification # # EXHIBIT # | . ov State License #: State Certified Appraiser or Stale License #: Stale Fl : State: _ _ c _ Expiration Date of Certication or License: 11/90/2000 ____ Bspiration Date of Gencation or License _ PAGE OF vi x _ iene seteeneneend [Old 7) Bld Not Inspect Property Freddie Mac Fom 29 659 Page ol? Fannie tae Form 10088 6.5 Form ACR — “TOTAL 2000 lor Windows" appralsal software by a la mode, inc. — 1-800-ALAMODE Y3 QUALIFICATIONS OF APPRAISER Charles E. Scott 931 N.E. 79th St. Miami, FI, 33138 (305) 757-7111 FAX (305) 757-7117 E-Mail: CEScott] @Bellsouth.Net EXPERIENCE: Over twenty years appraising. , a 1974 - Present. FEE APPRAISER: (Sample of Clients) Federal Housing Administration (Valuation Section), Dade and Broward County. Veterans Administration, Dade County, Fl. Dade County Off ice of Transit Administration, Eminent Domain Appraisals. Nations Bank, FDIC, Oceans Bank, City of Miami, S & L Financial Services, Corp., Purdentia! RELO, Merrill Lynch Relocation Management, Bankers Life Co., Barnett Bank, Colorado Federal Savings Bank, Eagle Financial Services, Harbourton Mortgage Companies, State Farm Automobile Insurance Co., Coldwell Banker RELO, United Guarantee Insurance Company, Dial Finance Company, Valuation Administrators, Ltd., Walt Street Mortgage, Cendant Mobility-Stars Relocation, Coast To Coast Evaluation & Marketing Home Gold, Inc, M.D. Webb & Associates EDUCATION: y re, . ADM INI STR. ATIVE co MPLAINT Graduate with bachelor of Science Degree from Morris Brown College, Atlanta, Ga EXHIBIT #f APPRAISAL COURSES, PAG E 0. OF {xr . MeKissock Data Systems , Appr. 2-4 Family Residential Prop. 5/98 McKissock Data Systems Envirn. Cosiderations for Appraiser 5/98 glue APPRAISAL COURSES (Continued) Appraisal Institute Appraisal Institute McKissock Data Systems McKissock Data Systems McKissock Data Systems McKissock Data Systems Appraisal Institute Appraisal Institute Appraisal Institute Appraisal Institute Appraisal Institute Bert Rogers School of R.E. SREA SREA Marshall & Swift Valuation Services Marshall & Swift Valuation Services Streamline Appraisal Proces 11/00 430-spP, Part C 12/00 Factory-Built Housing 4/00 Automated Valuation Models 4/00 Regression Analysis 5/98 USPAP 5/98 Part A, Prof. Practice, 12/94 Part B, Standard Practice, 12/94 Persuasive Style in Narrative 5/94 Power Line Easement and Electric Magnetic Fields Effect on People and Value 4/94 7 hour USPAP Core Law for Appr. 6/93 USPAP 1/92 Applied Residential Property Valuation ‘92 Course #5116 & #5213 (Pre Cert) 5/79 Cost Handbook (residential basic use) 1/84 Segregated Method 1/84 SREA Applied Res.Property Valuation 12/82 SREA Buy Down Seminar 12/81 SREA Intro. Appr. Real Property #101 12/77 SREA Prin., Income Property Appraising 5/79 SREA Narrative Report Seminar 3/79 SREA Inner City Neighborhood Analysis 1978 AFFILIATIONS: Candidate of the Appraisal Institute, State of Florida Certified Residential Appraiser (#RD 0001851) Qualified in Circuit Court, Dade County as Expert Witness. ia ADMINISTRATIVE COMPLAINT OTHER ASSIGNMENTS: EXHIBIT # | ; ; a we isposition Section, D: PAGE [ ( OF / }— Area Manager, Federal Housing-Administration, Property Disposition Section, Dade County, Fl. Special Master, Dade County Tax Adjustment Board. OTHER ASSIGNMENTS (Cont.) Adjunct Instructor, Miami-Dade Community College, P & P I and II. In addition to the above clients, my appraisals have been accepted by investors, Attorneys, CPA’s, and numerous mortgage companies and lending institutions. ADMINISTRATIVE COMPLAINT EXHIBIT # PAGE 0 /? oF _ fF if ve APR~@3-B2 WED as:23 am Charles E. Scott 931 NE. 79 Street Miami, Fl. 33138 State of Florida Department of Business and Professional Regwation $080 Coconut Creek Parkway Suite A Margate, Fl. 33063-3942 March 28, 2002 Re: DBPR Case Number: 2001-500226 Dear Mr. Thresher February 25, 2000, a telephone cai] requesting an appraisal from Cypress Financial Mortgage Corporation, 8001 S.W. 36 St., Davie, Fl. 33328, 954-473-1155, FAX 954. 473-0304, for subject Property 10112 N.W. 12 St., Ft. Lauderdale, Fl. 33311. indicated to Cypress Financial that ty computer crashed and it would be a few days before I could get to the appraisal due to lack of ability to search Public Records and search for comparables. transmission An appraisal was made for the above company and submitted. A few weeks or months later, another call was received from Mortgage Capital Inc.,4200 N.W. 16 St., Ft. Lauderdale, Fl. 33311 requesting a name change and re-assignment of the appraisal to their company. My response was that I was not able to change the name of the owner unless there was evidence ofa closing and a Copy of the deed and closing statement supplied to me in order that a recorded transfer per deed could establish such change of ownership in my files. A Special Warranty Dee was faxed to me which was faded and hard to read. yet it looked official to me and I made the change both of the mortgagee and owner who was verbally told to me was Tammy C. Gordon. PF OEIVED APR O03 2002 DIVESiVtN UE REAL E AL ESTATE ADMINISTRATIVE COMPLAINT EXHIBIT # PAGE OF 97 ZO | —L s3l92 OPR-@3-92 WED @8:24 aM There was never an attempt to assist in or desire to provide other than an appraisal that sould be considered for evidence of value indication for a mortgage. [f there were motives set forth by any parly involved with Cypress Financial or Mortgage Capital, to deceive, falsify, or in any manner dishonor the profession of real estate in general, it was beyond my knowledge, without my desire or consent to assist in any manner what so ever in any possible gain, which was possibly done in secret with the party or parties so inclined with such an attitude. Any person who has had an appraisal request with me as an appraiser is aware that I attend choir rehearsal on Thursday nights, teach Sunday School at my church, and attend church service cach Sunday. Therefore I am here in my office late nights ou occasion to complete appraisals. The ease of movement from accepting a request to motive of the requester has not been a consideration in most industries in the recent past. Now there are various avenues which we as a nation have to become aware of, take appropriate action where necessary to protect the good of this country due to the acts, actions and overt actions of segments of our society that places their individual desires above honor, respect and secking good of every effort, action and the needs of others. If my report has in any way been applied to benefit the unethical, then you must note that I was not awace of their efforts, did not receive any gain from the actions taken, nor was there ever a desire other than to perform an honest, factual report based on standards set forth procedurally from Public Records to the printing of a completed report Cypress Financial or Mortgage Capital are not related to me, nor do I have a financial interest in or fiom either party. Additionally, if any actions were taken that were not normal, factual, or forged, then my knowledge of same was none. There have been concern that possibly someone has done a few appraisals that were not completed by me, yet I can’t prove who has, how many, when or by whom such an act was perfornied. I don’t know how to defend myself except to tell the truth as I know it Charles E. Scott St. Cert. Appr. #RD 0001851 -O3 CE CFIVED 2°0 03 2002 VIVISIVIN UF hems SRIAIE ADMINISTRATIVE COMPLAINT EXHIBIT # PAGE DX oF a 55 953 Final Order No. B st pR.2002-01264 Date: 4222262, Department of Business and Professional Regulation AGENCY CLERK Sarah Wachman, Agency Clerk By: ak bchemti STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE Petitioner vs. CASE NO. 9983364 CHARLES E. SCOTT, Respondent / FINAL ORDER -On April 2, 2002, pursuant to Sections 120.569 and 120.57(4) of the Flonda Statutes, the Florida Real Estate Appraisal Board heard this case upon a Stipulation. , After considering this Stipulation and being fully advised in the premises, the Board ORDERS the Adoption of the agreement. A copy of this Stipulation is attached hereto as Exhibit A and made a part hereof. DONE AND ORDERED this 2™ day of April, 2002 in Orlando, Florida. ivision of Real Estate ADMINISTRATIVE_COMP LAINT EXHIBIT 4. pace ___ | of =e CERTIFICATE OF SERVICE " 1 HEREBY CERTIFY that a true copy of the foregoing was sent by U.S. Certified Mail to: Luiz Fernandez, Esquire, 2250 SW 3 Avenue #201, Miami, Florida 33129; and a copy provided to Stacy N. Robinson Pierce, Esquire, DBPR, 400 W Robinson St. 308N, Orlando, Florida 32802, sris ROM aay of Apri | 200. Sarah bIchnan ADMINISTRATIVE COMPLAINT EXHIBIT #. > PAGE DZ OF 3¢ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL EOARD FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, v. DBPR Case No. 99-83364 CHARLES E. SCOTT, Respondent. STIPLLATION Petitioner, Florida Department of Business and Professional Regulation, Division of Real Estate (DEPR}, and Respondent, Charles E. Secor, hereby stipulace and egree thet the Flonda Real Estate Appraisal Board (FREAB) issue a Final Order adopting and incorporating the provisions of this Stipulation as final agency action in this cause. STIPULATED FACTS AND CONCLUSIONS OF LAW i * Respondent is and was, at all times material herein, a state-ccrtified res:dentiz] real estate appraise in the State of Florida, having been issued license number RDOCO1S51 in accordence with Chapter 475, Florida Statutes. The iast license the Stzte issued Respondent was a5 a State- certified resicential real estate appraiser at 931 N. =. 79" Street, Miami, Florida 33238. 2. Respondent admits being subjcct to the provisions of Chapter 455 and 475, Florida Statutes, the rules promulgated therete and, therefors, to the jurisdiction of DBPR ard the FREAB. 3. Respondent admits that DBPR served Respondent with the Administrative Complaint, charging the Respondent with violztion(s) of certain provisions of Chapters +35 or $75, ‘ADMINISTRATIVE COMPLAINT : ‘EXHIBIT # PAGE 2 oF XS FDEP v. Charles E. Seon DBPF, Case No. 99-83364 STIPULATION Florida Statutes, and /or the mules promulgated thereto. A copy of the Administrative Complaint is aached hereto and incorporated herein. 4. Respondent admits to Count I of the factual allegations contained in the Administrative Comzlaint and that such ailegations constitute a violation(s) of the counts(s). 5. Respondent neither admits nor denies Count Il of the factual allegations contained in‘the Administrative Complaint and that such allegations constitute 4 violations(s) of the count(s). 6. Respondent shall not in the future violate Chapters 455 or 475, Florida Statutes, or she rules promulgated thereto. 7. This Stipulation shal] become effective immediately upon filing of the Fina! Order (hereinafter referred to as the “Effective Date”), All dates ceterenced herein shall commexce to run on the Effective Date. STIPULATED DISPOSITION 8. Petitioner shall dismiss Count I] ef the Adminisradve Complaint. 9. Respondent shall pay an administrative fine of $1,500.00 and $156.00 in costs. Respondent shall pay the fine and costs by separate chec‘ss payable to the Florida Department of Business and Professional Regulation, Division of Real Estate, within one (1) year from the Effective Date herein. 10. Respondent shall begin probation for a period of one (1) year from the Effective Date herein, during which period Responcent shal] provide onginal evidence of satisfactory completior: of fifteen (15}-hours of USPAP ABIV education course within one (1) year Som the Effective Date herein. Respondent shall attend one Florida R2el Estate Appraisal Board general 2 ADMINISTRATIVE COMPLAINT ‘EXHIBIT #3 ’ a nae PAGE 4 or 3 FDBPR v. Charles £. Seow DBPR Cate No. 99-£3364 STIPULATION meeting from the noticed time for the duration of the meeting not to exceed five o'clock p.m. within si (5) months from the Effective Date herein. Should Respondent complete the educational requirement(s) bezore the conclusion. of the ene (1) year probation term aad provides satisfactory proof thereof, probation shall terniinate. The education herein is in addition to any requirements for Responden: to maintain the real estate appraisal license. 11. Noncompliance with the terms of this Stipulaticn shall result in the suspension of Respondent's licenses, regiswations, certificates, and permits until Respondent submits satisfactory proof of compliance to DBPR. The suspension period shal! rot exceed ten ‘a 0) years. Reinstatement shall be effective as of the date DBPR receives satisiactory proof of compliance. Reinstatement requires submission of propes forms, which may include Form 400.3 and/or Form 400.5. 12. The FREAB News and Repert shall publish a summary of action of Final Order, as follows: Miami: Charles E. Scou, state-certified residential real estate appraiser (RD0001851); fined $1,500; one yr. probation; 15 tr. USPAP ABIV course; attendance at one FREAB genera! mesting; violated a stancard provision of USPAP. 13. The parties understand tha: this Supulation is subject to the approva. of DBPR and of the FREAB, and that in the event of its disepproval, it shal! have no further force and effect. 14. Respondent has executéd this Stipulation to avoid further administrative action with respect to this cause. Respondent authorizes the FRE.4B to review and with examine all DBPR investigative materials prior to or in coniunction with its consideration o7 this Stipulation. Furthe:, ADMINISTRATIVE COMPLAINT EXHIBIT # . 3 | PAGES SS 3 FDBPR v. Charles £. Scout DBPP. Case No, 99-8336+ STIPULATION in the event the FREAB disapproves this Stipulation, Respondent agrees that examination of any documents or records related thereto shall not be deemed to beve unfairly prejudiced DBPR, the FREAB or any of its members, nor shal] such action disqualify any of them from further participation in the resolution of this cause. 15. Respondent agrees that Petitioner may conduct further investigation at any time subsequent to the FREAB’s acceptance of this Stipulation, including, but not limited to, audits of the Respondent's files. Respondent further agrees that Petitioner shall have any and all rights ard authority the law provides to insure Respondent's compliance with Chapters 455 and 475, Florida Statutes, and the rules promulgated thereto. Respondent further agrees that DBPR and the FREAB may consider this Stipulation in cornection with any future disciplinary proceeding. 16. The parties understand that this Stipulation and any final order adopting and incorporating its terms shall not p-ecluds cr deter DBPR or the FREAB from other disciplinary proceedings against Respondent for acts or omissioes unrelated to those set forth in the Administrative Complaint hercin. 17. “Respondent hereby waives all notice requirements and right to seek judicial review or to otherwise challenge or contest the validity or enforcement of the terms of this Stipulation and/or of any resulting firal order of the FREAB adopting and incorporating same. 18. All parties hereto shall bear any and all zttorney's fees and costs they mey heve incurred in connection with this cause. 19, Should Respondent withdraw Sora or in any way or manner cancel, annul, alter, repudiate, or revoke the terms of this Stipulation prier to presentation or consideration by the 4 ADMINISTRATIVE COMPLAINT EXHIBIT # te FDBPR v. Charles E. Scott DBPR Case Ne. 99-83364 STULL ATION FREAB, Respondent egress to waive any nehts tc seek attorney's fees anc costs Respondent may have incurred as the result of the disciplinary proceeding up to and including the date of withdrawal from the settlement Stipulation or attempt to alter. change, annul, repudizie, or revoke the terms of this Sapulation. 20. The FREAB has taken prior disciplinary action against Respondent EXECUTED this 20 aay of Ua ods? , 2001. CHARLES E,SCOTT BE ORE. ME the edersisnee authority, this a dav of oven &¢ 2061 pecsonally appeared Charles Scott who is personally known te me or who has produced and hes swore and subscribed to the foregoing. py, P State of Florida at Large i + So connec boos My Commissioa Expires: cS. At Expies S oe. 2008 ADMINISTRATIVE COMPLAINT EXHIBIT # PAGE —L + 3 uo EDSPR v. Charles E. Scout STIPULATION SYMijm APPROVED this ____ day of 6 DBPR Case No. 99-83364 , 2001. 4 t of Business & Professiefial Regulation By: Director, Division of Real Estate ADMINISTRATI EXHIBIT # PAGE oF VE COMPLAINT STATE OF FLORIDA : DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BOARD FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, v. CASE NO. 9983364 CHARLES E. SCOTT, Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Charles E. Scott (“Respondent”), and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT I. 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 RD0001851 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 931 NE 79 Street, Miami, Florida 33138. 4. On or about January 29, 1999, the Respondent developed and communicated an appraisal ADMINISTRAT} EXHIBIT 4 ed OMPLAINT OF PAGE Lor Z—— FDBPR v. Charles Scott Case No. 9983364 ” Administrative Complaint report (Report) for property commonly known as 21 & 23 N.W. 76 Street, Miami, Florida 33150 (subject property). A copy of the Report is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. The Report contained the following errors: a. The Report indicated the marketing time in the neighborhood as three to six months, while a large number of listings in the subject neighborhood expired unsold after marketing from six months to four years; b. The Report failed to state the actual income rent of the subject property, although it indicated that it was tenant occupied; The estimated market rent is indicated as $650 per month for the 2-bedroom ‘units and $750 per month for the 3-bedroom units, while the Multiple Listing Service indicated that approximately 21 properties in the area ranged from $350 to $550 per month fora 2-bedroom unit and $500 per month for a 3-bedroom unit; d. The overstatement of market rent resulted in an overstatement of the Income Approach in the Report; e. The comparable sales listed in the Report were not typical sales prices in the local _Market; f. The Report failed to state two previous sales for comparable sale #1 of $34,000 on January 8, 1999 (O.R. Book 18442/Page 4376), and January 15, 1999 for $101,500; The listed sales price in the Report for comparable sale #1 of $116,000 could not be verified in the public records; ADMINISTRATIVE COMPLAINT EXHIBIT # : PAGE 76 OF 26 2 EDBPR v. Charles Scott Case No. 9983364 Administrative Complaint h. The Report failed to list two previous sales for comparable sale #2 of $110,000 on March 10, 1998 (O.R. Book 18015/Page 1155) and for $38,000 on March 6, 1998 (O.R. Book/Page 1138); i. The Report failed to disclose three prior sales for comparable sale #3 of $130,500 on January 25, 1999 (O.R. Book 18477/Page 1459), for $117,500 on May 8, 1998 (O.R. Book 18096/Page 519), and for $6,000 on May 5, 1998 (O.R. Book 18096/Page 519); The Report failed to provide a basis or support for the stated reproduction cost new of the improvements; k. The Report failed to indicate a basis or support for the estimated land value; 6. These errors resulted in a faulty, overvalued, and misleading estimated market value. 7. Petitioner obtained an expert review of the Report. A copy of the review is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. COUNT I Based upon the foregoing, Respondent has violated a standard for the development or coramunication 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 I 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), Flonda Statutes (1997). ADMINISTRATI ‘ATIVE COMP 3 EXHIBIT # LAINT. FDBPR v. Charles Scott Case No. 9983364 Administrative Complaint COUNT II Based upon the foregoing, Respondent is guilty of culpable negligence or breach of trust in a business transaction in violation of Section 475.624(2) of the 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 ts; By administrative fine of up to $5,000 for each count or offense; imposition of investigative cos 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 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 4 ADMINISTRATIVE COMPLAINT EXHIBIT #__< a PAGE /*or 3 Z EDBPR v. Charles Scott Case No. 9983364 Administrative Complaint 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. a SIGNED this cs day of i ph , 2001. nt of Business and égulation lorida Dep Professional By: Director, Division of Real Estate ATTORNEY FOR PETITIONER TTORNEY FOR PETITIONER Sunia Y. Marsh Fla. Bar No. 0068896 FDBPR-Division of Real Estate Legal Section ; 400 W. Robinson Street, N308A Orlando, Florida 32802-1772 (407) 481-5632 coe (407) 317-7260 - FAX ions) Regulatien yotba PCP: MC/EC/PA 8/6/01 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 5 ADMINISTRATIVE COMPLAINT EXHIBIT #_—Z P, FDBPR v. Charles Scott Case No. 9983364 Administrative Complaint 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. ADMINISTRATIVE COMPLAINT 6 . EXHIBIT # ‘ 5 : PAGE (4 OF eZ j Harrower Caent Eucaioo Aine? | wee eee ee ee FN 71S Property Agaress 27 NY 76 St es a - - . Chy_Miary Coumy, Dade, Siate_ Ft Da Goce 33150 _ (ender MEG Manqane TABLE OF CONTENTS ADMINISTRATIVE COMPLAINT EXHIBIT #3 oe AGE [SOF 2 OOO AINT NS Form IOCNP — “TOTAL 2000 for Widows" anpralsal software By 2 la made, Wee, — 1.400-ALAMOOE ADMINISTRATIVE EXHIBIT + PAGE ____/ oF OMPLAINT SMALL RESIDENTIAL INCOME PROPERTY APPRAISAL REPORT Summary Appraisal Resort Fate, 7150 Property Auoress 21.8 2INW.76 St ee oY Mee ___- Sua Fl___ Dp ceoe_ 33150 Lo my Dace Legs Oesempsen Lot 3, € Court of Phoenix PX A Rasub , PB 3/105, Assessors Pea fa, 01-3112-064-0020 _Turyour 1997 RE Tas § 1,192... _ Spagtal Aasessmants § N/A _15495 Eagle Nest Sule 230, Mian Laxes, F133014 Address 93¢ NE. 79 St. Mian Fi 33138 LendeyClet_ Pnme Ey Hsahoarnoad cc Project Name . _— Map References Gammis Tag 14. 010-6 Fl sore Bamacg A Carter Curent Owne Nancy § Estela Iglesias | _ Qamer Tenant vacant property ahs ipotsised = Fee Simple Leaserud | _—Provect Tyow Pup Condon . to SwepPmee§ 115.000 Qate of Swe 02722/1999____ Qescrmpuun and § amaya! of loan chargesy concessions 10 be gad by Seles NIA ~~ The St Naw: Race wid Ge redial Comoesiton of Ow eeghberhoed ar het appeal actor, Hleynvornoed boundanes and cAasclensucs, Tha negndornood boundary Street (SL and 1.95 Expressway (WY) | Wd atures, vORIITT Halahty, 4O0EE I TUNA, Fiore Pat ect he muah asbuty Re uganda ine Naghefoed {aunty 1a wry Subject property 13 local 2nd, quardropiaxes scattered ihrougnoul ing rangndornood, Th shopping, recreation uanspocaton and employment. _ waitin an aw nes 10 Me wdacl woouly 9 He ub.4! naynbosnou, The fokowng walable Hangs represen! tNe mou CULO war, and prawmale Compete H.O0C) {Lsings udade De a2Rcl cughouhoul ue mol conmucrad 1poee ake 7 “coeimgig OSTinG ot |” —Conbannine using io'3” "|" comPadieg usta nd 3 sa21NW. 38 St 1068.N W. 21 st UWB TINW 76 St. iam Sypouatg yet nat [36 Aporas gays.o martes LWA _ Compurison of listings to suincc! popaty: Tata conaboas Wal alecl 24 larly procerves m He GbE! pagheornood {chang the stove noyrbatood wacsio’s those general conditions reported for the market area There is na nhwrant agvantas 15 that {hey would grvs to any resudental property. Lenders give the same consideral growth fale, orupetty values, Garrard supply, and mustedng Une} and the prevalence anc impact in the subject mans aoa reqauing loan ascouns, Iniuest uyvowes anu concessions, and icentstcaton of tends in tsing grices. arerage days on mavkus and any change over past year. #.. The market conditrons Inet lace 2 19 4 family properties a9. aogier Charies € Scan ‘Loeaten fa (ee nen Tanaly Rousing Papeigant j ra raw Bait up Under 25% | Occupancy By ys) | Gecupaney j bby we Growin rate Slaw 3) Owner 70. tow $0!) Owner 90 _ low __ $5 Property values, Decaning |} Tenant 110 tn 7S! fonan as” Demand/supoty Over supply {7 Vacant (0.5%) LE! Predonvnant 2)” vacant (0-54) teal Haaeg img Under J mes, -s2.6.inos, Over 6 mma | vacant tover 93) | wee ee. SSE vara tone ye L WIO 6S Typleal D4 lemuly tag. Type Duptex _ Mo somes 1 ito. umes 2 Age 63 | yts | PresentianduseS | Land use change Typlealrenis$ $25 so S SCO wmieasng _, Slade | Decnang jOnelamly 95 | + Mot ukety key [ESL naghbornood api vacanty | wcreasng = \, Slaple Oecirung, [2slamy $ _ ! In process ta: Rent contvots Yes 1s, tle Lay yes or thety, describe =| Mugdamey ro | Commercial exdiential neghidonooy consisting ut mostly sungte family cesiancas, wih duplexes, Inplexes, ‘schgols, Ts nays a honded la cvahuld Ws4 ewrarvory cuonly on the MURAL ComocEnY wal We mE! LURK A TNE wbARE RaryAbOHHUUd an FACE nce aNd mateArG Urn YORE UFLCONG UIE wae The tsury comuasaDles can Oe Whe tual OF Sue Commuranica ty ae cuUrsuly fr Se, Aggregs Mom Mam Prongrety to Swot , sees Solum fun g 117,000 we (UST MUS . ae 8 2 wich would face Omensions SZX 1000 _ STonogapmy Le - - Sue area 5,200 SF. . Consist = tte Yes Sie Typical Specific zorung ctasswficaden and descnpyon _R-4: Meum Density Muttiple coe ee oe SHADE Rectangular . ] Zoning compiance >, Legal Legal nencenturmng {Gianatatescd use) Mey «=o zoning, Oramage = Appear: . i Highest and best use 4s imosoved: Preseng use Diner use (exp!) “View Resweniat | i _; Landscaping _Sodding/TreaySnurps. | Ctrslleimpevenens Type Pubic Private Onveway = Asphalt __j Steet Asphalt a i Aogarent eascmenis Typica __, jkutguis None . oe MOWSS ‘\Saewak Nor _ FRA Special Rood Hazara Wea yes °. te MOW &S ___{Sweetigns Yes 00 jFEMWA Zone X Map Gate 3294 | | atey None LFEMA Mapa 1202500181 J Easemurt of Record. NO Commests (apparoM adea 22 caseaneNs, aNCTERCHinEAS, seca ASSeNEMENS, side areas. Mga! ws legal woucaniuctaig zoning, 45, IC J encroacnmunts observed No sdvarse factors alfacting marketabiity of subject silo were noted. Flood Insurance 14 nal requirud if this 2008 PAGE 1 OF 4 Chanes £, Scot Appraiser Fun SAD — “TCTAL 2000 foe SMincows” apprarsal sottware Sy 2 la inode, ne. — 1-200-ALAMODE Frese Alac Fou 72 1864 Fannve tae Foun 4025 1093 SMALL HESIUEN TIAL INCOME PROPERTY APPRAISAL KEPOKT ‘General descaipton {Exerier deserlpton (dlatenatsvconmuve) :Faumdaton InsulaSan (A-vane d anno) cabins i {eet otlane Rinatorod concer ery NA Hol Sioney bree wats CUSiStuxco {ciam space Yes = _ Cating Type (eet zatt) Rat surface Aspnait stiagle [Sump Pum N/A . 7 awais Cesgn (styie} Gates $ awnspts, NVA 'Damoness None opserved Flour 7 Mundow type Single hung _|Setemenu None opserved. >. Hone 1a constrycton j Sum sasvScuams NanesYes lesion == None observed eqwuacy 36, | Maneticwueg hausiag” Yes 26) Na | Basement NIA Sot tet flow wea Enea efficent dems. | Basement wes _ Agequacy Avg ) {Computes wun the HUD Munufzctured Housing L _ Gonsirychon ang Satery Stanowds | Ura Level; Fover Cima | Kienen | Cen !fumiyum} Bearooms| # B2mns P taunery | Ou 2 Se mut. Tow / 1 to ot Do _. a49. ANG 2 4 tl ry 1 2 i 4 I 561! 56) T t q i > ~ 38. Nee ee ee ee aa |. - . { I - | : ‘cepoverments carte - 3 Acoms: 3_sunisi. JA10. Scuut ims A GROSS ALRONG AREA GACSS BURCING AREA (GRA) 1S OEFHED ZS TRE (OTAL FIMNSHEO APEA INCLUDING COACH AAEAS) OF IME IMPROVEMENIS 36260 UPON EXTERIOR Fy essuveents FF surttoes (Matenars'conciton) Kilenen equa. /unircond) =F Atte ‘Ca Slarage Ho, Crs 1 Fred: cars Hovity TileAvg NA Reingerator = 2 | _ None Garage ~ ‘sues PrastereiAvg NA. pRangerven 2 fe Shaws Capon Tuyfewsn — WoodsAvq. NIA Onpowt f | Drop sie Attacneu aun Poor HWA TiielAvg Distwasier i Scuite Ousacraat dun wanset Cetamic/Avg Faynuod 2 . Floor Ageuuale Ccas Hol-core/Avg NIA jCompacia . | neated lnadequate NIA Veasreehleyet fren Onin __ . NYA | Meters ee fe Untiewste Have ’ Starcom \ Facotucets) Songaon of the umorevement m ‘Tepreciauon (pnyacat, lungaonal aed exlesnas sntequscirs, te )E onthe value of tne subyect IS ep. Oecd, sully vl Consizuchion, aUuwnunl [ealures, Manermcawen AC LeU cappeenack tte Gnas cary agen aan taen naa No Funchortal ar Physic eradaquaces noled No Agverse envzonmental concbons (such a ne swopect propery: No aaverse envorormen bul rol Envied 10, hazardous wastes, tauc sudslances, e¢,) present at Ine mprovements, On ihe se. oF nthe immediale vicwuty ut mediate acea urovauing subject OF AIPAOVERIERTS. ESTWMAATED AEPAOOUC TION COST-*U “WALUAT 45,000 } Comments on Cosi Aopraacn (such as, source of ¢ TON ANALYSIS omiaiy, site valve, Squuze Hot cacylauon and, for HUD and YA, me estimated remarng ecenormuc Mle cl ine pranerty) ng ‘cal contractors The Cos! 1410 Sa OS “3762 <8 4 SG ROS we BS - WALES SUR @S | The Remaining Ex: e's 40 Years SASS je re Apphances Total Estmated Cust ow Prysical § Funcuond Enenat ee . Seal Denecason — __27,438! oe 27,436 - a s Depeecialed Value of Improvements, ss 58,206 | _ ow _ “Ag ist Vaiue ol Sile evgrovernents =s 12,000 aT By ecacaTED VALUE BY COST #PPROACH 2s 315.306, Fone Bae Foren 1025.10 9 Fr.que slag Fou 72 10-94 PAGE 2 OF 4 Foam SPQ — “TOTAL 2000 for ¥anouws® appraise! solute: yy ag ode. ine, = 1-4U0-ALALSOOE ADMINISTRATIVE COMPLAINT. EXHIBIT #_—« PAGE ___/ oF SMALL RESIDENTIAL INCOME PROPERTY APPRAISAL REPORT mad wedyead Ww Wy wectlen, THE Tefal SORYUCGRS SAMUEL eiemeA Ta heat iM ah dasl Mice LE CMP aan wile Tava and RaUTUFe EE EOE Zoltar ft Cummeta 9 Mad v8 win iv Ine sales comparison ans) The wocaeSAl renal shuukl JAKE the reader thar Ihe inkls sod prunes Selecheal 48. coengr fg 1c vad Wats, etefote, Ie eM CanCataban Ysa wet Put Me Orewa obs Ite at tad eopety(Ouuh Iles oeMtS xm ter amen. peugetty} ant acct dioy Mirra atathet fea Roe sale uawealy Guess twsver a ed antny HRe ee 0p eM i SUMEC! | COMPARABLE RENTALNO} | COMPARABLE RENTAL NO 2 RABLE RENTAL HO 3 audess DENY 78 St. [771M Ww 78 SI 124.N W, 100 St :9680 NIV 8 Ave Mami | ee Prewaty ha -aaieet Watton 8 bias, [vans tte Hai inva Month tg Monte Months to Mont | Moth 19 Monts Nac suevey date rR Esa Lesa ‘Data source Inspecnon 1Orve By Inspection & Agent i Orve Sy Inspection & Ageent [Owner . i. jee nen. NIA {NIA ~ Haw concessions NIA NIA . ‘yong The Vic 0. OREO [fa Us 2 Me vic O WR Te" [tio vis 2 | Ouplex, {Dupes . ta pen Cone | sue Tout fin Cont | ue | ay | ay Mart | Hot Le We Sap | snare tse | Tot! Bethe geo) 700 a]? 1 1,002 soo; 4 231 yay) Joo ayg[ ig 1002 woore le, ty | caf Sumilae Suamiae cee Sana 2 3 preeererrne All canals are nearby Mo. concessions wars Noted Me gonsistantn subject ea the aucrmnecy of CONDUDIA, (ana Cnc, 8) past well mawnlaned Ruots ale sable and —_——. ——— “woman Tr cvenaied Puss ons Une ead wae et (haar Re NGM DATIAME WC ting mara Ya¢ds ad unpravement fj monitay matkel rents 10 Me agprooriate sOpECT UNM, and prondes Ne eStmiied /onis forthe fomoaranie sates 10 determine wneiner esumgted cents stowed cefiect actual OF Mahe) rus fa! arte aca res were aeanae on ihe sais comoaabies and used fa deine poss cask mumgoes (GRIM), sha els Foe sect wunid be wrth wid Nels sere ce consducl be comgaraDies ets we vor the GRAF, marhet rents shows De used The 192! Goss coivnated fend must epeesent cen chasacustsics consi! ‘sun the sales comoaraaie gala usert ‘0 aenve ine ieu ten 1s Rol aupusted tor vacancy. Subjectarent schedule The rent scheoule reconcdes the aogacapie lndte at Gort praperty, he aggraiser Tus come ine sont characiensecs of we Ci ESTIMALED RENTS . \ fot Poy teat Rents Yrsneresned | Ayesned | $ TS0i5 NAS TE : 5 "1 400 a estmated reat S Vagt Pa Vacancy. Actual ‘astyeat__@ Hemuas xu UUuves incded in esomateg vents. © j Blecine “> Wate cial and estimated rents}, vides, ae. Subject 1s centeally iccared 1.9$ expressway Intersiule #95 can he AM ccanmonts on the vent schece, actual ens, estate rents (especialy regarang altsences DenvEE 2 Ma —erfor all supporting facies such 33. wansportation, employment *&: realion, seeping, and schoo! Gecessed at Northwest Gin Avenue and 79In Street Rents are me to.snonim, and lwnaves Wt the area 1s low per owner Faawue tae Form 1025 10-9 PAGE 10F Froke Mac Form 72 10-44 Foren SAB — “TOTAL 2000 lor Wiwuws” aoyrarsal soltware by a 1a mut, wc = 1-G0U-ALAMODE 4 ADMINISTRATIVE COMPLAINT EXHIBIT # SMALL RESIDENTIAL INCOME PROPERTY APPRAISAL REPORT Dpaty wd AVS TeSCAOUY GAG Walyzes Mee wh ifay thay, ih iment retiocang Ine MLyket iedcch 29 sts Herts oF AN extant TOE SUDKCE PHUEAETY, 4 mews (J aueNstinR as Hide 1 chee abet MU PAATY 1 DR Ey Fake OF PrOpOHES MGS Sevan and proximate 10 Ihe SUOKX! ‘Cumpazatte plopetles, ane aauyNs wackies 4 tat i Bie Corman OUR IS cupetiue (0, UE More Lavurable IN iy aNewrot 10, ur Mes Lavasaue uss Monthly Aes CORPARABLE SALE NO 2 in Ite: cUMpLAMle prune Sisseneed fs made, rs ech Hy lz Aes pace of te compare pregniy. (CI) Sales Pa COHPARABLE SALE LO. 5 ire : SUKECT . 21 NW. 76 St 7179 NW.9 Ave {2045 NW 89 Tr YOUN WY Ga St Mun Mian {Miae wattua 1 sia eaanay Fan ; Fu + Hint Fun $120,060 190.600 Sues price per GBA iS 74.33 s Gress manny cent___TS. 1,600.00 - Ts Grass me, rere tut (1) | 72.56 en Snes peice per wat $ 7 Saves pace pe 100 _ i s. : ‘ua anger Orive By inspecuon & Drive By Inspection $ Drive By Inspection & venation Sousces, 1SCNET __ HSCNET _ __ oe HISCNET DESCRIPTION (=) Samana: DESCAIPTION — (~) $ Aanssiment) OESCHPTON TS (ay ace J Conwurtiant | Conreemmnatl wan [rion 90 \Averegy Average Average Fou Sanya Faw Sinyie [Fuw Sunphe WAHL S 900 SF ee cn eee oe r3p0SF 13,605 SF I Ruawontul Reswont + Aerndental : ; Dut . _Dupies 2] sary a commen J ENSiAwy LOIS Avy LOOnAey +3100 5°51 4.000) Awwrage H EATS + 1,000 ‘NIA ce Average None a LO Ste [wa . soo + a 8 42,06 dl comparatie as 147,000 |." * $ 2000! Ss if. 200 Comments on sats companson Qaciyding feconcm spun of Ut HC SOS of Value as 10 CONSSIeNcy and relalive Sirength and erakiehon G1 ANG T/C SHESLOE DKK Chaos mectvaton in hai mane): Equal wergnt was given 19, vil cory Nea subject appears well marmaned , [7 Cowmanaaeno 77" compara. 2 ToNPARABLE NO 3 juz NA NA $4,700 | tbs yeat of ppt |ISCNET ‘SCNET ISCNET liscnet uf ihe stidject property and analy af Airy por ales Of uICC! Wd COMES ANtry wrniFun MKe YEE gl We ate UE atid a eaysrs ot any Curent agreement of sale. ophoa, a istiny roe salg of suoject and comparanies occured 92 wets ee none yea WICLATED VALUE BY CORE SPPRGALiS {qioss rerw imuitpier (GRAN) 33.00 35 116,200 fabos.d walyble and eeconcrianon of tne GRAM Market genyed Gross Rent Mulupher nas been appropriately Total goss monty esumated rent $1400 =] Cusnmnenis on wacom approach (wicuang expencs sopled tor subrect’s value naicaivon THOICATED VALUE BY SALES COLPAPISGH APPRGACH $ 17000)! {NOICATED VALE BY INCOUE APPROACH $ 316 200 ! 5 115 308 NOICATED VALUE BY COST APPROACH 0. an --— — us apprasalis made ts) beet to the repaits, atcravans. aspectuns, f ConugEns lskist Seu edvetl Suctta BEE Mans Jind soLCITIC WEN No repaws or nodermzatian noted of requited Comments and conarians of apptas’ Subject property appeared fo en average condlion ers and ser the Rea! Estate THIS |S A COMPELTE APPRAISAL Mamet Data Approach as of best reflects (ne actions 0 Income Approach was also censdered REPORTED IN SUMMARY F we cee ee ae w purpese of 19s app: 510 este Ihe mart vawe ol the cel prODeTY cls the subyecl of Ws senor. basal oF the abuve Conaiions ana ‘Re cerdficaton, continyert 1nd fireng condtons, apd matt rave deta thal ace stated in Ake wach Fede ac Fur 29tanme Glae Form 10048 isised 6/93 1 sy) ES RMATE THE MAAMET YALU, AS GEFLED, OF DUE REAL PROPERTY THATS THE SUBJECT OF THIS AEPCAT, SOF 1/25/99 THRICH IS THE DATE OF WS EC TIA AICQ THE EFFECTIVE OATE OF THiS REPORT} IO GES — 117,000 APPRASER: (= + het 7 SUPERVISORY APPRAISEA (ONLY IF REQUIRED} Siggatut : Signature eee od = Outta tiame Charles €. Scout A _ Kame _ _. inspect Prooesty Gate Report Signed 1/29/99) . ate Report Stoned eee . 3 2 OO18St Suzie Corpiecauon # . ue De Siae Uemse #_ State Cemmfied RO Apnenser Slate Or Slate License Stale we Hac Form 72 1054 PAGE 4 OF + Fanene Nive Forms 102510"! — 1-800-aLAMOOE form SAG — “TOTAL 2000 fr YAndws” agprarsal saltware by ala mode int. ADMINISTRATIVE COMP EXHIBIT 4 z LAINT. 5\ : PAG E 90 __ OF E Tres mnenades the costs cl Mens Site ight bulbs, ;antiortal supoties, etc, : Operating Income Statement One- to Four-Family Investment Property and Two- to Four-Family Owner-Occupied Propert. Pragnaty Auksiess * Stat 21 NAV. 76 St City Miami State FI, tp Coce 33180 "9 be prepared jamnily by tre loan aopicani. une appraiser, and Ine fendes’s underwater, The aoo8c sit must comeiete the following schevute nce. Generat Instrucvons: This form sabe dle ctv {e0W, GUN 4 gn RN Hespunssbnaly {0 uibty cxpertses. etal heyutes mist De Dose On Ihe rent Jor at Veturnisren sist ing caca unas cena siaius, least Custenuty Expeation Comers Hent Market Rent Pus Pad Renied Dae Per Month Per Month buy Gaoense Sy Uwmer — By Tenant Und to ves oN NIA 5 $ 700 Etecinesty vv lung No.2 Mo NIA a Sool. Gas Ung Ma. 3 tig £ $ Fudd O Ure te. 4 Me 5. $ Fut (Orne) * Total to So ee 2f00 WareesSewes . . Tiasa Removal shu and foe vaste opiates provide achwal year-ond opesaing statements for Ihe Bask twu years fF nw ye any abet AMA A=, Hg an gets [ONT te peomaalest) Thee, Che stn bse seit a1 ye en ANC NU Ks UMP) NC aD ans eat Ca CUE INE teem ssleud of he JoONCaH4, he WAH Ist pence ION? NALS the afourmenonet SpEEANAG slalcmen's, Mangage Insaance jweraum, OA Wes wawe.on paymrns, uaa Moa, te any wes xu tie 9B gone ae ease a alt pros voRtre He I ma Ve substan te wapechuans, The wierveriey a ery Csr Hae ie nZone a ont a ed cs eumcrvoma thar: pti mans, Ter vanbetweraet sual Usekt ry Id ova ad ag nagesvny asian cay tht ay AUN UAE MH Hh ay anni THe mare Mea eaten ad WIM OH INEE DES Cy) funpernes ae michtes in PITT ana cnt eaicuater aS an nasal expense ern | nvcrine “Anaiel De a Soah Me CME CMCUS, Dat SHER NOL Cored ML Ube LOH Whe A Hegre ate Ha utente Geese Une prog r etaucaed rte, oF Cute vacant mgt vets wal be use i The auslcant Shoo covet wl the we pare anal ay es “scum fon tat Next 12 atgnys Aneual facume and Expense Aupupumnents By Income {De net inciuse Income lat ewner-orcupied units) By Appacany Aopeaer Auewar's Uewermcicr Gauss newal Resta (Husm utet{>) Jo we vated) $00 Omer tacome faclude sources) Peeneeee ee ' wee Toul : $ 18.600. $e Less Vacancy Rent Loss . Pe 1) 0 rn Eltecive Gross Income | er - }$ $ Expenses (Do net include expenses for owner-occupied volts) Glecinexy . Gas ’ Fuel Od Fuel (tyes _—) WatesSewa Tas Remevas Pest Conuol Other Faxes or Licenses 1 nn Casual Lanar ? . Thus inchudes the casts !or pubic are 1) Cleamng, show removal, eC, Ever 3 4 tnough tse applicant may nol elect 19 contac! for such services. { A (ovenor Paine Decorating $00 _ TRis inctutes the costs of comiract lator and matenals Unal até sequited 10 : ie aan a incstors of the tang uo i : General ReparwManienance . 228 . Tis includes the costs of contract labor and matenals that are required 10 ; ‘ maxkasn the gubke cocnders, sisuways, fools, mnecnarvcat syslems, grounds, AC. Bd tanagemers Expenses : eee These ate whe cusiomery «xoenses inal 3 professionat management company : would enatge to manage :re piocerty Total Replacement Reserves - See Scredule an Pq. 2 267 . _ Anseetaneous : ° . 1847 3 Fara Mae Form 216 Aug 88 Page tol Z ; Chartes € Seon agwase = 1-400-4LAMOOE Form tC — “TOTAL 2000 for #incows" soprwsal sollware by 2 12 mode. we, . ADMINISTRATIVE COMPLAINT EXHIBIT + 3 PAGE _. | OOF Ale Replacement Reserve Schedule TS rapinctrarh wes Rad he ENCULUE TyTess wl wt Act TTS ares 1 mn ae owned Ren dates wat Caney the Wa Mh | Uh eRe roan) Teeraye yeuty ceeeves, Goma y dh cota an Coruancts Rak Rave 4 eotuamend el Mure Wa one year SUCH 19 feltigeratrs, slaves, cigUnea sas ves, 725M COMBICLORS, LUIMACES 1Osks, and COLUAG, el, - Should Le Eensed un 1 ccoaCE HEM COSt OBS . Eauipment Aienlacernent Remaining By Appear Lender Cust Lilo Appearser 1 Agiusunents Shvey Ranges: as wo mf 10 Yrs. x 2 Unis = $ 60 00 Hetrigerators @ S$. wo af 10. 4 2, Unis = 5. 80 00 Oisraasners @s. wal Ys. Unis $0 AC Uns @s al ws Unis = 5. C. Washer Oryers @s at yrs x wits = S. ~ HN Heaters @s 200 3. / Wiss. 2 Unis = $ 60 90 Fusnace(s) @ sas Ls unis "= $, _ (Om) as an] Ws 4 lints = 5 Rout es 2,900 7 th est One Bg = $ a Cor (at to Wah eanuaedeg Ute (Urwts) Toa Sq. Yds @ § Per Sq Ya 7 Ye = $ s {Pubic Artes} fd Sy ts Gy 5 Pose vt Ys s. Soo, _ Tuta! Replacumant Nosorvas. (Euter on PQ. 1) ‘ | Operating Income Reconcilistun 14009 FI eh Lau 5 16298 > $e 1,607 5 Efecuve Gross lxome Total Operaung Expenses. Opes aang Income. Monty Operaung income $ ws SL 5 y2u7 Tigniniy Onriaing inc ome Bienindy Hwang Expense: Ta Caen Flow (Hole, Morunty Housing Expense wictudes prnicpal and mntoest an the morgage, hazard insavance peerrwums, real estate laces, marigage muusance sremmums, HOA duc, leaseftold Uayiments, and suborumale nance payrents.) Underwrties Msvuctions lor 2-4 Famaty Owner Occupred Propertes XE Monuney Operaang income is 2 postive number, enter a3 tht Rental Income” in the “Gross Monthy Income” secon Of Fredche Mac Foim 65*Fannve Mae Form 1002, It Aonitay Operaing Income 1s a neqauve humber, df must be lncuded af a labibty for quaalicadan oupeses. Trebonower’s nantly housing exoense-odncome ate must be calcialed by comparmg ine att Mortty Housng Exoense ar the wabjct roperty 10 ihe borrower's stable moninly income, Underwaler's lastructions foe Ut Farruly lnvesimnend Properties © Wltet Cash Flow Is 2 caxtive nummer, enier as Net Rental income in the “Gross Monthly income” section of Freddie Mac Form 65 F anmme tae Form 1003, Net Cast Flow 15 a negate number, dl nasst De nciuded 2$ 2 hapekty (or quakhicason purposes, «The dowomer’s monly housing expense-toacome cata must be caicuated by comparing the (tal moriby Nousng expense for Me borwer's primary teridence {eo he borrower's staake mantnty come. Spcracses's Comments (Inctuang sources lor dala and rationale for Me rorecdions} ely reflective from amvket analysis. Lf Income and expense rato appear adequal x & Ne, Chades E Scott = 12939 | Apocarser Name : ~ Appraiser Signane ~U/ Date Underwates's Comments anc Ravonale lor Adusiments Underwenes Signarue oae Fredeie Nae Fannie Mae Form 216 Aug 68 Fore 998 Aug 88 Page Z 02 Foam ie — “TOTAL 2000 for Windows” aporatsa sotmeare by 1 lz mode, wc, — 1-800-ALAMODE ADMINISTRATIVE COMPLAINT. EXHIBIT #_ PAGE __ Ad oF 3G. Locatlon Map } % ks Nw 95th SL —— | En Ce Nw Hitth St S a eee %, Nw 142rd Sl . ME 4 txt St ME Ve SL vy 15 tal St {yy sth St NE Tt AY LG fete Comparable #1 7774 tv 9 Ave (1 99 mnles} Hyd Tun ey 7 pear 2th St Foe HAP LUG = SAW 23rd St 4 a “$0146 2QUU lor Stinuuey” apenas seltwate ty ala wie log = 1800 ALALIIDE NE Un SU” os Pony alos 3k Biscayne Gay [Rowoneuiere_Eudgida Manes ty Mrame Ros — _ [Psmuauass NW 26 St ee ¢ me County Dade as? - Sae fl to Can’ 33180 (tener MEG Morgage 7 6118 S.W. 40 St. NW 74 St 128,500 De) 6118 S.W. 40 St. Supject rear wev ADMINISTRATIVE COMPLAINT, EXHIBIT # 8 PAGE 22 OF 36 6118 S.W. 40 St. Suprect street scene Goonaiien Guaaide Pugelty Adena 27 NW Cey_Mam lent MEG Mortgage. Sime FI Tp Se 3150 cum Dace Comparable #11 FEE EAE (Bue Comparable #22 20as NW 69 Tr 218 mies 120,000 Comparable #33 St try 89 St C31 mies 1719 900 COMPLAINT. SKETCH ADDENDUM FileNo 7150 Bowower _ Eucaide Mariner ee Propery Actes 21.NW 76 St. ~ _ Gay Momo 2 Soumy, Qaue _ sine FL 0S LendedChem leg Mongage Aoaress W752 W. Commercial Md. ac Fi 3919 a f I ' fi y q "180° Bath Room Kitchen li ! 4 ! ne ! 1 i + i : : Living Room : ADMINISTRATIVE COMPLAINT, EXHIBIT # ar i PAGE __2N- oF Ae — gS 24.3 x 40» 972 Sa Fl. ' . Total Living Acea Square Feet * 1,410 Sa. FL ‘ £ i" i ' t \ Yay: Chartes &. Scott : 2 EV25ae eonSean oy serene Sees + QUALIFICATIONS OF APPRAISER Charles E. Scott 931 N.E. 79th St. Miami, FI. 33138 4 (305) 757-71LL FAX (305) 757-8229 [-Mail: CEScotlA ppr@ Worldnet. At.Net EXPERIENCE: ‘ Over twenty years appraising. 1974 - Present. 4 FEE APPRAISER: (Sainple of Clients) Federal Housing Administration (Valuation Section), Dade and Broward County. Veterans Administration, Dade County, Fl. i . Dade County Off ice of Transit Administration, Eminent Domain Appraisals. Nations Bank, FDIC, <° - Oceans Bank, City of Miami, ADM § & L Financial Services, Comp.. Purdential RELO, Salts - ' Merrill Lynch Relocation Management, Bankers Life Co., EXH tore Bamett Bank, Colorado Federal Savings Bank, EDT # Eagle Financial Services. Harbourton Mortgage Companies, PAG ec ~“F State Farm Automobile Insurance Co., Coldwell Banker RELO, bad United Guarantee Insurance Company, Disi Finance Company, Valuation Administrators, Ltd., Wall Street Mortgage, Cendant Relocation, Coast To Coast Evaluation & Marketing EDUCATION: : Graduate with bachelor of Science Degree from Morris Brown College, Atianta, Ga. APPRAISAL COURSES, McKissock Data Systems Appr. 2-4 Family Residential Prop. 5/98 McKissock Data Systems Envim. Cosiderations for Appraiser 5/98 APPRAISAL COURSES (Continued) Regression Analysis, 5/98 USBAL S/98 Part A, Prof, Practice, 12/94 Part U, Standard Practice, [04 Persuasive Style in Narrative $/94 Power Ling Fasement and Electric Maxnetic Hivids Lflect oa Peopte and Value 4/94 Thour USPAP Core Law for Appr. 6/93 Appraisal bastitute Appratsal Institute Appraisal fastinite Appraisal Institute Appratsal tnstitule Tent Hagens Seheal of OE USHAL 1/92 SREA \ Applied Residential Property Valuation ‘92 . Course #5116 & #5223 (Pre Cert) 5/79 Cust Handbook (residential basic use) 1/4 all & Sovill Vatouations Services Marshall & Swit Valuation Services Segregated Method 1/84 SREA Applied Res.Property Valuation {2/82 SREA Buy Down Seminar 12/81 SREA Intco. Appr. Real Property #101 {277 SREA Prin., Income Property Appraising 5/79 Narrative Report Seminar 3/79 SREA lnner City Neighborhood Analysis 1978 SREA AFFILIATIONS: Candidate of the Appraisal Institute. State of Florida Certitied Residential Appraiser #0001851 ADMINISTRATIVE_CO 7 MPLAINT, iti ireuit Ci ade County as Expert Wilness EXHIBIT # : Quatified ia Circuit Court, Dade County as Expert Wines. PAGE 27 OF_ 4G OTHER ASSIGNMENTS: Area Manager, Federal Housing Administration, County, Fl. Property Disposition Section, Dade Special Master, Dade County Tax Adjustment Board. Adjunct Instructor, Miami-Dade Community College, P & Pt and D. In addition to the above clients, my appraisals have been accepted by investors. Attorneys, CPA’s. and numerous mortgage companies and lendiag insticutions. DEFINITION OF MARKET VALUE: Ihe most pobanle gnce which a progerty should bang #2 competive and apen Manet under at! ccnainons: raguste 10 3 fal sule, Re Buyer and seller, c2¢R acting paudenty, MawieggeaDy ss assuirong ine pace iS nat affected 2y undue samuus Impucit wi wus eteaion 15 the consummavon ¢f 4 Sale aS ul 2 specibed date and ine passa ol noe ttam seller 0 buyer under concibons wneseby. (1) Duyes and sale ue ymexty emaneated, (2) Don carkes ake weft alormed of we wes, snd each actng a xrat he considers NS own bes sles, (3) a leasonanle Lee iS sowed fee eapavawe a tbs caged esanet (4) het ss tac Fernny 98 GaN #E 1S, onus or Hus, of nancial arananeits congiasauie Baata, and (Sf ihe wer emevans the swial consiccgues for Ge sruaenry sold unalfecied BY speci Of cresuve nancnig of Sales conceswans” glanled Jy anyone associated wih we sale, Ss Adpasirents. ta the comgacabies mans De mule Cat spread OF CECA feoncing «tiles conceswans Ha adpimenis ae aneessary a iwce cuss whats ae snawnaty josh by reas a a ved of awa a ler 8 Mund cs, We CaaS ate deataly Wenliadle Gace the ceter pays ances cacls in wwtily ab sales aneacons Seecut oc cursing Aniciny MisIments CAN Be UWE Ta The vcs werd by 4 Bud poly Rrvtubonad ks thal ty cal akrauly aru wt aenc nk ven a tm tunae vk Ror tag sed oa tte Maou eg in camaurdis st spud anevsumaie ane marse’s teacvon to Ine financing of cOncessians based on the Leinpasatle pregats ny comers nmnety om Meno tae Atry gui the dallas aml al any igestitus) aos dass Nd STATEMENT OF LIMITING CONDITIONS AND APPRAISER’S CERTIFICATION CONTINGENT ANG LIMITING CONQITIONS: — The apwtarscr's counlicaon that spyears 10 ine appeasal report nm sdact 10 he latowny, conan 1 Phe appraiser wl not de cesporable ne mutters of a {gyal naire MMal atfect wlBer the property Duh sppeavest of NE nile to Te apqwanser acamuiry tal se he pan am wrth Lae a, Dene om calen soy ima Aad he aie Mas ywugnaly 1a anges Ue Va Aa ang wm caviar UE owes sep. 2. The appraiser has crowded 4 sheich the appraisal ‘eport 19 show Ippraounte urnenvens of {he kmpcovernents and the sacten 1s incwxted unty 10 astust tne reader of ie report un vraag the propestY deed unas 4nd ine appiarset's Ueterranauan ol ls ZC. 4. The appraiser nas cummed the evatanie Nood 30s nat ace plowded by the Federal Emergency Maragement Agency (or other data sources} and nas noted in ihe apptaesal report whetner ne sudect ale 1 located st ‘yn sderanes Special ocd Haratd Area, Because the ayoranser 1s 008 4 wurveyar, Mie wr she snes a quaranices, excess oF igned, ceqascng fis deterranzdor, . 4 The apgeaiser wil not gyve testimony of appear am cov Orc ause ne oF she mage an appiaisal of he property «1 quessan, unless soetiNe wrangerents 10 40 0 nave Been mace belorenand. The apprases has estrrated ihe vave of the land in the cost approach a 3 hghest and best use and the ierarovernenis at ther contributory vane, These weowsle vanuuons of ihe tind and umprovanions must no aq used a conpncdon wit any other appraisal apd ae umvaad Mf IRCY He so used Tre soptwser has noted in the apoeaisal (epot ny xiverse condsions (owen as, neeed repars, deprecianan. me presence of Parnoous wastes tone fubsances, ee.) 9BServe8 gue tbe asgecton of Ye suDACL DOOR) oF That ne oo she became aware of dung Be coma research sevaWed 19 peloINnG the apprusah Uniess atennne sted wt the anotsat 1eo0r, ihe opiser as no Sowusige I any falden of unaupalem congouns of IPS shugerty uF ‘eves envesomeniat congrvons (incuang tne presence | NzNaoNS veasies, Hox SOSLUNCeS, AC.) WBA woukd Made The jopeTy more ISS vauable, ond as assumed Mat Tere are mo such conawons 3nd indkes ne guarantees. of wartandes, express of mnoted, feqatiang whe conston of the property, The hal yo oust oF fet any cngncenng oF Yesoeq IRat magn De icaummd |e ONN-308 Orlando, Florida 32801-7260 Re: FDBPR v. Charles E. Scott Case No. 99-83364 Dear Mr. Burijon: Ihave reviewed the data submitted in the above referenced complaint and have driven by ga the subject property and the comparable sales used in the appraisal report, as well as otherg 5 comparable properties in the neighborhood. Also, I reviewed market data pertaining theg 3 subject neighborhood. : ty The appraiser describes the neighborhood price range from ‘$70,000 to Sl 10,000 t However, if the flip sales are not considered, the price range is from $30,000 to $85,000 with a predominant priced of approximately $55,000 to $60,000. The listings for sale indicate asking prices from $$38,000 to $85,000, with a large number of listings expiring unsold after being in the market from 6 months to 4 years. Therefore, the marketing tim indicated by the appraiser of 3 to 6 months is incorrect. } E ‘9 The appraiser indicates that the subject property was tenant occupied at the time of th appraisal, but neglects to include the actual rental income of the subject property. The estimated market rent for the subject property is indicated as $650 per month for the ee bedroom unit, and $750 per month for the 3-bedroom unit. Twenty-one properties listed in the MLS indicated a rental range for the 2-bedroom units from $350 to $550 pe month, and $500 per month for the 3-bedrrom unit. The overstatement of the market reng for the subject property provided an overstatement of its value by the Income Approacly to Value. ADMINISTRATIVE COMPLAINT EXHIBIT #__, a PAGE 3d OF 4b 13831 SW 59" Street, Miami, Florida 33183 Tel. 305-383-9136 Fax: 305-383-9137 ADMINIST ATIVE C0 OF LAINT The comparable sales included in the appraisal report indicate very high sale prices for the neighborhood, and are not typical of the local market. Comparable sale #lis reported as selling for $116,100 in November 1998, and a previous sale for $4,700 in January 1992 was indicated. However, the sale could not be venfied with the public records. Instead of the $116,100 sale, a sale for $34,000 in January sg", 1999 was indicated and recorded in O.R. Book 18442, Page 4376 from Samuel S. Forman to Amado Lopez, subsequently the property was sold to Eddie Goster for $101,500 on January 15", 1999, and foreclosed by the lender in March 14", 2000. The sequence of events in the recent history of this property is typical of Flip Sales. Comparable sale #2 was reported as selling for $120,000 in October 1998 and no previous sales within one year were indicated in the appraisal report. The appraiser neglected to report two previous sales of the property within the previous eight months. This property had previously sold for $110,000 in March 10, 1998 (O.R. Book 18015, Pg. 1155), and for $38,000 in March 6", 1998 (O.R. Book 18015, Pg. 1138). Again, a sequence of events typical of Flip Sales in the neighborhood. Comparable sale #3 was reported in the appraisal report as selling for $130,000 in January, 1999, and no previous sales were reported. However, Public Records indicated that the property sold for $130,500 in January 25", 1999 (O.R. Book 18477, Pg. 1459). A previous sale of the property for $117,500 had occurred in May sg, 1998-(O.R. Book 18114, Pg. 4288), and a previous sale of the property had occurred in May 5", 1998for $6,000 (O.R. Book 18096, Pg. 519). Again, a sequence of events typical of Flip Sales in the neighborhood. The appraisa! report offers no basis or support for the reproduction cost new of the improvements, nor provides any basis, support, or justification for the estimated land value. Based on the data omitted and/or overstated in the appraisal report, the concluded value is faulty and overstated. Based on the 1999 edition of the Uniform Standards of Appraisal Practice, the appraiser appears to have violated the following: - i) Conduct section of the Ethics Provision 2) ~ Standard Rule 1-1{a) 3) Standard Rule 1-1(b) 4) Standard Rule 1-1(c) 5) Standard Rule {-4(a) ADMINISTRATIVE COMPLAINT 6) Standard Rule 1-4(b) i, ii, iii, iv, v, and vi EXHIBIT 4f 4 7) Standard Rule 1-4(c) Zon so 8) Standard Rule 1-4(i) PAGE __.3) OF_ Se 9) Standard Rule 2-1(b) In addition, since the Uniform Standards of Professional Appraisal Practice are part of Chapter 475 part Il regulating Real Estate Appraisers, the appraiser appears to be in violation of Florida Law. Pedro McAlvarez, MAUSRA State Certified General Real Estate Appraiser #0000172. ADMINISTRATIVE COMPLAINT EXHIBIT # PAGE 3a OF 3 COMPARABLE SALE #1 7779 NW 9" Avenue Miami, Florida 33150 ADMINISTRATIVE COMPLAINT EXHIBIT #___ PAGE 24 OF 3G ron Oe m™ | COMPARABLE SALE #2 2045 NW 69" Terrace Miami, Florida 33147 ADMINISTRATIVE COMPLAINT EXHIBIT oe 2 PAGE HY of __3¢ 2 - COMPARABLE SALE #3 133 NW 69" Street Miami, Florida 33150 ? ADMINISTRATIVE COMPLAINT: | EXHIBIT # PAGE 35 - OF - Se SUBJECT PROPERTY 21 NW 76" Street Miami, Florida 33150 gt _ ADMINISTRATIVE COMPLAINT. . EXHIBIT #: Pace __ 20 . Be

Docket for Case No: 04-000532PL

Issue Date	Proceedings
Apr. 06, 2004	Order Closing File. CASE CLOSED.
Apr. 05, 2004	Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Apr. 05, 2004	Petition for Informal Hearing filed by Respondent.
Mar. 08, 2004	Order Granting Request to Change Commencement Time of Hearing (the commencement time for the final hearing is amended from 9:30 a.m. to 10:00 a.m.).
Mar. 05, 2004	Joint Response to Request Change of Hour of Hearing (filed by Petitioner via facsimile).
Mar. 01, 2004	Order of Pre-hearing Instructions.
Mar. 01, 2004	Notice of Hearing (hearing set for April 22, 2004; 9:30 a.m.; Miami, FL).
Feb. 13, 2004	Petition for Formal Hearing filed.
Feb. 13, 2004	Administrative Complaint filed.
Feb. 13, 2004	Agency referral filed.
Feb. 13, 2004	Initial Order.