i a 4 a Ang fr dy fa fg STATEOFFLORDA Usp, 0 £2 DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BOARD //4 , 0% py Ox FLORIDA DEPARTMENT OF BUSINESS & HER TR gee PROFESSIONAL REGULATION, igs Ve DIVISION OF REAL ESTATE, Petitioner, Oo- UY () V3 pL Vv. CASE NO. 2006005746 ALEXANDROS PAPPAS, JR. Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Alexandros Pappas, Jr. (“Respondent"), and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, including Section 20.165 and Chapters 120, 455 and 475 of the Florida Statutes, and the rules promulgated thereunder. 2. Respondent is currently a Florida state certified residential real estate appraiser having been issued license 5634 in accordance with Chapter 475 Part IE of the Florida Statutes. 3. The last license the State issued to Respondent was as an active state certified residential real estate appraiser at 13529 Persimmon Blvd., Royal Palm Beach, Florida 33411. 4. On or about January 5, 2006, Alexanderos Pappas, Jr., (Respondent) developed and FDBPR v. Alexandros Pappas, Jr. Case No. 2006005746 Administrative Complaint communicated an appraisal report (Report) for property commonly known as 4247 West 8th Avenue, Hialeah, FL 33012 (Subject Property) and estimated its value as $311,000. A copy of the Report is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. Richard N. Sparer (Complainant) is a Certified Residential Real Estate Appraiser who supervised Respondent from April 6, 2004 to approximately February 28, 2005. A copy of Respondent’s licensure supervision history is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 6. At the time the Report was developed and communicated, Respondent was a state registered trainee appraiser. 7. Complainant’s name and digital signature appear on the Report, with the certification box checked indicating Complainant personally inspected the Subject Property. 8. Complainant did not participate in the development and communication of the Report, and has no knowledge of the Report, At the time the Report was developed and communicated, Complainant was not supervising Respondent. 9. Furthermore, at the time the Report was developed and communicated, Respondent was not registered with a supervisor, and was performing appraisal services without the supervision ofa Certified Residential Real Estate Appraiser. 10. Respondent accepted compensation for the Report directly from the appraisal client. 11. Respondent failed to keep and maintain an original or true copy of the Report and the work file for the Report. FDBPR v. Alexandros Pappas, Jr. Case No. 2006005746 Administrative Complaint COUNT I Based upon the foregoing, Respondent is guilty of fraud or misrepresentation, in violation of Section 475.624(2), Florida Statutes. COUNT I Based upon the foregoing, Respondent is guilty of failing to Perform appraisal services under the direct supervision of a licensed or certified appraiser who is designated as the primary or secondary supervisory appraiser in violation of Section 475.6221 (1), Florida Statutes and, therefore, in violation of Section 475.624(4), Florida Statutes. COUNT IIL Based upon the foregoing, Respondent is guilty of receiving payment directly from the recipient of an appraisal report in violation of Section 475.6221 (2), Florida Statutes and, therefore, in violation of Section 475.624(4), Florida Statutes. COUNT IV Based upon the foregoing, Respondent is guilty of failing to retain, for at least five years, original or true copies of any contracts engaging the appraiser’s services, appraisal reports, and supporting data assembled and formulated by the appraiser in preparing appraisal reports in violation of Section 475.629, Florida Statutes and, therefore, in violation of Section 475.624(4), Florida Statutes. COUNT V Based upon the foregoing, Respondent has violated a standard for the development or communication ofa real estate appraisal, specifically the definition of signature; obtained control of FDBPR v. Alexandros Pappas, Jr. Case No. 2006005746 Administrative Complaint and affixed the digital signature of another to an appraisal report, or other provision of the Uniform Standards of Professional Appraisal Practice in violation of Section 475.624(14), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Appraisal Board, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or certificate; suspension of the license, registration or certificate for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or certificate holder to complete and pass additional appraisal education courses; publication, or any combination of the foregoing which may apply. See Section 475.624, Florida Statutes and Rule 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, Tegistration, 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 FDBPR v. Alexandros Pappas, Jr. Case No. 2006005746 Administrative Complaint order; or any combination of the foregoing which may apply. See Section 455.227, Fla. Statutes and Florida Administrative Code Rule 61J1-8.002. SIGNED this (O aay of sly __, 2006. Professional Regulation By: Michael E. Murphy Division Director Division of Real Estate fa Bo, i Me aan? ‘tment of Professional Re Division of Real Estate r Bult, ft Bisrk — 2/0 foe “ Ratquef A. White’ Senior Attorney Fla. Bar No. 0392669 Division of Real Estate Legal Section 400 W. Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 - FAX ve $e Tt te deerme PCP: JH/MC 7/06 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. FDBPR v. Alexandros Pappas, Jr. Case No. 2006005746 Administrative Complaint PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time allowed by law, 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. | FEB-4-2006 13:39 FROM:RICHARD SPARER (954 456-S685 TO: 14873177245 Appralsal Express Group (954) 934-0440 GiENo 72003 Pion aD} : Untform Residential Appraisal Report Fie 12003 The of tis {5 to provide the lender/cfient with an accurats, and ad su inion _ot the market value of the subj Property Address _ 4247 W Rik Ave City HEAL Stata Ap Cod 33012-3583 Borrower FRANCISCO, PEREZ. ‘Owner of Publis Recon! FRANCISCO, PEREZ Couty MIAMI-DADE Lagal 0: 153 40 {ALCAN ESTATES PB 57-77 LOT 4 BLK 2 LOT SIZE 75.000 X 102 OR 16267-3596 0294 | 's Partal # _04-3001-008-0360 ‘Tax Year 2005 RE Tas $ 2,051.71 - Hey ood Name HIALHAH ESTATES Relerence 33129 Census Tract 0007.07. Occupant 2 Owner Tenant Vacant Special Assessments $_ UNKNOWN. PuD__ HOAS tronth a ised Dx) Fea Simpie Leasehod Other (describe) Assi T Purghase Transaction Refinance Transaction {J Othef: (describe) Lende/Ciet FLORIDA'S PREMIER MORTGAGE, Adress _ 639 NW 53RD COURT #311, DORAL, FL. 33411 Ms the pubject offered for sale or has Ht been offered for saln In the twelve marths prior to the effective date of this anpralsal? Yes No Report data source(s) used, offering price(s), and date(s). MLS Hite 1 ad [X) did not aralym the contract for sale for the bublect purchase transaction: Expltaln the results af the analysis of the contract for eale or wtry the analysis was nat NIA : id Contract Prica $ REFINANCE Data of Contract is the ‘sells the cwnat of public record’? Yes {No Data Sowre(s} PUBLIC RECORDS ls thera any financial assistance (loan chames, sale contmsions, gift or downpayment assistance, ttc.) ta be pald by any party on bebatt of the borrower? OYes L)No tf Vos, roporl the total dobar amount and describe the tems tobe paid, NVA-REFL Hote: Raca and the tactal composition of the nalghborhood arm net appraisal factors. Nel Charactert tics One Unk Houslny Trends ‘OneeUnit Houslny Prosont Land Use % Location (7) Urban Suburban Run) Values Dd] incteast Stable Decii nt PRICE AGE | Ono-lintt 70%) Bult-t) Over 75% 25-75% Under 25%] 01 Shortage In Batance Ove § s 2-4 Uni 10 % (Growth Lat —_ Ste C1 stow Tne BY Under mnths (]S6miks []Overémits{ 200 tow 5 _|Muhi-Famil 10% Nek NORTUTU W 49 STREET: SOUTHTO W2¥37REET , WEST TO W 12 AVE, EAST IO W4 AVE 400 High 55 Cormmerctal 10 %| TUS 15 AN ESTABLISHED PRDAAIULY RESIDENTIAL NEIGITIGRIOOD IN MIAMI-DADE COUNTY 300 Pred. 34 [Other | Neighborhood Orseripton_ THE SUBJECT IS LOCATED IN A NEIGHBORHOOD CLOSE TU SCHUOLS, SHOPPING, EMPLOYMENT CENTERS, PUBLIC TRANSPORTATION AND MOST OTHER RELATED AMENITIES. THERE ARE NO NEGATIVE INFLUENCES NOTED IN THE AREA. HOMES IN THE NEIGHBORHOOD ARE SIMILAR TO THE SUBJECT IN TERMS OF SIZE, DESIGN, APPEAL AND QUALITY OF CONSTRUCTION, Marke! Conditions support for the ahave concisions) GENERAL MARKET CONDITIONS ARE STABLE WITH SUPPLY AND OEMAND FACTORS IN BALANCE. SELLER CONCESSIONS ARE NOT UNCOMMON, HOWEVER, THEY ARE NOT PREVALENT. CONVENTIONAL FINANCING APPEARS TO BE PREDOMINANT. IN THE SUBJECT AREA, Dimensions SITE AREA PER PUBLIC RECORDS Area 72,650 SQFT. Shape RECTANGULAR View RESIDENTIAL, e Zoning Gassification it lon_ SINGLE FAMILY RESIDENTIAL i jab Noncant (Grandfathered Use) [) No Zork (describe) fateh hest and best use of subject property as ly (or as proposed per plans and specifications) the preserd use? Yes. No_It No, describo (ilies Public Other [es-crfie) Pubic Other (deacriba) Off-site ements ~ Pubic Private Boch . Wales, Stoct_ ASPHALT. Gas, Sanitary Sewer NONE NOTED. FEMA Spectal Rood Harast) Area Yos No __ FEMA Fmd Zone AE FEMA Map #_ 12025000905 FEMA Map Data_3/2/1994 Are the utilities and off-site erments typical for tho marked area? Yes No_tt Ho, describe Are thera any adverse site conditions or etamal factars encroachments, environmental conditions, fand uses, etc.}? fa] Nott Yes, descrite IO ADVERS! MENTS OR ENCROACHMENTS WERE NOTED OR REPORTED TO THE APPRAISER, NO aunty WAS SUPPLIED TO THE APPRAISER FOR REVIEW. THE SUBJECT CONFORMS TO CURRENT ZONING, SITE IMPROVEMENTS AND SERVICES ARE ADEQUATE AND. ACCEPTABLE TO THE MARKET PLACE. . Ganwral Foundation Exterlor Description matarlale/conditlon| Interior toteriala/condition Units [53] Ona [2] One with Unit [Os} Concrete Stab Craw! Spaso_[Foindaiion Waly CONCRETE Fore TILE/CRETIAVG/GD) # of Stories ONE. Full Basement Partial Basement _|Extertor Wats: CBS Walls DRYWALL/AVG/GD! T Det. Att._[_] S-Det/End Unt {Basement Arca NONE sqfjRaol Sutace ASPHALT SHINGLE [TiinyAnsh _ WOOD/AVG/GD Exds! Proposed {J Under Const Basement Finish NONE __%|Gutters & Downspouts NO/NO. Bath Foor TILE/VAVG/GD. Oesi RANCH ase Enty/ext A Window 7} PRO! Bath Walnscol TILE/AVG/GD Year Bulk 1956 Evidence tofestation_w7A Storm Sastvinsulated NONE NOTED. Car Stora Nane Effective 1s ioe Iv]. Settiament Screens NO Di # of Cars_2 CARS Attic, None Heat FWA HW. Radiant} Amenities Woodstove{a) # _ }Dri Surface_ STAMPED CONC Stale Stairs Other, Fuel ELECTR, Fireptace(s) # Fonts CH. LNK Garags__# of Care Foor Scuttle Copa Certral Ale Conditionte PatiyDeck OPEN DQ Porch CVD. Carport _# of Cats 1 CAR Finished Heated indtidwat Other (J Poot Other SHED Od Att. Det. Bustin Niances (3) Retr Dishwasher Dispusal Microwave Washer/Dryer [=] Other (desexibo) Finished arez above grade contains: 6 Rooms 3 Bedrooms: 2 Bath(s) 1,746_ Snuare Feet of Gross Living Area Abova Grade Additonal teahures (speci eiiclent Iams, etc.). ‘THE SUBJECT HAS STANDARD APPLIANCES THROUGHOUT, TYPICAL ENERGY EFFICIENT [a ITEMS NOTED. ‘Describe the condition of the iGhuding Mmeded nepralrs, dsterioraon, renovations, remodeling, ato.) THE SUBJECT 1S CONSIDERED TO BE IN AVG! GOOD CONDITION FOR THE NEIGHBORHOOD. NO FUNCTIONAL OR EXTERNAL OBSOLESCENCE NOTED. PHYSICAL DEPRECATION IS | BASED ON EFFECTIVE AGE. THE QUALITY OF Us iS CONSIDERED TO BE AVERAGE, THE SUBJECT IS LOCATED.ON A MAIN STREET HOWEVER BASED ON MATCHED PAJRED ANALYSIS BETWEEN COMPARAGLES UTILIZED WITH SIMILAR LOCATIONS TO. RESIDENTIAL LOCATIONS NO VALUE IMPACT WAS OBSERVED THEREFORE NO OBSOLESCENCE |S NOTED. ‘Are thera any physical deficlencles or adveree conditions that utfect the lvabllty, soundness, of etructural tof tho a Yes [XJ No_it Yes, describe Does: the property generally conform to the neighborhood (funciona) wily, style, condtion, use, construction, tc)? Yes |] No_It No, describe Freddfa Mac Form 70 March 2005 Page 1 af 6 Fania Maa Form 1004 March 2005 AD MINI ST RAT WE CONLIN appralsal poftware by a fe moda, Inc, — 1-800-ALAMODE P.7 EXHIBIT #1 _____ EXHIBIT. Y PAGEZ.O ee PAGE (oF ’ FEB-4-2826 13:41 FROM:RICHARD SPARER €954 456-5685 TO: 14873177245 P.g EaNe Taos Pan ea) Uniform Residential Appraisal Re port Fla # 12003 GOMPARABLE SALE # 1 COMPARABLE SALE # 2 SMP Ge FS 638 W 44 PLACE 1091 W 47 STREET 686 W 40 PLACE HIALEAH FL 33012-3831 HIALEAH, FL 33012-3531 HIALEAH, FL:33012-3831 E — 271 FARES/MLS/OBSERVA: PUBLIC RECORDS. RANCH cBs/GoOD eee Tea 48 YEARS. , 49 YEARS AVG £10,000) IGOOD. [ams ("| Tots [ars at | é 3 [2 ‘ily research (