Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: MADELINE S. SEWELL
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: May 16, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 11, 2008.
Latest Update: Dec. 25, 2024
DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATIO
STATE OF FLORIDA v7, &
ny, Ig”
FLORIDA REAL ESTATE APPRAISAL BOARD
a
apis
FLORIDA DEPARTMENT OF BUSINESS & Wes 76 ”
DIVISION OF REALESTATE, OX- DACKPL Misiee
Petitioner,
v. CASE NO. 2007034683
MADELINE S. SEWELL,
Respondent.
/
—s “ADMINISTRATIVE COMPLAINT
The Florida Department of Business & Professional Regulation, Division of Real Estate
("Petitioner") files this Administrative Complaint against Madeline S. Sewell (“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 5437 in accordance with Chapter 475 Part I of the Florida Statutes.
3. The last license the State issued to Respondent was as a state certified real estate appraiser
at 6203 Royal Poinciana Lane, Tamarac, Florida 33319.
4. On or about May 8, 2007, Madeline (Maddi) Sewell (Respondent) developed and
FDBPR v. Madeline S. Sewell Case No. 2007034683
Administrative Complaint
communicated an appraisal report (Report 1) for property commonly known as 6540 SW 43rd Street,
. Miami, FL 33155 (Subject Property), and estimated its value at $640,000.00. A copy of the Report
is attached hereto and incorporated herein as Administrative Complaint Exhibit 1.
5. Respondent made the following errors and omissions in the Report 1:
A) Failure to state that the Subject Property had been listed for sale within the past 12
months for $520,000;
B) Overstatement of the Subject Property’s gross living area by approximately 650 square
a oO Incorrect sketch of Subject Property, noting only one bathroom; i
D) Incorrect lot size for comparable sale 1;
E) Incorrect sale date for comparable sale 2 in the Sales Comparison section of the Report;
F) Adjustment for both room count and square footage for comparable sale 3 and
comparable sale 5;
G) Failure to make an age adjustment to comparable sale 4 for being 13 years younger than
the Subject Property;
H) Failure to make adjustments to the comparable sales for their significant site size
differences;
I) Use of comparable sales that differed significantly in gross living area from the Subject
Property; comparable sale | is 371 square feet smaller than the Subject Property; comparable sale 2
is 483 square feet larger than the Subject Property; comparable sale 3 is 1,075 square feet smaller
than the Subject Property; comparable sale 4 is 130 square feet larger than the Subject Property; and
FDBPR v. Madeline S. Sewell Case No. 2007034683
Administrative Complaint
comparable sale 5 is 380 square feet smaller than the Subject Property; and
J) Incorrect statement that comparable sale 5 had 3 bedrooms and 3 bathrooms, when it
actually has 4 bedrooms and 2 bathrooms.
6. On or about May 15, 2007, after being contacted by Edmund. V. Buzy-Pucheu of Delta
Funding Corporation (Complainant), Respondent developed and communicated a revised Report for
the Subject Property (Report 2), wherein Respondent included data regarding the sale/and listing
history of the Subject Property. A copy of Report 2 is attached hereto and incorporated herein as
Administrative Complaint E Exhibit 2. A copy of the ¢ Multiple Listing Sc Service printout for the Subject
Property showing its sale and i listing history is attached hereto and 1 incorporated herein as
Administrative Complaint Exhibit 3.
7. There is no documentation in the work file to support the $50/square foot adjustments
made to all comparable sales in Report 1 and Report 2. There is also no documentation in the work
file to support the $25,000 adjustment for the inferior condition of comparable sale 3 in the Sales
Comparison section of either Report. Additionally, Respondent fails to provide documentation in
the work file for the pool adjustment for comparable sale 3 and the garage adjustment made to
comparable sale 4 in the Reports.
8. The work file only contains one data source, Realist, for comparable sale 1 and
comparable sale 2; the work file only contains one data source, MLS, for comparable sale 4 and
comparable sale 5. There is no secondary or tertiary data source in the work file for these
comparable sales. These records do not state data such as total room count; however, Respondent
managed to include such information in the Sales Comparison Analysis Section of both Reports.
FDBPR v. Madeline S. Sewell Case No. 2007034683
Administrative Complaint
Respondent failed to state where she obtained the data utilized in the Reports. Respondent stated in
the Sales Comparison Analysis section of the Report that she relied on Miami-Dade public records in
developing the Reports; however, there are no public records in the work file. A copy of the work
file is attached hereto and incorporated herein as Administrative Complaint Exhibit 4. Copies of
Miami-Dade public records for the Subject Property and the comparable sales are attached hereto
and incorporated herein as Administrative Complaint Exhibit 5.
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), Florida Statutes.
COUNT II
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 III
Based upon the foregoing, Respondent has violated a standard for the development or
communication of a real estate appraisal, specifically Rule 1-1(a), (b) and (c), or other provision of
the Uniform Standards of Professional Appraisal Practice (2006) in violation of Section 475.624(14),
Florida Statutes.
FDBPR v. Madeline S. Sewell Case No. 2007034683
Administrative Complaint
COUNT IV
Based upon the foregoing, Respondent has violated a standard for the development or
communication of a real estate appraisal, specifically Standards Rule 1-2(e)(i), or other provision of
the Uniform Standards of Professional Appraisal Practice (2006) in violation of Section 475.624(14),
Florida Statutes.
COUNT V
Based upon the foregoing, Respondent has violated a standard for the development or
: communication nofa a areal. estate te appraisal, specifically Rule 1- 4a), 0 or r other provision of the Uniform
Standards of Professional Appraisal Practice (2006) in violation of Section 475.624(14), Florida
Statutes.
COUNT VI
Based upon the foregoing, Respondent has violated a standard for the development or
communication of a real estate appraisal, specifically Rule 1-5(a) and (b), or other provision of the
Uniform Standards of Professional Appraisal Practice (2006) in violation of Section 475.624(14),
Florida Statutes.
COUNT VII
Based upon the foregoing, Respondent has violated a standard for the development or
communication of a real estate appraisal, specifically Rule 2-1(a) and (b), or other provision of the
Uniform Standards of Professional Appraisal Practice (2006) in violation of Section 475.624(14),
Florida Statutes.
FDBPR v. Madeline S. Sewell : Case No. 2007034683
Administrative Complaint
COUNT VII
Based upon the foregoing, Respondent has violated a standard for the development or
communication of a real estate appraisal, specifically Rule 2-2(b)(ii), or other provision of the
Uniform Standards of Professional Appraisal Practice (2006) 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
oaoe= = 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 ofthe -
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, 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,
FDBPR v. Madeline S. Sewell Case No. 2007034683
Administrative Complaint
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 Section 455.227, Fla. Statutes and
Florida Administrative Code Rule 61J1-8.002.
SIGNED this 2. day of Nsveted , 2007.
;
<) Yes No_IfNo, describe
Utilities Public Other (describe) Public Other (describe) Off-site Improvements ~ Type Public Private
Ekcticty XJ Water x Street_Asphalt i
Gas ia Sanitary Sewer JL} Alley :
FEMA Special Flood Hazard Area__(_] Yes [
“This report is'based on'a physical analysis‘of the'site and ienprovements=atocational analysis of the neighborhood and
“City, and an economic analysis of te Market for properties such as the Subject. The appraisal was developed and the
report was prepared in accordance with the Uniform Standards of Professional Appraisal Practice.
The value conclusions reported are as of the effective date stated in the body of the report and contingent upon the
certification and limiting conditions attached.
It has been a pleasure to assist you. Please do not hesitate to contact me or any of my staff if we can be of additional
service to you.
Sincerely,
lacledant,
addi Ser
appraisalpointe@yahoo.com
305-609-7805
WW
SUMMARY OF SALIENT FEATURES
Subject Address 6540 SW 43rd St
Lega! Description Bird Road Terrace 24 54-40
City Miami
Miami-Dade
Fi
33155-5137
76.02
30-40-24
Borrower / Client Brenda and Leslie Johnson
‘Lender Lend-Mor Funding
Size (Square Feet}
Price per Square Foot
Location
Age
Condition
Total Rooms
Bedrooms
Baths
Appraiser
Date of Appraised Value
APPRAISER:
Final Estimate of Value $ 640,000
ADMINISTRATIVE COMPLAINT
EXHIBIT #2
Form SSD — “TOTAL RlsFeycissnrreme O- rues
98
Tower Brenda and Leslie Johnson,
iperty Address 6540 SW 43rd St
i Miami County Miami-Dade State Fi Zp Code 33155-5137
APPRAISAL AND REPORT IDENTIFICATION
File No. MS-050
This appraisal conforms to ane of the following definitions:
w Complete Appralsal (The act or process of estimating vatue, or an opinion of value, performed without invoking the Departure Rute.)
(1 Limited Appralsal (The act or process of estimating value, or an opinion of value, performed under and resulting from invoking the
Departure Rute.)
This report Is ona of the folowing types:
Self Contained (A written report prepared under Standards Rule 2-2(a) of a Complete or Limited Appraisal performed under STANDARD 1.)
Pe) Summary {A written report prepared under Standards Rule 2-2(b) of a Complete or Limited Appraisal performed under STANDARD 1.)
CO Restricted {A written report prepared under Standards Rule 2-2(c) of a Complete or Limited Appraisal performed under STANDARD 1
for client use only.)
Comments on Standards Rule 2-3
certify that, to the best of my knowledge and belief:
‘The statements of fact contained in this report are tue and correct.
The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased
professional analyses, opinions and conclusions.
{have fo (Gr te specified) present or prospective interest in the property tat isthe subject ofthis report, and no (a tie
[have no bias with respect to the property that is the subject of this report or the parties involved with this assignment.
‘My engagement in this assignment was not contingent upon developing or reporting predetermined results.
My compensation for completing this assignment is not contingent upon the development of reporting of a predetermined value ar direction in value that favors the cause
of the client, the amount of the vaiue opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly retaied to the intended use of this appraisal.
‘My analyses, opinions and conclusions were developed and this report has been prepared, in conformity wilh the Uniform Standards of Professional Appraisal Practice.
Ihave (or have not) made a personal inspection of the property that is the subject af this report.
No one provided significant real property appraisal assistance to the person signing this certification. (If there are exceptions, the name of each individual providing significant
real property appraisal assistance must be stated.)
Comments on Appraisal and Report identification
Note any departures from Standards Rules 1-2, 1-3, 1-4, plus any USPAP-related issues requiring disclosure:
APPRAISER: SUPERVISORY APPRAISER (only it required):
Signature: . Signature:
Name: Maddi_ Si Name:
Date Signed: Date Signed:
State Certification #: Certified Residential Appraiser State Certification #:
of State License #: RD5437 of State License #:
State: Florida State:
Expiration Date of Certification or License: 11/30/2008 Expiration Date of Certification or License:
oid Did Not inspect Property
ADM aed RATIVE COMPLAINT
Form 03 — “TOTAL for Windows* ani software by ata ‘inc. — 1-800-ALAMODE
EXHIBIT
ay
Uniform Residential Appraisal Report rev wooso
Ye purpose of this summar raisal report is to provide the Jender/ctient with an accurate, and adequately supported, opinion of the market value of the subject property.
foperty Address 6540 SW 43rd St City Miami State Ft Gp Code 33155-5137
orrower_Brenda and Leslie Johnson Qwner of Public Record Brenda and Leslie Johnson County Miami-Dade
egal Oesoription Bird Road Terrace 24 54-40
Ssessor's Parcel #_30-40-24-008-0520 ‘Tax Year_2006 RE. Taxes $ 5,133.00
leighborhiood Name South Miami ‘Map Reference 30-40-24 Census Tract 0076.02
‘ccupant_ [J Owner ["] Tenant {| Vacant Special Assessments $ N/A (J Pu HOAS (J) per year [_] per month
Toperty Rights Appraised 1 Fee Simple [J Leasehadd (J Omer (describe)
Ssignment Type Purchase Transaction Dx} Refinance Transaction {__] Other (describe)
enderClient_Lend-Mor Funding Address_30 W. Merrick Road, Valley Stream, New York
i the subject property currently offered for sale or has it been offered for sale in the twelve months prior to the effective date of this appraisal? OX] Yes No
‘sport data source(s) used, offering price(s), and date(s). _ Subject property was listed on the MLS 8/14/2006 for $579,000, reduced to $520,000 on 2/07. Pending sate is noted
03/2007 and had not been withdrawn. It still remains as a pending sale on the Multiple Listing Service. Seller says home is no t for sale, Asked to have listing withdrawn.
did did not analyze the contract for sale for the subject purchase transaction. Explain the results of the analysis of the contract for sate or why the analysis was not
erformed. N/A
contract Price $ NIA Date of Contract N/A {Js the property seller the owner of public record? {| Yes [ |No Data Source(s)
1 there any financial assistance (loan charges, sale concessions, gift or downpayment assistance, etc.) to be paid by any party on behalf of the Borrower? Li Yes 2g No
Yes, report the total dollar amount and describe the ftems to be pald. NIA
Unban 0 Suburban (_] Rural Property Values [J tncreasing Dx] Stable Declining
uit-Up_ Dx] Over 75% [_] 25-75% [_} Under 25% |Demand/Supply [_] Shortaga $215,058
DAViDade Tot. Assessed Val.: $448,869
Market Value: $48,869
Assessment Year: 2006
Tax Year: 2006 Legal Description: 24 54 40 Bird Road Estates
19-76 Lots 3 & 4 Blk 11 Lot
102.000 X 83 Or 17546-14€
0297 1 Coc 23120-2891 02
2005 1 John B Moore &W
Monsin Monsin Moore Or 9
- 2007 Nicholas De Benede
&W Pamela Or 17546-1407
0297 1 Marih Che Garcia C
21397-3478 04 2003 1
Alt APN: 09-40-24-030-1120 Folio # 09-4024-030-1420
Characteristics:
Lot Frontage: 102 Bedrooms: 3
Lot Depth: 83 Total Baths: 2
Lot Acres: 1944 Full Baths: 2
Lot Sq Ft: 8466 Construction: Concrete Block
Building Sq Ft 3,046 Interior Wall: Drywall
Adjusted Sq. Ft: 3046 Exterior: Concrete Brick Compositior
Total Sq. Ft.: 3,046 Floor Cover: Covered
Stories: 41 Year Built: 1954
Total Units: 4 # of Buildings: 1
Last Market Sale:
Recording Date: 10/20/2006 Owner Name: Oliva Evelio
Settle Date: 09/26/2006 Seller: Wheeler Gina M
Sale Price: $639,000 Price Per Sq Ft $209.78
http://realist2.firstamres.com/searchbasic 5/7/2007
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ADMINISTRATIVE COMPLAINT
EMMIBIT #-. eT yw
PAGE OF ct
+ Realist Page 2 of 2
Document No: 25023-4295 Muiti/Split Sale Type: see
Deed Type: Warranty Deed
Sales History:
Recording Date: 10/20/2006 02/28/2005 07/07/2003 03/03/1997
Sale/Setttement Date: 09/26/2006 02/22/2005 04/03/2003 02/25/1997
Sale Price: $639,000 $478,000 $284,000 $140,000
Buyer Name: Oliva Evelio Wheeler Gina M Garcia Marih-Che De Benedetto
Nicholas & Pame
Selter Name: Wheeler Gina M Garcia Marih-Che Debenedetto Nicholas & Moore Monsin
Pamela
Document No: 25023-4295 23120-2891 21397-3478 17546-1407
Document Type: Warranty Deed Warranty Deed Warranty Deed Warranty Deed
Mortgage History:
Mortgage Date: 10/20/2006 10/20/2006 02/28/2005 02/28/2005
Mortgage Amt: $511,200 $127,800 $380,000 $95,000
Mortgage Lender. Indymac Bk Fsb Indymac Bk Fsb Argent Mtg Co Lic Argent Mtg Co LI
Mortgage Type: Conventional Conventional Conventional Conventional
Features:
‘Courtesy of Madeline Sewell
Realtor Assoc. of Miami-Dade Cour
http://realist2.firstamres.com/searchbasic 5/7/2007
ADMINISTRAT ve COMPLAINT
EXHIBIT i es RS
pace —_ 7 — oF —————_
Comet 3 Pict S
Maddi Sewell RE1 - SINGLE FAMILY RESIDENTIAL Southeast Florida MLS
ML: M1051222 BC: PTNMO1 OF: Platinum Properties Int Inc. AREA: 40 AZON: STATUS: X
AD: 6421 SW 42 TE CITY: MIAMI RP: LLP: LP: $550,000
CT: DADE F#: 30-40-24-025-0330 ZIP: 33155 GEOAR: ZN: 1/S FM STYLE: R31 #r 0
LG: 24 54 40 LAKE HEIGHTS PB 46-32 LOT 13 BLK 3 LOT SIZE 60.000 X 112
MC: 30 TN: 40 SE: 24 SD: 25 PN: 0330 MAP: ‘ST: FL TYPE: = / SINGLE
SN: LAKE HGTS MN:
1,488 TA: YR: =1946/RS CONV: BED: 3 FBATH: 1 HBATH: 0
GARAG: 0 CPT: 0 WE: FACE: S FS:
PARK: OTHER PARK RESTR:
Lt: SF: 0 LOTDS: 0-1/4ACR
WTRER: VIEW: OTHER
WTRAC: DESGN: ATTACH Es:
CONST: CBS ROOF: SHINGLE Ms:
FLOOR: = TILE DINE: HS:
ROOMS: FLORIDA
POOLS: Y/ OTHER PL: 0 SPA:
REM: GREAT SW AREA. HOME HAS BEEN COMPLETELY REMODELED!!! 4/3. NEW ROOF, UPDATED KITCHEN, GORGEOUS POOL AREA, AND A
HUGE FAMILY ROOM. SELLER MOTIVATED!!! OWNER WILLING TO CONTRIBUTE WITH CLOSING COSTS.
_ MB:
~~BEDRM:— tBR+GRND- ~ a
MSBTH:
INTER: = IFLENTRY
EQUIP: DISHWASH DRYER MICRO RANGE-E REFRIG WASHER
WNDW: RESTR: OTHER HOPA:
€XTER: OTHER
GUEST: GUEST SQ FT: 0
SUBDV: OTHER MAINT:
HEAT: CENTRAL SPRINK: CABLEAVE:
cool: CENTRAL WTR: MUNICIPL SEWER: SEPTIC
TRMSCONS: CONV ASSUME: ‘DAV/SOH:
MPR: N TOA: N FEE: DMV/ASV:
™% $5,203 TXYR: 2003 TAX: = CITY/CNTY ™:
SPEC: POSS: OTHER IDX: Y
LPID: 3029316 LS: Magaly Uoro APH: 786-380-6621 OPH: 305-854-6247 x 0
2PID: 2A: 2AG: FAX: 305-854-6207
LT¥: ER ON: ON#: 2PH: 305-854-6247
URL: PHOTO: NOPHO wD:
EMAILA: | tlorom@yahoo.com vi:
COBA: 3% COTB: 3% CONR: VAR: N Ja BRD: M
Occup: CLLAGT SHOW: CALL-LA LD: 03/30/06 ‘XD: 05/24/06
PREV STATUS: A STATUS CHNG: 05/25/06 OK ADV: Y Li:
PREV$: $530,000 PRICE CHNG: 05/19/06 ORIG LP: $455,000 La:
INet: N
MOBILE HOME DECAL: SZ: S#: BRAND:
FEEINCL: MISC:
PD: CONTING: FURN: cD: %
ECD: CB: SPID: SS: Si:
TR: SPID2: SS2: $2:
*(c} 2007 - Southeast Florida MLS — INFORMATION IS BELIEVED ACCURATE BUT IS NOT WARRANTED* 05/07/07 08:11 PM
Seid xlleer?
$30, 00°
Gfas]aee4- 974,00?
Grout arama te Deugter Bench
wo .
var LAIN
AU IENID ERS Ue RAN
ExHiBiT iw
a
page __22 — OF
- Realist Page 1 of 2
Property Details
For Property Located At
6421 SW 42nd Ter
Miami, FL 33155-5122
Unincorporated - Dade County
Owner Info:
Owner Name: Delcanto Farah D Settle Date: 08/11/2006
Tax Billing Address: 6421 SW 42nd Ter Annual Tax: $6,971
Tax Billing City & State: Miami, FL County Use Code: Single Family
Tax Billing Zip: 33155 State Use: Single Family
Tax Billing Zip+4: 5122 Universal Land Use: SFR
Recording Date: 08/23/2006
Location Info:
Subdivision: Lake Heights Panel Date: 03/02/1994
Census Tract: 76.02 Flood Zone Code: x
Carrier Route: C004 Zoning: Ru-1
Flood Zone Panel: 1206350180J
Tax Info:
$133,355
= - - “$181 ABS
ELE. : DAVMDade Tot, Assessed Val.: $314,840
rn a ~- $314,840
2006 Legal Description: 24-54 40 Lake Heights Pb-4
32 Lot 13 Bik 3 Lot Size 60.
X 112 Or 17580-4457 1296
Coc 24850-0238 08 2006 1
Melbourne J Eno &W Haze
Hazel M Eno & Annette E A
Or 9472 168-169 Carlos
Navarro &W Janet L Or
139989-1370 0289 5 Janet
Navarro Or 17580-4467 12!
Douglas Guncet Coc 22477
4341 06 2004 t
Tax Year. 2006 Folio #: 30-4024-025-0330
Alt APN: 30-40-24-025-0330
Characteristics:
Lot Frontage: 60 Full Baths: 1
Lot Depth: 112 Patio Type: Concrete/Masonry Patio
Lot Acres: 1543 Construction: Concrete Block
Lot Sq Ft: 6720 Interior Wall: Drywall
Building Sq Ft: 1,703 Exterior: Concrete Brick Compositior
Adjusted Sq. Ft.: 1488 Floor Cover: Covered
Total Sq. Ft: 1,758 Pool: Commercial
Stories: 1 Pool Size: 230
Total Units: 1 Year Built: 1946
Bedrooms: 3 # of Buildings: 1
Total Baths: 1
Last Market Sale:
http://realist2.firstamres.com/propertydetail.jsp 5/7/2007
BUOMINIS |
Ve COMPLAINT
EXHIBIT fo
Pace of ws
ee
+ Realist
Recording Date:
Settle Date:
Sale Price:
Document No:
Deed Type:
Sales History:
Recording Date:
Sale/Setttement Date:
Sale Price:
Buyer Name:
Seller Name:
Document No:
Document Type:
Mortgage History:
Mortgage Date:
Mortgage Amt:
Mortgage Lender:
Mortgage Type:
Features:
08/23/2006
08/14/2006
$530,000
24850-238
Warranty Deed
08/23/2006
08/11/2006
$530,000
Delcanto Farah D
Guncet Douglas
24850-238
Warranty Deed
08/23/2006
$424,000
Aegis Fndg Corp
Conventional
Owner Name: Deicanto Farah D
Seller: Guncet Douglas
Price Per Sq Ft: $311.22
Mutti/Split Sale Type: te
07/13/2004 03/28/1997
06/28/2004 12/13/1996
$274,000 $22,100
Guncet Douglas Navarro Janet L
Navarro Janet L Navarro Carios
22477-4341 17580-4457
Warranty Deed Quit Claim Deed
08/23/2006 01/30/2006 02/24/2005
$106,000 $79,000 . $317,700
Aegis.Fndg Corp Washington Mutual Bk Fremont Invs & L
a
Conventional Conventional Conventional
Page 2 of 2
Description:
ee 7-98 a
65
43
55
290
Extra Features
Description: Sqft: Number: Width: Depth: Extra Fea Yr Bit: Value:
SerfEnc Alum 1946 1814
Con/Patio 1946 376
Poot Comm Avg 1946 5233
Con/Patio 1982 995
Con/Patio WIRE 1982 1704
Courtesy of Madeline Sewell
Realtor Assoc. of Miami-Dade County, inc.
The data within this report is compiled by Fiest American Real Estate Solutions from public and private sources. If desired, the
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or
municipality.
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5/7/2007
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ive
Come #4
Maddi Sewell RE1 - SIN! “AMILY IDENTIAL Southeast Florida MLS
ML: M1040922 BC: CBRESO OF: Coldwell Banker Res. RE. Inc ‘AREA: 40 AZON: STATUS: CS
AD: 6501 SW 49 TE CITY: MIAMI RP: LLP: LP: $660,000
CT: DADE Fiz 09-40-24-043:0070 -« ZIP!33155 GEOAR: ZN: 8 /SFM STYLE: R30 ai: 8
LG: 24 54 408LUE HEIGHTS PB 64-136 LOT 7 BLK 1 LOT SIZE 85.230 X 125 OR 2
Mc: 9 TN: 40 SE: 24 SD: 43 PN: 0070 ~MAP: 2440 ST: FL TYPE: / SINGLE
Dv: SN: BLUE HGTS MN:
tar "2693"” “TA: ~-2,693~«=«=SYR:~=«1960/RS CONV: BED: 4° FBATH: 2 HBATH: 0
GARAG: 1/ ATT CPT: 0 WE: FACE: S Fg: U
PARK: — DRIVEWAY PARK RESTR:
it: 8523X 125 SF: 10,653 LOTDS: 0-1/4ACR CORNER
WTRFR: ON VIEW: GARDEN
WTRAC: DESGN: DETACH/ 1STORY 2
CONST: CBS ROOF: COMPROLL $-TILE Ms:
FLOOR: CARPET CLAY DINE: HS:
ROOMS: DEN FAMILY
POOLS: N PL: SPA:
REM: YOU WILL LOVE THIS FANTASTIC FAMILY HOME WHICH IS LOCATED IN A PRIME, CLOSE- IN SOUTH MIAMI NEIGHBORHOOD! SOME OF
THE SPECIAL FEATURES INCLUDE LARGE OPEN LIVING AREAS, AN UPDATED COOK'S KITCHEN, A BRAND NEW BARREL TILE ROOF,
TERRACOTTA FLOORS, NEW DOORS,NEW LANDSCAPING AND NEW
STUDY OR DEN. FRESH PAINT- INSIDE AND OUT.
DIR: 67 AVE (LUDLAM) TO SW 49 TERRACE
(CARPETING IN THE BEDROOM WING. THE FOURTH BEDROOM IS A
Veo
Di
MB: 2B: “SB: 48:
~ BEDRM:— MBRGRND ~MBRSITTING ee
MSBTH:
INTER: 1FLENTRY FRENCHDR WALKCLOS
EQUIP: DISHWASH DISPOSAL ELECWHTR RANGE-E WASHER
WNDW: = CASEMENT RESTR: NONE HOPA:
EXTER: FENCE SHUTTERS
GUEST: GUEST SQ FT: 0
SUBDV: NONE MAINT:
HEAT: CENTRAL ELEC SPRINK:; AUTO WELL CABLEAVL: Y
COOL: CENTRAL ELEC WTR: MUNICIPL
TRMSCONS: CONV i: $316,680
MPR: N TOA: N FEE:
™ $7,452 TXYR: 2005 TAX: HOMESTEAD
SPEC: POSS: FUNDING TOX: Y
LPID: 473024 LS: Karen Levine APH: 305-235-3411 OPH: 305-235-3411 x 151
2PID: 2A: 2AG: FAX: — 305-255-8814
LT¥: ER ON: CALL TONY FOR APPT. ON#: 305-968-7323 2PH: 305-968-7999
URL: PHOTO: NOPHO wo:
EMAILA: = karvine@aol.com vi:
COBA: 3% COTB: 3% CONR: 3% VAR: N JA: N BRO: M
occuP: OWNER SHOW: 24HRNOTICE CALL-LA LD: 02/13/06 XD:
PREV STATUS: PS STATUS CHNG: 05/16/06 OK ADV: N Ut:
PREV$: $699,000 PRICE CHNG: 03/06/06 ORIG LP: $749,000 12:
INet: Y/FANTASTIC FAMILY HOME WHICH IS LOCATED IN A PRIME, CLOSE IN SOUTH MIAMI NEIGHBORHOOD. LARGE OPEN LIVING AREAS, COOK'S KITCHEN,
BARREL TILE ROOF & MORE
MOBILE HOME DECAL: SZ: S#: BRAND:
FEEINCL: MISC:
PD: 05/05/06 CONTING: DM: 81 FURN: U CD: 05/15/06 ‘SP: $635,000
ECD: 05/11/06 CB: = CBRESO SPID: 473024 SS: Karen Levine $1:
TR: CONV SPID2: SS2: $2:
*(c) 2007 -- Southeast Florida MLS — INFORMATION 1S BELIEVED ACCURATE BUT IS NOT WARRANTED* 05/07/07 07:12 PM
Iv
Come * s
Maddi Sewell RE1 - SINGLE FAMILY RESIDENTIAL Southeast Florida MLS
ML: D1110923 BC: KERD OF: KERDYK REAL ESTATE, INC. AREA: 40 AZON: STATUS: CS
AD: 5785 SW 49 ST CITY: MIAMI RP: LLP: LP: $589,000
CT: DADE —F#: 09-40-24-0540110 Z1P:33155_ GEOR: ZN: 1/SFM STYLE: R30 #1
LG: BILTMORE HGTS A RE-SUB PB 39-1LOT 14 & W40FT LOT 13 BLK 1 LOT SIZE 101.000 X 100 OR 1
Mc: 9 TN: 40 SE: 24 SD:34 PN: 0110 MAP: 2440 St: FL TYPE: / SINGLE
Dv: SN: _ BILTMORE HGTS RESUB MN:
ix 363 TA 2,183 YR? 19537 RS CONV: BED! 3 FBATH: 3 HBATH: 0
GARAG: 1/ ATT crt: 0 We: FACE: SFSU
PARK: DRIVEWAY OTHER PARK RESTR:
ut: 101X100 SF: 10,100 LOTDS: 1/4-1/2A CORNER
WTRER: —N/ OTHER VIEW: OTHER
wrRac: DESGN: DETACH/ 1STORY 7
CONST: CBS STUCCO ROOF: S-TILE Ms:
FLOOR: CERAMIC TERRAZZO DINE: OTHER Hs:
ROOMS: DEN OTHER UTIL-GAR
POOLS: N PL: SPA:
REM: This house is located near the University of Miami in highly sought out Biltmore Heights. Exterior freshly painted. The large sitting room off of
the master suite can be used as a den/library. The living room has a high coved ceiling. The floor plan isexcellent and all rooms are bright.
10,100 sq.ft. fot. AS IS.
DIR: ONE BLOCK SOUTHWEST OF RED ROAD (SW 57 AVENUE) AND BLUE ROAD (SW 48 STREET) CLOSE TO UNIVERSITY OF MIAMI.
_ BRK-REM:
~BEDRM: MBRSITTING ~~
MSBTH:
INTER: OTHER VOLUMCEIL
EQUIP: DISHWASH DISPOSAL DRYER RANGE-E REFRIG SMOKEDET WASHER
WNDW: = AWNING RESTR: OTHER HOPA:
EXTER: AWNINGS FENCE PATIO
GUEST: GUESTSQFT: 0
SUBDV: NONE MAINT:
HEAT: — CENTRAL ELEC SPRINK: WELL CABLEAVL: Y
Coot: CEILFAN CENTRAL ELEC WTR: MUNICIPL, SEWER: SEPTIC
TRMSCONS: OTHER ASSUME: N
MPR: ON TOA: N FEE:
2 $3,011 TXYR: 2005 TAX: CITY/CNTY HOMESTEAD
0573256 LS: KENDELL TURNER APH: 305-443-4297
2A: 2AG:
ON: . ‘ON#: 2PH: 305-431-4343
PHOTO: NOPHO ‘WD:
CATKST@aol.com VI:
x COTB: 3% CONR: 0% VAR: N wa BRD: D
CALAGT SHOW: CALL-LA LD: 04/15/06 XD:
PREV STATUS: PS STATUS CHNG: 06/02/06 OK ADV: Y PB
PREV$: PRICE CHNG: ORIG LP: $589,000 L2:
‘Net: ¥/Near UM. Large sitting rm off master suite can be deny/ubrary. High coved celfing in i/room. Floor plan excellent, alt rooms bright. 10,100 sft. fot.
MOBILE HOME DECAL: SZ: S#: BRAND:
FEEINCL: misc:
PD: 05/12/06 CONTING: OM: = 27 FURN: U CD: 06/01/06 SP: $589,000
ECD: 06/03/06 CB: ABIROL SPID: 0626593 SS: Ysha Arteaga Si:
TR: CONV SPID2: ss2: $2:
*(c) 2007 - Southeast Florida MLS — INFORMATION IS BELIEVED ACOURATE BUT IS NOT WARRANTED* 05/07/07 07:12 PM
Pic BO
Be purrs cote vith Ce pk 2S yeeros
ADMINISTRATIVE COMPLAINT.
EXHIBIT #__Y
PAGE 14 OF 1)
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wt exHigiy #_Y
PAGE 19 OF ta
"Interior Features:
Equipment: Dishwasher, Oryer, Electric Water Heater,
Miami, FL 33155-5137 |
List Price: $520,000
Area, County 40, Dade County
Listing Status; Expired
ML Number: 01134024 Year Built; =1947/ Resale
TR 4 LOT SIZE 61.000 X 146 ORT
®BIRD ROAD TERRACE
Model Name:
Remarks: DON'T MISS THIS OPPORTUNITY#! JUST REOUCED FOR A QUICK SALE!
240 Type: Single
165405 SW 43 ST
Style: Pool Only
Development: WEST MIAMI
Design: Detached, One Story, Substantially Remodeled
REMODELED HOME iN A GREAT LOCATION!!! LARGE LOT
Zone: 01 /SFM
Section: 924
WITH POOL AND SWING SET AND ROOM FOR RV/BOAT. THIS PROPERTY FEATURES NEW ROOF, DUAL ZONE A/C SYSTEM {2
UNITS), BEAUTIFUL KITCHEN WITH STAINLESS STEEL APPLIANCES, A DEN WITH A POOL TABLE IDEAL FOR ENTERTAINING, AND
MUCH MORE!
#Bedrooms: 3 #Full Baths: 2. #Half Baths: 0
Room Dimensions:
Furnished Info: Unfurnished
Bedroom Description: Other
Master Bath: Co
Floor Desc: Ceramic Floor, Tile Floors.
SQFT (living area): 2,563 SQFT {total area): «2,563 Convertb! Bdrm?
lcemaker, Microwave. Electric Range, Refrigerator. Washer
Construction: Cbs Construction
Roof: Shingle Roof
Windows:
Garage - #Spaces/Desc: 0
Parking Desc: Circle Drive, Pavers, Rv/Boat Parking
Parking Restri
‘Spa? Poot Info: Y/ Above Ground Pool
Waterfront Info: N
Water Access:
Restrictions: None
Exterior Features: Fence, Hurricane Shutters
Guest House Info:
ions:
View: Other View Faces: North
Carport - #Spaces / Desc: 0
Waterfront Frontage;
HOPA: Pet Info: ¥/ More Than 20 Los
Lot Info: «61X 146 9/ 8,906 SqFt, Less Than 1/4 Acre Lot
‘Subdivision Info: No Subdiv/Park Info
Maintenance Includes:
Heat: Central Heat
Centrat Cooling
Sprinkler:
Coo!
Water: Municipal Water
Sewer: Septic
Cable Avaitable:_¥
Range Price? / Low List Price:
Totat Mortgag
Assumable? Type of Assoc: N
DAV/SOH: $378,450 DMU/ASV:
Tax Information: $4,792 from year 2005/ Tax Reflects Homestead Tax
Terms Considered: Conventional
Dirs:
Membership?/Purchase Fee: N
This Listing is Courtesy Of: Keller Williams Premier Props
*(©) 2007 -- Southeast Florida MLS —- INFORMATION IS BELIEVED ACCURATE BUT {S NOT WARRANTEC 05/15/07 05:12 PM
ALA
EXHIB
Price
DI177492
D1177492
01134024
D1134024
D1134024
05/45/07
PS $520,000 03/07/07 3112383 MTRCO1 7
A $520,000 03/03/07 3112383 MTRCO1
x $620,000 02/12/07 3112383 KWPPOT
A $520,000 09/14/06 3112383 KWPPO1
A $579,900 08/14/06 3112383 KWPPOT
*() 2007 — Southeast Florida MLS -- INFORMATION 1S BELIEVED ACCURATE BUT IS NOT WARRANTED* — 05:13 Pt
PRORGE ah Devs OE aT
Maddi Sewell
From: EDMUND BUZY-PUCHEU [EBUZY @deitafunding.com]
Sent: Tuesday, May 15, 2007 5:42 PM
To: appraisalpointe@yahoo.com
Subject: 6540 SW 43rd St, Miami FL 33155 / 62842908
Attachments: 628429081 pdf
628429081.paf (39
KB)
Dear Ms. Sewell,
Please read below, see the attachment and respond. The nature of your reply will
determine if we will continue to accept your appraisals and or if we will report the
matter to the FL appraisal board.
62842908, Broker: Lend-Mor Mortgage Bankers Corp., Borrower: Leslie Johnson, Property:
6540 SW 43rd St, Miami FL 33155, Appraiser: Maddi Sewell, FL Certified Residential #:
RD5437, Appraisal Pointe, Appraiser's File #: MS-050, Appraiser's Opinion of Market Value:
$640,000 as of 5/8/2007.
Issue: On 5/8/2007, Matti Sewell appraised the property located at 6540 SW 43rd St, Miami
FL_33155 and rendered an opinion of market value of $640,000. In the appraisal the
appraiser checked the box “yes™ EO" the St fo-LE“the property tad been offered=for-sate:
_in-the-twelvemonths prior tothe effective date of appraisal, however, no details were _
__provided on the offering or listing. hina ss secant ccm BE
On 5/15/2007, the appraisal-was reviewed-by Delta.Funding in connection with a mortgage.
application. It was discovered in the course of the appraisal review that the property
was listed for sale for $520,000 when it expired in 3/7/2007. It was listed on 8/14/2006
for $579,000 MLS# D1134024, but reduced on 9/14/2006. A conversation with the listing
agent revealed that there was only one offer on the home for $526,000.
Tt is our contention that this appraisal is in violation of USPAP standard 1-5 for failing
to report the listing price of the property, and in violation of the Ethics Provision
because the report is deemed misleading by this omission.
Edmund Buzy-Pucheu
Vice President, Appraisal Review
Delta Funding Corp. &
Fidelity Mortgage Inc.
1000 Woodbury Road
Woodbury, NY 11797
516-812-4575
800-247-1840 fax
ADMINISTRATIVE COMPLAINT.
EXHIBIT #
pace __! OF
[IRL
Property Information Map
Page 1 of 1
My Home
Miami-Dade County, Florida
Primary 0100 SINGLE FAMILY
Zone: RESIDENCE
Luc: 10001 RESIDENTIAL- SINGLE)
° ‘AMILY
Beds/Baths:[3/2 0d
es (rs
OF W366FT OF N1/2 OF TR
Description: 4 LOT SIZE 61.000 X 146 OR|
19690-2911 05/2001 4 COC
[21880-3250 09 2003 5
Sale Information:
Sale O/R: 15690-0190
10/1992
Sale Amount:_ [$84,000
Assessment Information:
2007__ {| _2006
Digital Orthophotography - 2006 : 0 wmmenennee 114 ff
| $256,400 |
. $256,400 [§
This map was created on 9/24/2007 10:17:48 AM for reference purposes only. uilding Value: $258,725
Web Site © 2002 Miami-Dade County. All rights reserved. Market Value: $515,125 [$469,263]
$257.55 fo251.272
Homestead
Se Exemption: $25,000 | 525,000
. otal Exemptions: $25,000 {$25,000
axable Value: $232,553 § 2}
ADMINISTRATIVE COMPLAINT
EXHIBIT 4b Ss”
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Semen
http://gisims2.miamidade.gov/myhome/printmap.asp?mapurl=http://gisims2.miamidade.go... 9/24/2007
Miami-Dade My Home-Text Page 1 of 2
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Show Me:
[Property Information-Text I
Search By:
Property:
Mailing Address:
16402 SW 41 ST
NELSON MARTIN
16402 SW 41 ST MIAMI FL
33155-
Property Information:
(0100 SINGLE FAMILY RESIDENCE
(0001 RESIDENTIAL- SINGLE FAMILY
ABQ =
24 54 40 LAKE HEIGHTS PB 46-32 LOT 5 BLK 2 LOT SIZE
72.690 X 107 OR 20591-2442 07/2002 1 COC 25563-1289 04
2007 1
Sale Information:
25563-1289
Sale Date ifarz0or7 SSCS
Assessment Information:
a cc A
Assessed Value: $425,731 $387,874
otal Exemptions: SS Sc
‘axable Value: $425,731 $387,874
=
=
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[Select Item |
6330 SW 44 ST
Mailing Address: IEVELIO OLIVA
Address Search
‘Enter the address and click e390 ae ST MIAMI FL
“LOCATE”. Use the Tab key to
switch between fields or click using Property Information:
the mouse. [0100 SINGLE FAMILY RESIDENCE
ICLUC: (0001 RESIDENTIAL- SINGLE FAMILY
= oe , a eae 2 SEE
8.466 SQFT
Year Built: 1954 i
Unit(opty: fo 24 54 40 BIRD ROAD ESTATES PB 19-76 LOTS 3 & 4 BLK 11
Zip Code : Legal Description: LOT SIZE 102.000 X 83 OR 17546-1407 0297 1 COC 25023-
i 14295 09 2006 1
(opt):
Sale Information:
Sale O/R: 25023-4295
972006
Sale Amount: $639,000
Assessment Information:
Frotai Exemptions: [so] $2500
oO
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ADMINISTRATIVE COMPLAINT.
EXHIBIT #7
. . PAGE e;
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Ty
Miami-Dade My Home-Text Page 1 of 2
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[Select item a =
Folio No.: 30-4024-025-0330
Property Appraiser Tax Estimator & Print friendly version
Summary Details: ¢
Propery: e421 Sw.42 TERR
Maiting Address: FARAH DIAZ DEL CANTO £
Address Search
‘Enter the address and click
“LOCATE”. Use the Tab key to
switch between fields or click using
the mouse.
6421 SW 42 TERR MIAMI FL
33155-5122
Property Information:
—---Number........
6,720 SOFT
Nearbuie fis
24 54 40 LAKE HEIGHTS PB 46-32 LOT 13 BLK 3 LOT SIZE
Legat Description: 160.000 X 112 OR 17580-4457 1296 4 COC 24850-0238 08 2006
4
Street Type:
Unit (opt):
Zip Code
{opt):
Sale Information:
24850-0238
2005
sie
FrotarExemptins» [0 «dt
=T=
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Property Appraiser Tax Esti
Summary Details: €
Mailing Address: LAURENCE T CARROLL &W é
GENEVIEVE C CARROLL
16501 SW 49 TERR MIAMI FL
33155-6135
Property Information:
0800 SINGLE FAMILY RESIDENCE
ICLUC: 10001 RESIDENTIAL- SINGLE FAMILY
10,654 SQ FT
Year Buitt, fi960
24 64 40 BLUE HEIGHTS PB 64-136 LOT 7 BLK 1 LOT SIZE
Legal Description: 85.230 X 125 COC 24557-4431 05 2006 1
Unit (opt):
Zip Code
(opt):
Sale Information:
24557-4431
5/2006
$635,000
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ADMINIS TBA
EXHIBIT #2
a
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Cor ST
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Summary Details: «
Folio No.: 09-4924-034-0110
5785 SW 49 ST
Mailing Address: JAMES L GOINS &W é
STEPHANIE GOINS
S785 SW 49 ST MIAMI FL
Address Search
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Street Name: a9 i i 2
st . jt sf Lot Size: 10,100 SQ FT
Meet TPE year Built 1953
Unit (opt): BILTMORE HGTS A RE-SUB PB 39-1 LOT 14 & W40FT LOT 13
Zip Code Legal Description: BLK 1 LOT SIZE 101.000 X 100 OR 16031-2350 0893 1 COC
24588-0882 06 2006 1 -
{opt):
Sale information:
Sale Date:
[Sate Amount 589,000
Assessment Information:
320251
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EXHIBIT #_F
PAGE Vv oOF
http://gisims2.miamidade.gov/myhome/proptext.asp 9/19/2007
Docket for Case No: 08-002388PL
Issue Date |
Proceedings |
Jul. 11, 2008 |
Order Closing File. CASE CLOSED.
|
Jul. 09, 2008 |
Motion to Relinquish Jurisdiction filed.
|
Jul. 07, 2008 |
Amended Unilateral Pre-hearing Stipulation filed.
|
Jul. 07, 2008 |
Unilateral Pre-hearing Stipulation filed.
|
May 29, 2008 |
Order of Pre-hearing Instructions.
|
May 29, 2008 |
Notice of Hearing by Video Teleconference (hearing set for July 21, 2008; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
May 21, 2008 |
Joint Response to Initial Order filed.
|
May 16, 2008 |
Initial Order.
|
May 16, 2008 |
Administrative Complaint filed.
|
May 16, 2008 |
Election of Rights filed.
|
May 16, 2008 |
Agency referral filed.
|