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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs CHAD TURNER, 09-002303PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-002303PL Visitors: 12
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: CHAD TURNER
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Apr. 30, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 25, 2009.

Latest Update: Oct. 31, 2024
STATE OF FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BOARD FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, (4 3303 pL Petitioner, v. Lo CASE NO. 2008020729 CHAD TURNER, Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative. Complaint against Chad Turner("“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 5325 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 821 SE and H:\FREAB\Turner.729.doc | FDBPR v. Chad Turner Case No. 2008020729 Administrative Complaint Court, Ft. Lauderdale, Florida 33301. 4, On or about December 7, 2005, Chad Turner. (Respondent) developed and communicated an appraisal report (Report) for property commonly known as 51 Lone Pine Street, Homosassa, Florida 34446 (Subject Property), and estimated its value as $368,000.00 A copy of the Report is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. At the time Report 1 was developed and communicated, Respondent was a State Certified Residential real estate appraiser. 6. Respondent made the following errors and omissions on the Report: A) Misstatement that Subject Property had a fireplace, when it did not; B) Failure to verify the correct gross living area for comparable sale 1 when there is a discrepancy between the work file documents; C) Misstatement of the garage size for comparable sale 1; D) Adjustment for fireplace on comparable sale 1, when it was not necessary; E) Adjustment for bathroom count and square footage, without explanation of its necessity or market support of its accuracy, for comparable sale 1; F) Failure to note that comparable sale 2 had a finished H:AFREAB\Turner.729. doc . . 2 FDBPR v. Chad Turner Case No. 2008020729 Administrative Complaint utility shed; G) Failure to make an adjustment or provide an explanation for no adjustment on comparable sale 2 for it’s finished utility shed; H) Adjustment for fireplace on comparable sale 2, when it was not necessary; I) Adjustment for bathroom count and square footage, without explanation of its necessity or market support of its accuracy, for comparable sale 2; J) Failure to note comparable sale 3 has a pool; K) Failure to make an adjustment or provide an explanation for no adjustment on comparable sale 3 for it’s pool; L) Incorrect sale date for comparable sale 3; M) Failure to verify the. correct gross living area for comparable sale 3 when there is a discrepancy between the work file documents; N) Adjustment for fireplace on comparable sale 3, when it was not necessary; ©) Adjustment for bathroom count and square footage, without explanation of its necessity or market support of its accuracy, for comparable sale 3; and P) Failure to disclose and display the appropriate designation in the Report. HAFREAB\Turner.729.doc 3 FDBPR v. Chad Turner Case No. 2008020729 Administrative Complaint 7. The work file lacks a copy of the contract engaging the appraiser’s services for the subject Property. 8. There:is no documentation in the work file to support the $10/square foot Gross Living Area adjustments made to all comparable sales in the Sales Comparison section of the Report. 9. There is no documentation in the work file to support the $70,000 Opinion of Site Value adjustment made in the Cost Approach section of the Report. 10. There is no Marshall and Swift information in the work file, when Respondent lists this as a data source, to support the adjustments and data used in the Cost Approach of the Report. 11. The work file lacks any MLS documents for comparable sale 3, when Respondent lists this as a data source in the Sales Comparison section of the Report. 12. There is no documentation in the work file to support the following information in the Sales Comparison section for comparable sale 3: "Room Count; Functional Utility, Heating/Cooling; Energy Efficient Items; and Garage/Carport. 13. There is no documentation in the work file to support the $5,000 Age adjustment to comparable sale 1 in the Sales Comparison section of the Report. 14. There is no documentation in the work file to support the $2,000 “bathroom” adjustment to comparable sale 1 in the Sales HA\FREAB\Turner.729,doc 4 FDBPR v. Chad Turner . - Case No. 2008020729 Administrative Complaint Comparison section of the Report. 15. There is no documentation in the work file to support the $10,000 Pool adjustment to comparable sale 1 in the Sales Comparison section of the Report. 16. There igs no documentation in the work file to support the $2,000 “3-Car” Garage/Carport adjustment to comparable sale 1 in the Sales Comparison section of the Report. 17. There ig no documentation in the work file to support the $2,000 Fireplace adjustment to comparable sale 1 in the Sales Comparison section of the Report. 18. There is no documentation in the work file to support the $2,500 Age adjustment to comparable sale 2 in the Sales Comparison section of the Report. 19. There is no documentation in the work file to support the $3,500 “bathroom” adjustment to comparable sale 2 in the Sales Comparison section of the Report. 20. There is no documentation in the work file to support the $10,000 Pool adjustment to comparable sale 2 in the Sales Comparison section of the Report. 21. There is no documentation in the work file to support the $2,000 ™3-Car” Garage/Carport adjustment to comparable sale 2 in the Sales Comparison section of the Report. 22. There is no documentation in the work file to support the H:AFREAB\Turner.729.doc 5 FDBPR v. Chad Turner Case No. 2008020729 Administrative Complaint $2,000 Fireplace adjustment to comparable sale 2 in the Sales Comparison section of the Report. 23. There is no documentation in the work file to support the $5,000 Age adjustment to comparable sale 3 in the Sales Comparison section of the Report. 24. There is no documentation in the work file to support the $2,000 “bathroom” adjustment to comparable sale 3 in the Sales Comparison section of the Report. 25. There is no documentation in the work file to support the $2,000 “3-Car” Garage/Carport adjustment to comparable sale 3 in the Sales Comparison section of the Report. 26. There is no documentation in the work file to support the $2,000 Fireplace adjustment to comparable sale 3 in the Sales © Comparison section of the Report. A copy of the Respondent’s work file for the Report is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 27. Respondent, in his work file, includes data regarding additional comparables that are more gimilar to the Subject Property and sold for significantly less than the opinion of market value in the Report. Respondent failed to use or discuss these included comparables. A copy of the comparables included in Respondent’s work file as well as the Citrus County Property Appraiser’s Public Records for the properties is attached hereto H:A\FREAB\Turner.729.doc 6 FDBPR v. Chad Turner Case No. 2008020729 Administrative Complaint and incorporated herein as Administrative Complaint Composite Exhibit 3. 28. Pursuant to Complainant’s property insurance being cancelled due to an overvaluation of the Subject Property, a review appraisal for the Subject Property was developed and communicated for the Insurer. This review appraisal demonstrates that better comparables for significantly lower values were present during the time Respondent developed and communicated his Report. A copy of the letter from Complainant's insurer is attached hereto and incorporated herein as Administrative Complaint Exhibit 4. A copy of the review appraisal as well as the Citrus County Property Appraiser’s Public Records for the properties used as comparable sales in the review appraisal is attached hereto and incorporated herein as Administrative Complaint Composite Exhibit 5. COUNT ONE 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 TWO Based upon the foregoing, Respondent is guilty of failing to disclose and display the appropriate designation in writing in all appraisal reports in violation of Rule 6101-7.001(1) and (2) (c), Florida Administrative Code and Section 475.622, Florida Statutes HA\FREAB\Turner.729.doc 7 FDBPR v. Chad Turner . Case No. 2008020729 Administrative Complaint and, therefore, in violation. of Section 475.624(4), Florida Statutes. COUNT THREE Based upon the foregoing, Respondent has violated a standard for the development or communication of a real estate appraisal, specifically the Conduct Section of the Ethics Rule, or other provision of the Uniform’ Standards of Professional Appraisal Practice (2005) in violation of Section 475.624(14), Florida Statutes. COUNT FOUR Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest conduct, culpable negligence, or breach of trust in any business transaction in violation of Section 475.624(2), Florida Statutes. COUNT FIVE Based upon the foregoing, Respondent is guilty of failure to retain records for at least five years 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. HA\FREAB\Turner.729.doc 8 FDBPR v. Chad Turner Case No. 2008020729 Administrative Complaint COUNT SIX Based upon the foregoing, Respondent has violated a standard for the development or communication of a real estate appraisal, specifically Standards Rule 1-1(a), (b), and (c), or other provision of the Uniform Standards of Professional Appraisal Practice (2005) in violation of Section 475.624(14), Florida Statutes. COUNT SEVEN Based upon the foregoing, Respondent has violated a standard for the development or communication of a real estate appraisal, specifically Standards Rule 1-4(a), (b), (£), and (h) (ii), or other provision of the Uniform Standards of Professional Appraisal Practice (2005) in violation of Section 475.624(14), Florida Statutes. COUNT EIGHT Based upon the foregoing, Respondent has violated a standard for the development or communication of a real estate appraisal, specifically Standards Rule 2-1(a) and (b), or other provision of the Uniform Standards of Professional Appraisal Practice (2005) in violation of Section 475.624(14), Florida Statutes. COUNT NINE Based upon the foregoing, Respondent has violated a standard H:A\FREAB\Turer.729,doc 9 FDBPR v. Chad Turner Case No. 2008020729 Administrative Complaint , for the development or communication of a real estate appraisal, specifically Standards Rule 2-2(b) (ix), or other provision of the Uniform Standards of Professional Appraisal Practice (2005) 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 6131-8.002, 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, H:AFREAB\Turner.729.doc : 10 FDBPR v. Chad Turner Case No. 2008020729 Administrative Complaint 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 Section 455.227, Fla. Statutes and Florida Administrative Code Rule 61071-8.002. H:A\FREAB\Turner.729,doc i FDBPR v. Chad Turner Case No. 2008020729 Administrative Complaint ; SIGNED this IO day of C zk hres ) , 2008. Professional Regulation Thomas O’Bryant, Jr., Director, Division of Real Estate Keay ee sncnonesapen seats suneas . ONY enn . ATTORNEY FOR PETITIONER Robert Minarcin Senior Attorney Fla. Bar No.163147 Division of Real Estate Legal Section 400 W. Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 - FAX PCP: SD/FG 10/08 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 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 H:\FREAB\Turner.729.doc 12 FDBPR v. Chad Turner Case No. 2008020729 Administrative Complaint 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. H:AFREAB\Turner.729.doc 13 {he Applatsal Fires (440) 717-0800 Uniform Residential Appraisal Report etn STRUT Pte as} Garberg Fle# §12015 The of this summa Is lo prodde the londer/diont with an accurate, and adequately supported, ton. of the market vaie of the sublect property, Property Adtress _51 Lone Pine Street Sity_ Homosassa State Ft ZipCode aase.5745 Bonowe Petar Garber Ovmer of Pubiic Record Joseph Reed County Carus Legal Desciption SUGARMILL WOODS OAK VLG LOT 33 BLK 176 DESC IN OR BK 808 PG 309 Assessor's Paivel # _18£20S130020 01760 0330 Tax Yeat_ 2005 RE. Taxes § 405.14 Helgibortioad Name Suganmnié Woods “Nap Aleience “See Addenda Census Tract 9816.00 Owns [) Tenant (J vacant Spetil Assassmarts $ See addenda, Bg Pu HOA $'g5.00 “Bd per t sont g Y Rights Appraised | Fee Simple JLeasdhold (_] Onner Meseriteh Assignment Type _[X] Purctase Transaction {] Rativarce Transaction [7] Otter (describe) LendeOfent CTX Morigage Com pany: Adiress _3400 McKinnon Street &th Flor, Datias, TX 75201 {8 the sutfect property currenlly offered for sale oc his & bean offered {or sae Inthe IWelve montis prior tothe effective date of tis apyaalsal? Bayes FT tio data source(s) used, offering price(s), and date(s), Purctiasé Agreemert, MLS, County Property Appraiser | Bo did [} aid not anatyze the contract tor Sa tot the perlormed. The purchase sgreement subjeot purclzise transaction Exqlain the ress of the analysis of the contrac for sale of wity the analysis Was not Sppears to be e valld arms length transaction There is no evidence € of any fraudulent exchanges made within his sales transaction. Contract Price § 296.235 Date of Contact 10/28/2005 _ 1s Bie properly seller te owner of pte record? Dxlves [fic Data Sourcate) 2 Hs there any tnartcial-assistance (oan charges, sale concessions. gift H Yes, report the total dotar amount and deseribe the tems to be pald, or downpayment assistanca, etc} to be paid by See Attached Addenda. ‘any party on behatf of the borrower? DYe no 0 rapa 4 it aff Values ExT increasing —[} State Deo AGE [Dre-tnit _ 36 %) Py Guit-Up [_] Over 75' 25-75% |) Under 25% EK) Shotage {n Balance [] Over Supply | .$ (000) yrs) (2-4 Une 5% Ss] Grovth (x) Rapid Stable Metheting Time Dsl Under Srntig [7] 3-6 mitts [7] Over mths | 200. Low New 6% Neighbortiond Boundaties The subject neighborhood & bounded by Oak Vitage Blvd. to the northwest S. [00 High §0 | Commercial 5% a] Richtop Terrace t6 the east, and W. ponce Dé Leon Biya. to the south, 350 Pred 20 | Other 60% Neighbortioad Oescription ~The subject is located fn the dity of Homosassa. Homes in the aiea vary with respect to siz al alive ing, Sctiools, recteational faciities, as well as other the Tampa metropolitan area. Support faciities are within cbse proximity, Mal lot employitient centers are located within Market Coriditions (lactuding support tor the above: coactustons) See Attached Addenda Dimensions 106 x 120 Ata_.30 Actes Shape_Rectangular View Residential Zoning Deseription Piannied Development ic Zoning Classilication PDR Zoning Compliance [*} Leal [1] t al Nonconfonming ¢Grandtathered Use) {Wo Zoning {I Negal (describe) is the highest and best use of ae opty a irre (res pope pr san aust We oa Bd Yes Tye” iia, descrite Uuittles "Public Other (desorbe) Public Other (destriba) Ofi-sta improvements - Type Public Private Bectricty Water ky Sted _Asprat Gas None Sanitary Sewer f] Rey None fi FEMA Special Hood ifazard Area _[“T Yes Be] Ho FEMA Rood Zone c FEMA tap # 12006303358 FEMA Map Dale 8/15/1984 [Ave the wdiftfies and otf-stte improvements yptcal (ov th market area?” CT Yes [J Wo _itNo, desctite. : Ate there ary adverse site conditions or extemal taclofs {easéments, encrgachriens: environmental conditions, aduses, eit)? [1 Vés (J Ho if Yes, describe. See atlached addenda. Unts 5d Ove ("] Ore vith Uri ID] Concrate Stab. ‘Gravé Space Foundation Walls oncrete Block/New |Foars, # ol Stories 1 Fu Basement Partial Basement [Exterior Walls Stuceo/New Wats 1¢ PX) Det. (} Att, [J §-Oet End Uni [Basement Area Slab_sqilJRool Surface FibergiassiNew Ty Fcistt visti Proposed |} Under Const] Basement Rash Nia %[Guters & Downspolts Aluminum/New Bath Hoo ¢ Es Design (Gtyle) Ranch Outside EntryExt Sump Pump [Window Type Singte Hung/New [Bath Wattscat CeramiciNew Year Built New JEvidenoa of {"] infestation wa, Storm Sastvinsuated Ingulaled/New Cer Storige Hone Elfective Age (tis}_ New Dai emer Soreetis lnsulated/Yes x] #ofCars TaD Attic Nong leati FWA VB ||} Radiant|/Amenties Wondstove(s) #"" |Ddveway Surface ‘Conetete- DropSar —(_) Stairs Otter Fud Electric Freplace(s) #1 (7) Farce Garg wolcas 2 Foor LX Seutie [Cootng 4 Central Ai Conditioning Pafiofeck Patio (x) Poth Enin Coport__# of Cars Finished C1 Heated (77 trattaas J Other Poot Other At, Det, Buta} nces [_} Retrigeratar fen {_) Dishwasher EX) Microwave _{_] Waste Oteer (desciite) Security System Finished area above grade contains: & Rooms 3 Bedroons 2. Baths) 2,189 _ Square Feet of Gross Living Area Above Grade. Addhional teabres (spectal energy efficiend tems, etc). Insulated windows. Security system. DBesuibe tre cenditon of the property (nawiag needed repr, deeroraion reancdios, eodeing. ac], __No functional or external obsolescence is noted, The Subject is newly constructed home. This report assumes that the lol & buildable ard will be approved by toca! officials. Are there any physical deficiencies ot edvetse conditions thal affect tho Fvabiity, soundness, or Struchyral iiegrty of the property? Cl] es Bx) Wot ¥es, describe Does the property genetally confor to ttre neigbortiogd (iunctional utlity, style, condition, use, construction, ett)? Dove Cite iifto. describe Freddte Mac Form 70 Maich 2005 Page t of 6 Form 1004 — ‘TOTAL tar Windows" appralsat software by & & motte, ino, — 1-800-ALAMODE ADMINISTRA COMPLAINT . EXHIBIT xl a, UE Fannie Mae Form 1004 March 2005 There are 20 compatable properties curently otiaied tor sale ta (ea. SPOS] Pate #8) Gatberg Fla # 512015 to$ 800,000 Uniform Residential Appraisal Report lhe subject neighbiatiood ranging tn price from $ 200,000 There are 20 com FEATURE Address 51 Lone Pine Street Sut sales in the subject nel in sae price ftom $ 200.000 to $ 600.000 COMPARABLE SALE #2 i COMPARABLE SALE € 3 86 Grass Street 11 Foxglove Court fithin the past twelve months ECT 17 Foxgove Cout Homosassa, FL 34446 to Subj Sale Price Homosassa, FL 34446. __{Homosassa, FL 34446 17 mi 4 mle 370,000) 3535! 386,500/23: Homosassa, FL 34446 i st i$ Sate Price/Gross Liv, Area deena ty LESSEE 119.21 Data Source(s) Extefior inspection Verification Sam ce(s} VALUE ADJUSTMENTS Sales or Financing Concessions Gounty Propet DESCRIPTION Conventional Unavailable rabenMls. (-} $ Adj Eve Date of SaiefTime Location [Sugarmil Woads_| Sugarmill Woods 6/4(2005, Su Wooits Fee Simple 30 Acres Fee Simple 82 Acres Fee Simple 28 Actes Residential Residential Rerich Residential Ranch Ranch Stucco Stucco Stucco New § Ss: New 20d, Good. [ey Tote [Barre i Bats 7 “2,548 $9.8 sa NA Functional valty Avera: 4 Heating/Cooing EAICAC ¢ Efficient tems ins. windows, its. ed Forcast earn “2,00013-Gar Attach#a <2.000]8-Cat Atinciha 7 PorotiPatis _{Poreh/ Patio: 3-Car Altact# t PorelPatio FA Pools). ect. la-Ground Pookt 1-Firepboe 10,000! None Pe pt- +2,000|None has { None t 4 Fireplace(s) ed Red Adhistmart (Tota [ S. 17,650) Is 3,630) + 7 ‘Aduisted Sale Price of F if 1_By did [J did not teSearch the sale or transfer 10,0001 n-Graund Poo! + 42.000|None i ca + os 10.590! [T+ 67. fet 29 4 Net 46% Gross 66% 13 359.410] Gross 69 % 1S story ofthe subject roperty and comparable Sales. tot, etahr Wet 1.4% 368,860) Grass 52 %it 336,370) research DX) did [T°] did not reveal ny lr es wastes ot sbjool ope fa ioe yar ro he es Gla NSA. Data Source(s) Public Record My tesearch_[] dt (J did not reveal 20 Peo sales Wales of tha comparable Saas fof the yea porto ta date ol Sale Olli comparable la Data Source(s) Re the testats of the feseatch and ara lysis of (he prior sale of trarister history of the sutject and commsarable sales (report additional prior gales ont page 3), eM SUBJECT COMPARABLE SALE #2 COMPARABLE SALE #3. Dale af Pitor Sata/Transtey No arms length transfars i No arms lengihtransfers Price of Prior Sale/Trahsfer within a thiee year petiod, _ |within.a three year period, Data Source(s) Public Record Public Records Etfective Dateé of Data Sources) 42/7/2005 122008 4272005 Analysts of prior safe or transter tistary of the Subject property and comparable sales Summary of Sales Comparison Approach The Sales Comparison Analysis. indicated an adjusted value range of $336,370 to $368,850. Al sales. ate taker re consitered retabis. indicators of value in you appraiser's opinion. Due to lack of more recent sim#ar recorded from similar neighborhoods and ai sailgs of hew ranch homes in the subjéct’s immediate are ea within a 6 month irerisfer period, your a has expanded the search pargmet beyond the desked 6 months for those sales, which mo: st closely share stmitar ivabilly, markelabildy, siza and overall utiily, so.as to compare the closest buyer altematives, After a in extensive search of the jarables chosen are considered to be Subject's and surrounding markets areas, the comp: | appropriate indicators of vale. Indicated Valve by Sales ison roach $ 368,000 income Approach (if developed) $ Indicated Value by: Sates Comparison Approach $ 368,000 Cost Approach (f developed} $$ 296051 GRM Analysis is not employed due to the fack of rental sales, Tha Gost Approach and the Sales Spproaches used ih estimating the value of the hypothetical dwefing . Thls appraisaf is made ("] "ass", Ba) subject to ‘completion per completed, [] subject to the following repairs or alterations h Joking rogues inspection basat on te exranrdhaty assupior at he condton or dete does no ee staan oc rep Based on « complete viounl inepection of the inferior end exiotior areas of the aumjeek , Gefined scone of work statement of assumptions con of ditions, end eppraicer’s certification, my (out) opinion of the warket value, as definad, af ‘eal property that is the subjed of this report Is $368,000 __,asof__ Decemibér 7, 2005 which f the date of fon end the effective date of this 4 L. Fannie Mae Fotm 1004 March 2005 Freddie Mac Form 70 March 2005 Page 2 of 6 Comparkon Analysis are the primary + ee atiached addenda, and Erelting Forin 1004 —~ “TOTAL for Windows" appraisal soitware by a'la mode, Ino, —1-800-ALAMODE ADM RATIVE © EXHIBIT tt. = . OF OMPLAINT. 4 Garberg ort Fla # 512015 ortgade lending purposes of CTX Morigage Company LLG, This is a compete appraisal summary report, This report has been prepated for me {tis nol intended for use by other parties, Electronic signatures are utiized mn this, fepor. The Uniform Standards of Professional Appraisal practice and thé Appraisal Standards Board state. that electronically affixing a signature to a Jeport carries the same level of authenticky and fesponsibiity 4s an irk signatufe on A papet copy tepott the term written records includes information stored on electronic, magnetié ar other inedia), All electrons signattires in this réport have 4 secur feature maintained by indivkiual passwords for each appraiser. No Person can alter the appraisal wt the exception of the original si gning appraiser. Information was verified whan possible thrdugh public records, mul-isting seivicés, real astate agents and éiterlor inspections, This thefuded verttcation that the comparables are actually closed sales and the transactions are arms tength No veriféa tori technique is always accurate, but the appraiser has made the assumption (hat all data is accurate 'aé reported. Variances wal occur from Hm fo time on the indicated sizas oF comparables shown in MLS services of isting pages. f ths elre used inthe MLS sheets does not correlate wih the othar known data, She appraiser May use other methods to determine the size of the comparables. These include assessors sheets, physical inspection and use of interior teom measurements along with a multiplier to depict size based on exteriof measufements. The deviation of the eomparable size from published sizes only indicated an attempt at higher accuracy in the report. There are times that the exact size'and Features found in comparables can.not be vision phigh. en tines. Ihboring Land sales end listings within the subject. é been not been calculated Into the basic site value. 2187 SOLOS 468 REE ising the “average” tables. Alltime ang location modifiers are used ¢ appropriate. All depreciation is the appraiser's best estimate-supported by the modified age/life method. See the sketch for square foot calcufations. = NA X Gross Rant ktllchir By Sunrnary of fncoms Approach (including support (or market ax and GRIM) aga Name of Prot Oak Vitage _ Total menber of phases 1 Total number of units 3200 Tefal number of mits sd 1400 Fo] Total purr of units roxied Total number of units for sala NUA Data sourte(s)_Gak Vilage BS Was the project created by the conversion of sisting building(s) ito a PUD? [J Yes 2] No_Hf Yas, date of conversion, Fe] Doos the project contain aniy mutt dieing ats? ["] Yes [x} No Data Sowrce “Oak Vilage £4 Are the wits, comndn demenis, and recreation tices Gompiete? EX) Yes_[] Ro_it No, desorbve fa status.of completion, Are the comirtan elemerts leased to or by the Homeowners’ Assoclation? ies IX] No {Yés. desctibe tha rental tames and options. Describe common starients and recreational facilites. Common gresnspace Freddie Mac Fon! 70 March 2005 Page Sore Fanaie Mae Form 1004 March 2005 Farm 1004 — “TOTAL far Windows" ‘appraisal software by a la mode, ine. cone BACE UNINISTRAT IVE COMPLAINT a exuipir eo) fk OS Garberg Fla # 512015 Uniform Residential Appraisal Renort This report form is designed to report an appraisal of 2 one-untt property or a one-unit roperty with ah accessory unit: including a unit in a planned unit development (PUD). This report ‘om ts not designed ta report an appraisal of 2 manufactured home or a unit ia a condominium of Cooperative project. definition of market value, Statemnent of assumptions and limiting conditions, and cettificatians. Modifications, additions, or daledons to the intended use, Intended user, definition of market value, or assumptions and limiting conditions are nat pennitted. The appraiser may expand the scope of work to include any additional research or analysis necessary based onthe complexity of thls appraisal Feparting requirements of thi assumptions and limiting conditions, and certifications. -The appraiser tust, at a minimum: (1) perform a complete visual Inspection of thé interior and exterlot areas of the subject propeity, (2) Inspect.thé neighbortiood, (3) inspect each df the Comparable sates from at least the street, (4) research, verify, and analyze: data from reliable public and/or private sources, and (5) report his or her analysis, opinions, and conclusions ih this appraisal report. INTENDED USE: The intended use of this appraisal report.ts for the lender/olient to evaluate’ the property that Is the Subject of this appraisal for a mottgage finance transaction. . INTENDED USER: The Intended user of this appraisal report is the lender/cttent. ‘ , wn | rast; (3) a reasonable time Is allowed tor exposure In the open market; (4) payment Is made in terms of cash in U, §. dollars or in tens of financial arrangements comparable thereto; and (5) the price represents the netal
Source:  Florida - Division of Administrative Hearings

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