Wednesday, March 14, 2012

Remembering Jon

In honor of my nephew, Jon, this a repeat of a post from March 15, 2010. We think of you every day.

It's a sad day in the Appraiser Active family. My nephew, Jonathan Porto, a Marine, was killed yesterday in a non-combat accident in Afghanistan, near Marjah. My sister, Rachel, his mother, Jon's wife, Rachel Jewell Porto, and their two month old daughter, Ariana, could use your prayers. Jon was 26.

The Hillsborough County Sheriff's Office provided an escort for the motorcade from MacDill Air Force Base to St. Petersburg. The Tampa Bay Community showed their respect for Cpl Jonathan Porto.

Barbara Guzzon had produced the first segment of a tribute video.

Cpl. Jonathan D. Porto - "Bringing Him Home" from DiamondFilms on Vimeo.

Monday, March 12, 2012

Two Bills With Appraisal Implications: To Governor's Desk

The regular session of the 2012 Florida Legislature wound up on March 9th. Hundreds of bills were considered, but the papers and news sites spent their time watching the usual subjects. Appraiser Active watched several bills with important amendments to Chapter 475, Part II, and implications for Florida Appraisers. After winding their way through committee meetings, analysis by staff, negotiation and amendments, two bills with significant amendments to Chapter 475, Part II were passed by the Florida House and Senate; HB 517 and HB 887. Both are headed to Governor Scott for his signature.

Here are the highlights. 

Probably the most important is the amendment to 475.6245 Discipline of appraisal management companies. Included among the grounds for discipline is this language:
(v) Has required or attempted to require an appraiser to sign any indemnification agreement that would require the appraiser to hold harmless the appraisal management company or its owners, agents, employees, or independent contractors from any liability, damage, loss, or claim arising from the services performed by the appraisal management company or its owners, agents, employees, or independent contractors and not the services performed by the appraiser.
Both HB 517 and HB 887 revise the definition of appraisal management company and appraisal management services.
(c) "Appraisal management company" means a person who performs appraisal management services regardless of the use of the term "appraisal management company," "appraiser cooperative," "appraiser portal," "mortgage technology company," or other term. (d) "Appraisal management services" means the coordination or management of appraisal services for compensation by: 1. Employing, contracting with, or otherwise retaining one or more licensed or certified appraisers to perform appraisal 370 services for a client; or 2. Acting as a broker or intermediary between a client and one or more licensed or certified appraisers to facilitate the client's employing, contracting with, or otherwise retaining the appraisers.
The term "subsidiary" is defined with respect to the relationship between appraisal management companies and banking entities.
(t) "Subsidiary" means an organization that is owned and controlled by a financial institution that is regulated by a federal financial institution regulatory agency.
To comply with the Dodd-Frank Act, an exemption was created for appraisal management companies owned and controlled by a federally regulated financial institution.

Additional amendments require the Florida Real Estate Appraisal Board to adopt standards of practice that "meet or exceed nationally recognized standards of appraisal practice, including standards adopted by the Appraisal Standards Board of the Appraisal Foundation.

Applicants for appraiser registration, certification, or registration as an appraisal management companies must sign a pledge indicating that upon becoming registered or certified, she or he will comply with the standards of professional practice established by rule of the board, including standards for the development or communication of a real estate appraisal.

If signed by the Governor, HB 517 has an effective date of July 1, 2012, and HB 887 will be effective October 1, 2012. Afterwards, the FREAB will certainly be busy working on rules to implement the new provisions.

Monday, March 5, 2012

Security One Update! UPDATED!! UPDATED AGAIN! 08-11/2014

It's been well over two years since the last update on the actions of Security One Valuation Services. Although it would be nice to be able to offer news concerning payments on unpaid invoices, offers of settlement, or attempts to make good on outstanding debt, some may enjoy the news at this link.

UPDATE: Nastygrams are not entertaining. When they are followed up with ominous, anonymous telephone calls, the entertainment factor is even less.  

An email, purportedly from Todd Barfield, reads as follows:

Please be advised you are hereby notified the record you have posted was ordered sealed by the Court. As a result,  the dissemination of sealed confidential information by you, Frank Gregoire as well as the entities listed below are in violation of §943.059,  Florida Statutes. Perhaps you should have kept up your site as you indicate "As details are provided, we will update". However, due to your negligence in updating, confidential information is being disseminated on a public forum. Consequently, anyone individually or authorized individuals concerning the entities as named below involved in any manner whatsoever with Appraiser Active  are now exposed to criminal s well as civil damages due to said dissemination of confidential records. The link you are directing your audience to will paint the picture more clearly as it states "Not Found" however your site tells a different story than information accessible to the public and is apparently in violation of, at a minimum, laws of The State of Florida.
Pursuant §943.059  A criminal history record of a minor or an adult which is ordered sealed by a court pursuant to this section is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.... Any person who violates the provisions of this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
I expect you will immediately remove said information from your site and cease and desist the dissemination of such information in accordance with applicable laws. You are hereby commanded to immediately remove all contents of said file (example attached). If said file is not removed immediately (within 24 hours)  I intend to initiate legal action as well as report said violation to the authorities concerning Frank Gregoire individually, Gregoire & Gregoire, Inc. and Appraiser Active etal.
Your immediate attention to this matter is necessary.

Rather than deal with this individual, I have decided to alter the post. If interested, you all may research his history at THIS LINK. Life is too short to deal with this nonsense. Find someone else to threaten. 

At this point, the circumstances surrounding the arrest are not available, but the charges are certainly interesting:

  • omitted 
  • omitted
  • omitted
As details are provided, we will update.

UPDATE: March 12, 2012. For those with an interest, here is part of the            report.