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We Make a Simple Pledge to
Communicate, in a timely Fashion, each appraisal, analysis, and opinion without bias or partiality
Abstain from behavior that is deleterious to our clients, the appraisal profession, and the public
Hold paramount the confidential nature of the appraiser/consultant - client relationship
Comply with the requirements of the Uniform Standards of Professional Appraisal Practice and the Code of Professional Ethics of the National Society of Real Estate Appraisers
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Commercial Appraiser and Real Estate Consultant, Los Angeles, California
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Copyright 2005, 2006 All Rights Reserved No portion of this page, text, images or code, may be copied, reproduced, published or distributed in any medium without the expressed written permission of the copyright holder. Commercial Appraiser and Real Estate Consultant. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
The Harris Company, Real Estate Appraiser / Consultant 5780 West Centinela Avenue, Building 1, Suite 408 Los Angeles, California 90045 310.337.1973 firstname.lastname@example.org
The Magnitude of Random Appraisal Error in Commercial Real Estate Valuation Author: Richard A. Graff and Michael S. Young Start Page: 33 End Page: 54 Volume: 17 Issue Number: 1 Year: 1999 Publication: Journal of Real Estate Research Abstract: Analysis of more than seven hundred pairs of simultaneous independent appraisals of institutional-grade commercial properties shows that the standard deviation of the random component of appraisal error is approximately 2%. Random appraisal error appears constant across both time and the institutional-grade investment universe, except during infrequent periods of real estate market gridlock. Most appraisal error is deterministic in nature, even though it usually appears random in routine cross-sectional analysis. Such appraisal error can be constrained and reduced by investment management control systems.
Random Disaggregate Appraisal Error in Commercial Property: Evidence from the Russell-NCREIF Database Author: David M. Geltner, Richard A. Graff, and Michael S. Young Start Page: 403 End Page: 420 Volume: 9 Issue Number: 4 Year: 1994 Publication: Journal of Real Estate Research Abstract: This paper examines the magnitude of random disaggregate appraisal valuation error in institutional-grade commercial property. Unlike previous transactions-based studies of appraisal error, we use a much larger database that is not restricted to sold properties, and we employ a methodology that focuses on appraisal error rather than the difference between transaction price and previous appraised value. Our model gives a point estimate of 11.07% for the standard error of appraisals in the Russell-NCREIF database, with a robust range of 6% to 13%.
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Michigan Registers of Deeds Win Court Battle Over Copies Jarrod A. Clabaugh , Source of Title Reprinted with permission Four title insurance companies recently filed a lawsuit against the registers of deeds in five Michigan counties after they were informed they could no longer resell the bulk data sets they purchased at discount prices from the counties. The five Michigan counties named in the suit were Eaton, Lapeer, Newaygo, Saginaw and Tuscola. The title companies alleged that the registers’ actions violated several laws including the Sherman Antitrust Act, the Due Process and Equal Protection Clauses, and one Michigan law that prohibits county registers from maintaining systems of abstracts of title. The title companies who brought the suit were: First American Title, Chicago Title, Lawyers Title and Transnation Title.
Appraisal smoothing has been widely accepted as an important factor to consider when analyzing real estate returns using appraisal-based data. In this paper, we demonstrate that the general applicability of the appraisal-smoothing arguments developed so far in the literature is limited by the assumptions upon which the arguments are based. We further show that the use of appraisal-based data can result in a higher (not lower) variance than that of true returns. Given this, it might be more fruitful to analyze the unique characteristics of real estate markets as possible explanations for the seemingly low variance observed in appraisal-based (or transaction-based) return indexes
Real Estate Information Technology Editor Sofia V. Dermisi Roosevelt University Walter E. Heller College of Business Administration 430 S. Michigan Ave. Chicago, IL 60605 email@example.com This section advances the frontiers of Real Estate Information Technology. This is a forum for discussion on how technology is changing: (1) real estate and land economics research and education; (2) forecasting; (3) real estate practice; and (4) real estate itself, including issues and problems associated with the adoption of new technology. Annotations of data from public and private sources available via the Internet are also published in this section, as well as in-depth software and data reviews. Articles must be relevant to both collegiate scholars and practitioners. Manuscripts must be rigorous since they will receive anonymous peer review. Email manuscripts and data annotations should be sent to the editor.
Texas Chemical Company Pays $23.4 Million to Clean Up Toxic Site By RITA CICERO, Andrews Publications Staff Writer Houston-based EPEC Polymers Inc. has agreed to a settlement of more than $23.4 million in connection with the cleanup of a Texas Superfund site contaminated with lead and petrochemicals. The company will perform the remaining cleanup work at the Turtle Bayou site at an estimated cost of $13.4 million, according to a consent decree filed in the U.S. District Court for the Eastern District of Texas.
Ninth Circuit Affirms Lower Court Decision to Invalidate Biological Opinion for Management of the Columbia River System By Paul S. Weiland and Robert D. Thornton On April 9, 2007, the United States Court of Appeals for the Ninth Circuit issued a decision that will impede, if not foreclose, many activities that affect species listed under the Endangered Species Act (ESA). The Ninth Circuit affirmed the decision of the United States District Court for the District of Oregon invalidating the biological opinion issued by the National Marine Fisheries Service (NMFS) under section 7 of the Endangered Species Act (ESA) for the management of the Columbia River system. National Wildlife Federation v. National Marine Fisheries Service, No. 06- 35011 (9th Cir. April 9, 2007). The decision will have impacts on a wide variety of activities throughout California and the west. It has major implications for California's water supply and existing and proposed regional habitat plans.
Court Rules That Water Right Restrictions To Protect Fish Habitat Did Not Constitute A Taking By Alfred E. Smith, II In a decision entered on March 29, 2007, the United States Court of Federal Claims ruled that the government need not pay compensation to a water district for restrictions on water diversions to protect endangered species. Casitas Municipal Water District v. United States, Case No. 05-168L ("Casitas"). The case involved a municipal water district that built a fish ladder and other improvements to assist the passage of endangered steelhead trout at the Robles Diversion Dam located on the Ventura River. The water district argued that restrictions imposed by the U.S. amounted to a taking of property thereby triggering the Constitution's just compensation requirement because the restrictions required the district to forego the exercise of a right to divert approximately 3,200 acre-feet of water per year for irrigation purposes. The water district pointed out that water is a unique asset, the value of which is tied exclusively to its use, and when its use is restricted or denied, all value is lost.
Appraisers' Valuations for Tax Filings Come Under Microscope With New Law By Arden Dale Word Count: 446 It may soon become trickier to get an item appraised for tax purposes. The Pension Protection Act, passed in August, puts appraisers in the sights of the Internal Revenue Service by saying they can be penalized for valuations the agency later decides are off the mark. The move marks a big change because taxpayers, not appraisers, historically have borne the brunt of a wrong valuation. One result: The cost of getting something appraised may well rise. Appraisals are used for a number of purposes in tax filings. For instance, noncash ...
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Appraisers' Valuations for Tax Filings Come Under Microscope With New Law By Arden Dale Word Count: 446 It may soon become trickier to get an item appraised for tax purposes. The Pension Protection Act, passed in August, puts appraisers in the sights of the Internal Revenue Service by saying they can be penalized for valuations the agency later decides are off the mark. The move marks a big change because taxpayers, not appraisers, historically have borne the brunt of a wrong valuation. One result: The cost of getting something appraised may well rise. Appraisals are used for a number of purposes in tax filings. For instance, noncash ... • THE FULL WSJ.com ARTICLE IS ONLY AVAILABLE TO SUBSCRIBERS.• IF YOU
Expansion Continues In spite of cautious economic forecasts, unexpectedly robust job growth fuels all property types in 2007
Federal Rules of Evidence main page search |vidence overview Contents & Context These rules govern the introduction of evidence in proceedings, both civil and criminal, in Federal courts. While they do not apply to suits in state courts, the rules of many states have been closely modeled on these provisions. real estate appraisal los angeles real estate appraiser los angeles
The Los Angeles Regional Board's Basin Plan is designed to preserve and enhance water quality and protect the beneficial uses of all regional waters. Specifically, the Basin Plan (i) designates beneficial uses for surface and ground waters, (ii) sets narrative and numerical objectives that must be attained or maintained to protect the designated beneficial uses and conform to the state's antidegradation policy, and (iii) describes implementation programs to protect all waters in the Region. In addition, the Basin Plan incorporates (by reference) all applicable State and Regional Board plans and policies and other pertinent water quality policies and regulations. Those of other agencies are referenced in appropriate sections throughout the Basin Plan. The Basin Plan is a resource for the Regional Board and others who use water and/or discharge wastewater in the Los Angeles Region. Other agencies and organizations involved in environmental permitting and resource management activities also use the Basin Plan. Finally the Basin Plan provides valuable information to the public about local water quality issues.
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Guide to Underwriting with DU® The Guide to Underwriting with DU® is a reference manual for underwriting conventional conforming loans with DU. The Guide identifies specific characteristics in the loan application and credit report that DU uses to evaluate risk and provide underwriting recommendations for conventional loans that are eligible for sale to Fannie Mae. The Guide provides detailed information for complete and accurate submission of conventional conforming loans to DU. Note: Depending on the speed of your Internet connection, it might take several seconds or minutes to open this file in your Web browser. Instead, you might want to save the file to your computer before viewing the file. To save the file, right click the Guide link and select "Save Target As." January 2007 Guide
State Water Resources Control Board Releases Draft General Construction Permit - Proposes Incorporation of Numeric Effluent Limits, Action Levels and Hydromodification Control Requirements by Mary Lynn Coffee and Melissa A. Poole Late last week the State Water Resources Control Board ("State Board") released for public review the much anticipated Draft General Construction Permit, which is up for reissuance by the State Board this year. To view, please click here. The General Construction Permit applies to virtually all construction activities that result in soil disturbance of one acre or more, and according to State Board member Arthur Baggett, will be a precedent for other industry-specific construction and stormwater permits, such as the Caltrans permit, also due for renewal this year. Public workshops on the draft permit are planned for April in Northern and Southern California; however, dates have not yet been set. Further information about the date and location of the workshops, and the submittal of comments on the Draft General Construction Permit is expected to be posted on the State Board website by March .
January 28, 2007 Real Estate Appraisals and Copyrighting Facts posted by Eric Goldman As reported by the Washington Post, an interesting intellectual property dispute is brewing in the real estate appraisal business. On one side are traditional real estate appraisers, who charge several hundred dollars for an appraisal that typically involves an onsite inspection. On the other side are online appraisal services that, relying on their databases and some algorithms, offer lenders an instantaneous appraisal at a small fraction of the cost. The traditional appraisers are upset because the online services may be extracting information from their appraisals and using that information to improve their databases (and thus the accuracy of their online appraisals). Taken to its logical extreme, as online appraisers get better databases by capturing data from the traditional appraisers’ inspections, traditional appraisers will destroy their own industry. Not surprisingly, the traditional appraisers are looking for ways to preserve their market niche, and intellectual property doctrines can be great tools to hinder marketplace competition. So the WaPo article mentions that the traditional appraisers are considering their copyrights in their appraisals. After all, traditional appraisers put in their sweat of the brow, so shouldn’t they be rewarded? (The article provides some good quotes reflecting this paradigm). We know how this argument goes. Copyright doesn’t protect the labor invested to generate facts. Appraisers probably can copyright the report in its entirety, and they may even be able to copyright their specific price estimate (see, e.g., CDN v. Kapes), but there should be no way for appraisers or anyone else to obtain copyright protection for a home’s basic specifications (e.g., square footage, age, number of rooms). As a result, copyright law does not provide appraisers with any effective way to restrict online databases from extracting facts from their reports. Thus, if traditional appraisers are looking for a tool to restrict competition from online factual databases, copyright law may not be very helpful.
The Wisconsin Court of Appeals has ruled that MLS subsidiary WIREdata may obtain property assessment records maintained by the local county authorities under Wisconsin’s Open Records Law. The purpose of these and other sunshine laws is to allow the public access to government held data, which is copyright free under the law. The Court ordered the local recordkeepers to transfer the data (input by appraisers) from its computer databases, apparently without charge to WIREdata. Whether computer stored or on “property report cards”, the data is still public, said the Court, so hand it over. Extracting the “raw data” did not violate copyright laws.
WIREdata’s request was initially approved by the municipalities on condition it pony up $6,600 in programming and other fees. WIREdata refused to pay and sued. This was a “denial” under the law, said the Court of Appeals, overruling the lower court. real estate appraisal los angeles
A Conservation Easement Appraisal Guide Page 2 INTRODUCTION By most measures, the past several years have been banner years for conservation easement activity throughout the State of Colorado. This is due in large part to the financial incentives designed into Colorado's unique state income tax credit for conservation easement donations. This program, along with other conservation programs such as Great Outdoors Colorado (GOCO) or the federal income tax benefits, has helped Colorado's landowners and conservation entities to protect many of Colorado's most cherished landscapes. All of this activity has greatly benefited Colorado's residents and visitors alike. With this increase in easement activity has come an increased scrutiny of conservation easement valuations. While easement deals and easement donors vary dramatically, if landowner's intend to make a charitable contribution and take advantage of the federal and state tax benefits, the conservation easement's value must be substantiated by a qualified easement appraisal that determines its fair market value. The appraisal is also the single item that can come under the closest scrutiny from the IRS, the Colorado Department of Revenue, conservation funders or potential brokers and buyers of tax credits. Therefore, it is absolutely critical that easement appraisals be done by qualified appraisers who thoroughly understand the very complicated process of valuing a conservation easement.
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TO: All Interested Parties FROM: Gregory J. Accetta, Chair Appraisal Standards Board RE: Results of the Concept Paper on the Reporting Requirements of the Uniform Standards of Professional Appraisal Practice and Future Course of Action DATE: January 25, 2007 On July 15, 2006, the Appraisal Standards Board (ASB) issued a Concept Paper to solicit comment on the reporting requirements of the Uniform Standards of Professional Appraisal Practice (USPAP). This was the initial step in reviewing the current reporting requirements in USPAP. The purpose of this communication is to summarize the responses to that Concept Paper and discuss a potential course of action. As defined in USPAP, reporting is not an aspect of an appraiser’s scope of work. However, throughout the ASB’s recent examination of the role of scope of work in the development process, the ASB received comments and questions related to reporting. Based on the feedback received, it appears that some appraisers and users of appraisal services question whether or not the reporting Standards offer the same degree of flexibility as the development Standards.
Board: No favoritism in appraisal Rockwall County: Resident said top appraiser gave ex-official value break 06:01 AM CST on Friday, February 23, 2007 By IAN McCANN / The Dallas Morning News firstname.lastname@example.org The state board that oversees appraisal districts has dismissed a complaint alleging that the Rockwall County district gave former County Judge Bill Bell favorable treatment in setting his home's taxable value. Dave Montoya, executive director of the Texas Board of Tax Professional Examiners, said Thursday that there was a lack of evidence to support county resident James Merkel's allegation against chief appraiser Ray Helm.
BOMA International Launches The G.R.E.E.N. Web Site One-Stop Energy and Environment Resource Now Available to Commercial Real Estate Professionals
(WASHINGTON, DC-February 27, 2007) The Building Owners and Managers Association (BOMA) International today launched The Green Resource Energy and Environment Network (G.R.E.E.N.) viewable at www.boma.org/green. The G.R.E.E.N. offers commercial real estate professionals one-stop shopping for valuable information on sustainability issues, ranging from BOMA’s advocacy policy positions to state and local legislative initiatives to case studies to education offerings such as the BOMA Energy Efficiency Program (BEEP). The G.R.E.E.N. is a constantly evolving site that highlights industry best practices; reports on the latest trends, solutions and educational practices; and keeps industry professionals updated on advocacy and code development. The G.R.E.E.N. also provides information on other industry programs and resources. real estate appraiser los angeles
Jury says DOT appraisal was off By STEPHEN GURR The Times -------------------------------------------------------------------------------- A Hall County jury decided that the Georgia Department of Transportation offered a landowner $2.2 million less than it should have for a tract of land it condemned for an interchange improvement. The jury sided with Gwinnett County developer Milton Bowen, the brother of DOT board member Rudy Bowen, in setting a price of $3.5 million for 14.9 undeveloped acres at U.S. 129 near the Interstate 985 interchange. The DOT had appraised the land at $1.3 million. Bowen's attorney, Frank Armstrong, asked the jury to consider a price of $6.7 million.
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Copyright Appraiser Takes on AVMs by David Brauner, Editor Tim Vining, is at it again. Vining is the appraiser who made national news by filing the first appraisal copyright infringement lawsuit- and collecting. This time he is challenging the legitimacy of AMVs to do valuations in his home state of Washington, where qualification standards are required for those who perform real estate valuations. (Washington Real Estate Appraiser Act- INTENT: (1) “It is the intent of the legislature that only individuals who meet and maintain minimum standards of competence and conduct established under this chapter for certified, licensed, or registered real estate appraisers may provide real estate appraisal services to the public.”) Vining also wonders whether AVMs that extract appraiser’s data are in conflict with federal privacy legislation, particularly the Gramm-Leach-Bliley Act (GLB). (story continues below)
Ninth Circuit Requires Service to Quantify Take of Listed Species it Authorizes or Demonstrate Why Quantification is Impracticable In an opinion that raises the bar for issuance of incidental take statements (ITS) issued under Section 7 of the federal Endangered Species Act (ESA) (16 U.S.C. § 1536), the Ninth Circuit Court of Appeals invalidated an ITS for failing to specify conditions under which reinitiation of consultation would be triggered. Oregon Natural Resources Council v. Allen, No. 05-35830 (9th Cir. Feb. 16, 2007). Furthermore, although the court did not go so far as to require the U.S. Fish and Wildlife Sercive (Service) to specify numeric limits on individual members of listed fish and wildlife species killed or harmed (“taken”) in all ITSs, it did express a strong preference for such numeric limits, rebuking the Service for issuing an ITS “without explaining why such a limit is impracticable to obtain and employ.”
Office of Affordable Housing Preservation (OAHP) Housing subsidy contracts are expiring on thousands of privately owned multifamily properties with federally insured mortgages. Many of these contracts set rents at amounts higher than those of the local market. As these subsidy contracts expire, the Mark-to-Market program will reduce rents to market levels and will restructure existing debt to levels supportable by these rents. The Office of Multifamily Housing Assistance Restructuring (OMHAR) was established by the Multifamily Assisted Housing Reform and Affordability Act of 1997 (MAHRA) to administer the Mark-to-Market program until sunset on September 30, 2004. The Department of Housing and Urban Development (HUD) has established a new office, the Office of Affordable Housing Preservation (OAHP) effective October 1, 2004. The Office of Affordable Housing Preservation was established to assure the smooth continuation of the Mark to Market program (M2M) utilizing authorities that continue after the legislative sunset of OMHAR on September 30, 2004. OAHP will also provide assistance to affordable housing areas in the oversight and preservation of a wide spectrum of affordable housing programs. OAHP will be charged with important projects and programs while continuing the success of the M2M program. OAHP will continue to work with property owners, Participating Administrative Entities (PAEs), tenants, lenders, and others with a stake in the future of affordable housing. -------------------------------------------------------------------------------- OAHP Website Map Now Available! OAHP realizes there are many websites with a lot of different web pages and documentation and it can be frustrating trying to find the web page and/or document that will fit the viewers need. To help alleviate this problem on OAHP's website, a new web page is now available to assist its viewers in locating the most commonly used web pages and documents relating to OAHP and the Mark-to-Market Program. To view the listing go to the OAHP Site Map web page.
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Welcome to the Appraisal Subcommittee (ASC) The Appraisal Subcommittee of the Federal Financial Institutions Examination Council - ASC - welcomes you to its NEW, UPDATED Web site. To learn more about its new features, please click here. We hope that you find our Web site easy to use and full of comprehensive information about the Federal oversight system regarding licensed or certified real estate appraisers. To navigate this site: select a blue primary "tab" at top of your screen. After selecting a primary tab, a row of yellow secondary tabs will appear under the primary tab, which now will be yellow. Select the secondary tab that identifies your area of interest. To receive automated email notifications about the status (active or expired) and disciplinary actions (revocations, suspensions, and surrenders) regarding appraisers on the National Registry, click here. If you would like to ask a specific question about the ASC or request information, advice, or other data that is not available on this Web site, please contact us by: U.S. Mail at 2000 K Street, N.W., Suite 310; Washington, D.C. 20006; E-mail to ASC Staff at these e-mail addresses; Calling us at 202-293-6250; or Faxing us at 202-293-6251.
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RCA Report-Value outside the box Commercial owners and managers have long spiffed up the lobby, added a few amenities, and upped the rents to increase asset value. But adding value can be more than a new lobby or even a complete change of use. Here are three creative solutions to adding value outside the box.
Construction Calculators Lowe’s For Pros offers a wide range of construction calculators, from insulation to concrete calculators, that provide not only materials estimates, but man-hours estimates as well. Take the guesswork out of your next job and start using Lowe’s For Pros construction calculators now. Simply click on any link below to begin Insulation Calculators Blown-in Insulation R-Value Rolled Insulation man-hours included! Concrete Calculators Concrete Grade Beams man-hours included! Concrete Footings man-hours included! Concrete Holes & Pillars man-hours included! Concrete Slabs man-hours included! Concrete Walls man-hours included! Concrete Footings (non-continuous) man-hours included! Concrete Haunches man-hours included! Flooring Calculators Carpet Flooring man-hours included! Resilient Flooring man-hours included! Tile Flooring man-hours included! Wood Flooring man-hours included! Wall Coverings Calculators Paint man-hours included! Wallpaper man-hours included! Beam Calculator Rafter Stock Size Siding Calculators Siding Squares Siding Planks Siding Panels
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Land use From Wex, everyone's resource for law learning Table of contents [showhide] 1 land use law: an overview 2 menu of sources 2.1 Federal Material 2.1.1 U.S. Constitution 2.1.2 Federal Statutes 2.1.3 Federal Regulations 2.1.4 Federal Judicial Decisions 2.2 State Material 2.2.1 State Statutes 2.2.2 Judicial Decisions 2.3 Other References 2.3.1 Key Internet Sources 2.3.2 Useful Offnet (or Subscription - $) Sources 3 other topics land use law: an overview In colonial America few regulations existed on the use of land due to the seemingly endless amounts of it. As society shifted from a rural to an urban society, public land regulation became important especially to city governments trying to control industry, commerce, and housing within its boundaries. The first zoning ordinance was passed in New York City in 1916 and by the 1930s, most states had adopted zoning laws. By the 1970s, concerns about the environment and historic preservation led to further regulation. Today, federal, state, and local governments regulate growth and development through statutory law. The majority of controls on land, however, stem from actions of private developers and individuals. Three typical situations involving such private entities and the court system are: suits brought by one neighbor against another; suits brought by a public official against a neighboring landowner on behalf of the public; and suits involving individuals who share ownership of a particular parcel of land. In these settings judicial determination and enforcement of private land-use arrangements can not only reinforce public regulation but achieve forms and levels of control zoning cannot.
AMERICAN PLANNING ASSOCIATION Planning Acronyms and Abbreviations A List of Generic Terms and Organization Titles About the American Planning Association The need for planners to shape a community vision has never been greater. The American Planning Association brings together thousands of people — practicing planners, citizens, elected officials — committed to making great communities happen. APA is a nonprofit public interest and research organization committed to urban, suburban, regional, and rural planning. APA and its professional institute, the
American Institute of Certified Planners, advance the art and science of planning to meet the needs of people and society.
Parole. L A thesaraus of modern concepts in urban development. For each there is a definition, bibliography and its source publication.
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This is the single largest, comprehensive, exhaustive and current listing of urban planning websites on the Internet. The webmaster for About Planning has been the "urban planning" category editor for two (2) of the three (3) largest Internet directories. Each directory maintains over 2 million websites. Once you have checked out the 300 sites here, you won't need to visit another directory again. The editor constantly updates this site and reviews each site carefully for planning content, relevance and functionality. The About Planning editor has some favorites ( J ), least favorites ( L ) and indifference ( K ). CA Appraiser,
Convert v4.10 Convert is a useful utility program to convert English and Metric units for a large number of engineering and scientific factors. You can even make custom conversions tailored to your needs - great for estimators! We recommend downloading the file directly onto your desktop for easy access. Convert is Freeware that works in Windows 95 and 98. <Size: 153 kb; Download time: 0 min. 21 sec. on 56 Kbps modem>
Introduction Noise pollution is not a new issue. It has been around since the beginning of transportation, and its roots closely parallel that of transportation development itself. In the beginning, animal hooves and people were the primary noise sources, but they were eventu-ally replaced by the clickety clank of iron wheels on cobblestone and block roads. This problem resulted in the first documented noise regulation.
ADMINISTRATIVE LAW, CONSTITUTIONAL LAW, EDUCATION LAW, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE Mt. San Jacinto Cmty. College Dist. v. Superior Court of Riverside County, No. S132251 (Cal. February 22, 2007) In the context of "quick-take" eminent domain actions and deposits of probable compensation by the condemner: 1) a statutory date of property valuation, that occurs at the time probable compensation is deposited, is constitutional; and 2) a requirement of a waiver of claims and defenses for receipt of deposited probable compensation is also constitutional. [To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.findlaw. com/data2/californiastatecases/s132251.doc [To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp. findlaw.com/data2/californiastatecases/s132251.pdf. CA Appraiser,
The Forest Service appraisal review system is designed to protect the appraiser, the line officer, and the public by providing an independent, technical analysis of the adequacy of real property appraisal reports in compliance with the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) and the Uniform Standards of Professional Appraisal Practice (USPAP). 70.2 – Objectives The Forest Service appraisal review system is designed to: 1. Approve reasonable and accurate value estimate(s) supported by facts and analyses for use in real property actions. 2. Maintain acceptable quality of appraisal reports by ensuring that: a. The appraisal process complies with UASFLA, USPAP, with applicable Federal law, Departmental regulations, and Forest Service policy. b. The appraisal approaches and techniques have been properly developed without error or omission. c. In partial acquisitions, the appraisal does not include noncompensable items, and all compensable items have been considered. d. Contract appraisals comply with contract specifications. e. The reviews which critique an appraiser's work are used to advise the appraiser of the level of performance required and that being performed. Appraisal review permits monitoring of the overall Regional or National appraisal program. f. There are annual compliance reviews of all staff appraisers.
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LETTER OPINION 2002-L-41 July 12, 2002 Mr. John Warcup Assistant City Attorney City of Grand Forks PO Box 12909 Grand Forks, ND 58208-2909 Dear Mr. Warcup: Thank you for your letter asking whether a copy of an appraisal of real property requested by the landowner is an open record under N.D.C.C. § 44-04-18. The City of Grand Forks (City) is acquiring property to construct the Grand Forks Flood Protection Project. This is a joint project between the Corps of Engineers (Corps), the city of East Grand Forks, Minnesota, and the City, with the costs being shared by the parties. The City is responsible to pay for and perform all necessary real estate acquisitions in Grand Forks under the agreement between the parties. The requested appraisal was ordered by the City, the fee was paid by the City, and any negotiations for acquiring the real property are to be handled by the City. If negotiations are unsuccessful, an eminent domain or condemnation proceeding would be commenced in state court by the City which bears responsibility to acquire the property either through negotiation or condemnation proceedings.
DEPARTMENT OF ENVIRONMENTAL PROTECTION ACQUISITION, DISPOSITION, AND EXCHANGE OF STATE LAND Operational Audit Finding No. 7: We noted deficiencies, including the use of unapproved appraisal reports, for a land exchange which was approved by the Board of Trustees.
Dear Clients and Friends:
Thank you for attending Nossaman’s recent seminar, “Planning for the Future: Land Use Legal Issues for 2007 and Beyond.” A copy of the presentation has been posted to our website and can be found by clicking here. We welcome your suggestions for additional topics relevant to the development and home building industries for future Nossaman seminars. To receive Nossaman legal updates on breaking land use and environmental issues, click here to sign up for our free E-Alerts. I look forward to seeing you soon.
DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers [ZRIN 0710–ZA02] Reissuance of Nationwide Permits AGENCY: Army Corps of Engineers, DoD. ACTION: Final notice. SUMMARY: The U.S. Army Corps of Engineers (Corps) is reissuing all existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. The Corps is also issuing six new NWPs, two new general conditions, and 13 new definitions. The effective date for the new and reissued NWPs will be March 19, 2007. These NWPs will expire on March 18, 2012. The NWPs will protect the aquatic environment and the public interest while effectively authorizing activities that have minimal individual and cumulative adverse effects on the aquatic environment. DATES: The NWPs and general conditions will become effective on March 19, 2007. ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW–CO, 441 G Street NW., Washington, DC 20314– 1000. FOR FURTHER INFORMATION CONTACT: Mr. David Olson at 202–761–4922 or by email at email@example.com or access the U.S. Army Corps of Engineers Regulatory Home Page at http:// www.usace.army.mil/inet/functions/cw/ cecwo/reg/.
The mission of the Corps of Engineers Regulatory Program is to protect the Nation’s aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions. The Corps evaluates permit applications for essentially all construction activities that occur in the Nation’s waters, including wetlands. Corps permits are also necessary for any work, including construction and dredging, in the Nation’s navigable waters. The Corps balances the reasonably foreseeable benefits and detriments of proposed projects, and makes permit decisions that recognize the essential values of the Nation’s aquatic ecosystems to the general public, as well as the property rights of private citizens who want to use their land. During the permit process, the Corps considers the views of other Federal, state and local agencies, interest groups, and the general public. The results of this careful public interest review are fair and equitable decisions that allow reasonable use of private property, infrastructure development, and growth of the economy, while offsetting the authorized impacts to the waters of the US. The adverse impacts to the aquatic environment are offset by mitigation requirements, which may include restoring, enhancing, creating and preserving aquatic functions and values. The Corps strives to make its permit decisions in a timely manner that minimizes impacts to the regulated public.
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ADMINISTRATIVE LAW, CONSTITUTIONAL LAW, CONSTRUCTION, GOVERNMENT CONTRACTS, GOVERNMENT LAW, SERVICES, TRANSPORTATION Prof'l Eng'rs in California Gov't v. Kempton, No. S139917 In a writ proceeding, a state employees' union and a taxpayer challenged Caltrans's interpretation of Proposition 35, which expressly removed a constitutional restriction on the ability of governmental entities to contract with private firms for architectural and engineering services on public works projects. A ruling in favor of Caltrans in the proceeding is affirmed as Proposition 35 implicitly repealed prior statutes regulating private contracting, but did not invalidate the prior procedure for selecting private contractors
Supreme Court To Hear Important CERCLA Cost Recovery Case By Alfred E. Smith, II On April 23, 2007, the United States Supreme Court will hear arguments in U.S. v. Atlantic Research Corporation, Supreme Court Case No. 06-562 (“Atlantic Research”). The case raises important issues for parties seeking to recover environmental remediation costs under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). If the Supreme Court does not affirm the decision of the Eighth Circuit in U.S. v. Atlantic Research Corp., 459 F. 3d 827 (8th Cir. 2006), many public agencies, water purveyors and other parties will be significantly limited in their ability to utilize CERCLA’s powerful enforcement tools to recover costs from responsible parties that are incurred cleaning up hazardous contamination
The purpose of this article is to give a delineation of what it will take for a loan officer to become an expert and thus differentiate themselves from the competition. If you are interested in just getting by—I would suggest you stop reading at this juncture. If you are truly interested in learning what it will take to succeed, this will at least give you an outline for the road. It certainly does not include every facet or course I would recommend—but it gives you the idea of how varied and comprehensive we must be. Our industry touches upon many facets of people’s lives and we can’t help people without taking into account all aspects of the real estate finance transaction. 1. Learn the real estate process.
Economic Developments Courtesy of Fannie Mae’s Chief Economist Fannie Mae’s chief economist, David Berson, tackles the most up-to-date topics pertaining to the financial market. Have concerns around the recent scrutiny into the subprime market? Then you definitely want to read David’s Monthly Outlook. Recent topics include housing activity, discussions around the correlation between interest rates and the stock market. For more immediate information about what is occurring within the mortgage industry—be sure to view his Weekly Commentary.
Zillow.com estimates draw fire, state ban Peter Corbett The Arizona Republic Apr. 14, 2007 12:00 AM An Arizona regulatory board has ordered Zillow.com to stop offering its online estimates of home values. The Arizona Board of Appraisal has issued two cease-and-desist letters to the popular real estate Web site, claiming Zillow needs an appraiser license to offer its "zestimates" in Arizona. "It is the board's feeling that (Zillow) is providing an appraisal," said Deborah Pearson, Board of Appraisal executive director
Technical Bulletins In order to provide the most up-to-date technical and industry information about polyiso insulation, PIMA—the trade association of the polyiso industry—researches and posts technical bulletins, advisories and case studies. These documents are published as a public service to help expand the knowledge of architects, consultants, building owners and roofing contractors and to build consensus on the performance characteristics of polyiso. Individual polyiso manufacturers should be consulted for specifics about their respective products’ performance and applications.
Pollution Loss Allocation and Other Insurance Coverage Issues Before CA Supreme Court by Kurt W. Melchior and Deborah E. Beck Accepting what may be one of the most important insurance coverage cases in some time, the California Supreme Court has granted review in State of California v. Underwriters at Lloyd’s, London, 146 Cal. App. 4th 851 (2006). In that case, the State sought indemnification from its comprehensive general liability (CGL) insurers for damages caused by discharges at the Stringfellow waste disposal site. The State’ s policies included the 1970 form of the pollution exclusion, which precludes coverage for damages caused by the discharge of pollutants unless the discharge was “sudden and accidental.” (Later policies commonly contain the “absolute pollution exclusion,” which bars indemnity even for sudden and accidental pollution.)
The trial court granted summary judgment in favor of the insurers. The 4th District Court of Appeal reversed. Two of the court’s rulings—holding the policy language “arising out of” ambiguous and interpreting the so-called “watercourse exclusion”— differ from other courts’ rulings and are controversial. Perhaps of greatest interest, however, are the appellate court’s rulings on the allocation of losses.
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Understanding Hardwood Lumber Grading This article from Independent Sawmill & Woodlot Magazine covers the basics. September 21, 2001 Reprinted with permission from the Feb/March 98 issue of Independent Sawmill & Woodlot Magazine Today, NHLA grading rules are not only the dominant grading system for hardwood lumber in the United States, but also form the basis for much of the international trade in hardwoods. Most hardwood lumber produced in this country is graded using the rules developed and maintained by the National Hardwood Lumber Association (NHLA). In 1897, hardwood lumber producers and users formed the NHLA to standardize the grading of hardwood lumber. Prior to that time, individual mills had their own grading systems for their local markets. The original NHLA grading rules were based on the number and size of defects as the major criteria. This changed in the early 1930's to grading rules based on the amount and size of clear cuttings. Other than slight modifications every once and awhile, the rules have been relatively stable since that time.
Lumber Guide Buying by the Board Foot Softwood Lumber Grades Hardwood Lumber Grades Lumber Grading Terms Milling Our Lumber
Introduction A successful do-it-yourself project starts with good wood. At first you may think there's a secret lumberyard code when you confront the many types and dimensions of wood. But once you take time to learn how the industry assigns grades and determines sizes, it's easy to choose and order the lumber best suited for your purpose--and maybe save money, too.
Plywood by Fix-It Club Some projects require that you use or at least understand plywood. This material is a very popular construction tool, because the layering of thin sheets of wood gives it great flexibility and strength. Knowing about plywood can save you money and may mean the difference between a successful project and one that fails.
Welcome to OSBGuideTM The Structural Board Association represents the world's leading manufacturers of Oriented Strand Board (OSB). To learn more about the SBA or OSB, select a topic from the list below. About the Structural Board Association: Learn more... About Oriented Strand Board: Learn more... OSB Facts for Homeowners: Learn more... OSB Performance for Builders: Learn more... OSB Specifications for Architects: Learn more... SBA Membership: Learn more...
When you need cost-effective high performance in floor and roof systems, beams and headers, or rim boards for frame construction, engineered lumber products from Georgia-Pacific outperforms conventional lumber with higher strength and greater stability over longer spans. GP Engineered Lumber resists shrinking, crowning, twisting and warping, which means quieter floors and fewer callbacks.
Precast/Prestressed Concrete Institute Welcome to the Precast/Prestressed Concrete Institute (PCI), headquartered in Chicago, Illinois, with membership throughout the world. PCI, an organization dedicated to fostering greater understanding and use of precast and prestressed concrete, maintains a full staff of technical and marketing specialists. Home > Publications > Designer's Notebook Article List Benefits and Advantages Blast Considerations - Part 1 Blast Considerations - Part 1 Blast Considerations - Part 3 Blast Considerations - Part 4 Bullnoses Clay Product-Faced Precast Corners and Returns Cornices Design Economy - Part 1 Design Economy - Part 2 Design Economy - Part 3 Designer’s Notebook Energy Conservation 64 page booklet. Energy Conservation and Condensation Control, Part 1 Energy Conservation and Condensation Control, Part 2 Energy Conservation, Part 3 Multiple Mixes/Textures Radiused Precast Concrete Reveals Sculptural Forms Specification Guidance - Part 1 Specification Guidance - Part 2 Specification Guidance - Part 3 Specification Guidance - Part 4 Stone Veneer-Faced Precast - Part 1 Stone Veneer-Faced Precast - Part 2 Sustainable Design, Part 1 Window Panels
These kits are the first by any manufacturer in the housing industry to conform to National Housing Quality (NHQ) Certified Training Materials Program guidelines, which seek to improve the installed performance of individual building products and ultimately improve the quality, durability, and affordability of the entire house. The training kits include an instructional video, an instructor guide and a student guide. All of these materials are provided in both English and Spanish, and are also accessible via a CD-ROM, which is provided in the kit. The kit is intended for use by builders who actively participate in the training program. Videotapes and CDs are also available by themselves to anyone interested in learning more about installing Simpson products. Simpson is the first building products manufacturer to become an official sponsor of the NHQ program, which is designed to foster consistency and quality in building practices.
Simpson Strong-Tie is committed to training customers on the proper specification, installation and inspection of structural system solutions. As part of this commitment our regional training centers offer a selection of seminars for engineers, architects, dealers, contractors and inspectors. These dedicated training facilities offer opportunities for classroom instruction as well as chances for hands-on installation of Simpson Strong-Tie products. Participants can earn professional development hours (PDH) through Simpson’s registration with CSI, SEA, ICC, BIA, AIBO, ACIA and AIBD. Read more about Simpson Training.
For example, you don't need to buy an expensive piece of plywood that's perfect on both sides if only one side will be seen. Similarly, there's no sense in paying for 1/2- inch thickness when 3/8-inch plywood is really all you need. Plywood also comes with different glues, veneers, and degrees of finish. By knowing these characteristics you may be able to save money as well as do a better job.
Building codes require structures to be designed with a system of connections that provide a continuous load path capable of transferring forces through the framing members to the foundation. In regions of the country prone to high wind events, this method of construction is critical to the safety and welfare of the public. Homes in high wind regions are often designed by professional structural engineers who carefully detail the connections required between framing members to ensure that the wind forces are safely transferred through the structure. The building code also offers prescriptive design guidelines that provide instructions for builders and detail the way the structure should be built. The International Residential Code (IRC) provides prescriptive requirements for homes built in low wind regions defined as having a design wind speed less than 110 mph for the 2003 IRC or less than 100 mph for the 2006 IRC. For higher wind speeds, the IRC refers builders to the AF&PA Wood Frame Construction Manual (WFCM) which covers construction methods for winds speeds up to 150 mph.
REALTORS® Commercial Alliance Report The REALTORS® Commercial Alliance Report is published four times annually and distributed to members of the National Association of REALTORS® and commercial real estate industry leaders. To receive the RCA Report, update your NRDS information to include commercial interests in the "Field of Business List". AppraisalPort / FNC - Class Action Suit Seeks $5 Million in Damages In a lawsuit filed May 9th, 2007, FNC has been sued for:
False Advertising under the Lanham Act Intentional Misrepresentation (Fraud) Negligent Misrepresentation Conversion, Misappropriation, and Breach of Bailment Breach of Implied Contract Click here for the source document: FNC Complaint "The Plaintiffs bring this action as a class action on behalf of all appraisers, including both individuals and entities enAppealing a low appraisal may mean doing some legwork By Lew Sichelman, United Feature Syndicate April 22, 2007
WASHINGTON — As many people are finding out that, in today's down market, their homes aren't worth what they thought. At least not in the eyes of the professionals hired to tell lenders what the places could fetch. In a perfect world, the value of a property is what a buyer will pay for it. But the housing market is imperfect at best. For example, buyers sometimes will pay whatever the seller asks just to get a house they've come to love, whether the price has any basis in reality. And in a few instances, buyers and sellers intentionally conspire to inflate the agreed- upon price to defraud the lender and line their pockets to the tune of thousands of dollars. Consequently, an appraiser, a valuation expert who can give the property the once- over and give the lender an impartial opinion of its worth, is needed. But the art of appraising is not an exact science. And those who practice it are fallible. If you believe your appraiser has made a mistake, you can appeal to your lender. Start by finding out whether your appraisal was done in person or electronically. More and more lenders use automated valuations, particularly in the home-equity sector, to speed up the process and cut costs. But they are notoriously inaccurate. Ask to have your place valued by someone who actually looks at your house, compares it to others in the neighborhood, checks out the community and does all the things an appraiser is supposed to do. In most cases, lenders will bow to your wishes, especially if you are willing to cover the several hundred dollars a full appraisal will cost. If a real, live appraiser is responsible for a valuation you think has come in too low, you always can ask for a second opinion from another appraiser. But you'll have to pay for that too. Moreover, the second valuation must be more than 5% higher than the first. In the appraisal game, anything less is considered an acceptable difference. You can help your case by doing some of the appraisal spadework on your own. Start with searching out "comparables" the appraiser may have missed the first time around. A comparable is a property of the same size and style in the same location and with the same features as the one being appraised. To determine a fair-market value for the subject property, an appraiser looks for recent sales of several comparable properties.
Normally, they limit their search for "comps" to the Multiple Listing Service. And when they do that, they may not be looking at the entire market. Even though enough sales pass through the typical MLS that an appraiser should have little trouble finding comparables, not every deal goes through the system. Independent brokers who are not MLS members make many of them, and some are made without the help of an agent, MLS member or not. As a result, half of all transactions in some markets occur outside the MLS. Your job is to find them. To do that, you'll have to comb the land records at the courthouse. gaged in performing appraisals, who have used the AppraisalPort web service of FNC since its inception through at least April 2007, and who were damaged thereby." The Plaintiffs are requesting that the Court award them damages and/or recoupment of profits in an amount greater than $5,000,000 to be determined at trial. The complaint starts off with a brief history of how AppraisalPort functions, the AI Ready data standard, and how appraisers interface with the service and their clients.