Mary Cummins, Real Estate Appraiser, Real Estate Appraisal, Los Angeles, California, Mary Cummins.

Mary Cummins is a real estate appraiser in Los Angeles, California with 38+ years of experience. Cummins provides real estate appraisals for banks, lenders, mortgage brokers, Appraisal Management Companies (AMCs), lawyers, Courts, factors and private parties for lending, lawsuits, probate, estate planning, divorce and all types of litigation. Cummins provides 1004, 1073, 1025 and other form reports, narrative reports and historical appraisals besides real estate research and appraisal advice.

Saturday, July 5, 2025

Cause of Camp Mystic Flooding is Poor Texas Zoning Building Regulations by Mary Cummins Real Estate Appraiser

UPDATE: A day and a half after I wrote my article CNN wrote an almost identical article using my exact same quotes. https://www.yahoo.com/news/children-camps-texas-were-located-060024551.html

ORIGINAL: July 5, 2025 intense rain and flooding at Camp Mystic in Hunt, Texas caused loss of life and missing campers. Everyone is blaming someone else but there is one main cause of this tragedy. The main reason is the camp was built in a high risk flood zone on the banks of the Guadalupe river in a floodplain.

The camp is built in high risk flood zone A, see map above and below. Here is the address, Camp Mystic 186 Felix Fisher Rd S, Hunt, TX 78024 GPS 30.00485531885247, -99.37327619243185. Camp Mystic itself states on their website they're built on the banks of Guadalupe river, "Established in 1926, Mystic is nestled among cypress, live oak, and pecan trees in the hill country of west-central Texas on the banks of the beautiful Guadalupe River." https://www.campmystic.com/ It looks like the cabins are built right next to Cypress Creek which is an offshoot of the South Fork of Guadalupe river. The major flooding took place as campers were asleep in bed. There actually were rain and flood warnings. Linked below is the flood map for the area. The red star is the cabins. The younger girls who died were staying in the cabins closest to the water. I believe the camp owner should have evacuated the campers after the initial flood warnings the day before knowing they're in a high risk flood zone. Link to the actual FEMA map https://hazards-fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa9cd

Better view of the cabins in Flood zone A. You see the cabins inside the flood zone. The flood map is 48265C0450F date 03/03/2011. One should never build cabins on the banks of a river in a high risk flood zone and floodplain. They probably built the camp there because the land was cheap because it was in a flood zone. While we didn't have FEMA flood maps back in 1926 people knew which areas flooded. You could tell based on proximity to body of water, terrain and soil.

Some of the cabins are right on the creek. They even built a dam like structure on the creek. Were those built with permits? Texas is pretty lax with permits so rhetorical question.

This is the definition of high risk flood zone A, "high risk of flooding, specifically a 1% annual chance of experiencing a flood event, also known as the 100-year floodplain. These areas are designated as Special Flood Hazard Areas (SFHA) due to their proximity to bodies of water like rivers, lakes, and ponds." Generally you would not build a living quarter in this area. If you do, it must be mitigated which generally means raising it off the ground on a strong foundation above the BFE. "Structures in Zone A must adhere to specific building standards, such as elevating the lowest floor to or above the BFE and ensuring enclosed areas below the BFE are not used as living spaces, according to the American Society of Civil Engineers." This is a 1926 camp. I doubt it was up to flood code. The water level went six feet up inside the cabins based on the photos. They were clearly not built above the BFE. Generally you would have pier or stilt foundations so the water can flow under the buildings. I don't see any of these types of foundations in the camp.

This is the building code for flood zones in Kerr County. "A floodplain determination or permit is required for any work in the floodplain." "In Kerr County, Texas, building in Flood Zone A requires adhering to specific regulations outlined in the Kerr County Flood Damage Prevention Order. These regulations, administered by the Kerr County Engineer, aim to minimize flood damage. Generally, new construction and substantial improvements in Zone A must elevate the lowest floor (including basements) to or above the base flood elevation plus one foot, or the highest adjacent grade plus two feet if no specific depth is provided." Based on this the cabins weren't built to current code. I doubt they were 1926 original because the area had previously flooded.

Texas is known to be very lax with zoning especially when it comes to flood zones. They allow building in aqueducts, flood plains and high risk flood zones. This is a Christian religious camps so Texas probably made even more exceptions because of religion. I've previously written articles about this especially after Hurricane Harvey. This is why people are flooded over and over again and FEMA keeps paying them over and over again to rebuild. FEMA will be gone by next year so Texas needs to make some changes. Texas is lucky it has a good relationship with Trump and he agreed to declare it a disaster zone and offer assistance.

In 1987 and 1998 the Guadalupe river flooded. In the 1987 Guadalupe River flood ten teenagers drowned when trying to leave a church camp. Camp Mystic is a religious Christian camp. Perhaps the girls were swept away while fleeing the cabins. Some of the cabins are still standing though they were flooded inside with up to six feet of water. I just saw a photo of girls in pajamas walking through flood water in the middle of the night toward a building on higher ground away from the creek and river. It only takes a few inches of flood water to knock someone off their feet into the water. Maybe that is what happened to those fleeing through higher water.

Below is a chart of the water quickly rising. The water allegedly rose 20 feet in 37 minutes in the middle of the night. This happens in this area because of steep terrain, dry soil which can't soak up water and rivers and creeks flowing into each other. Texas Hill Country is also known as flash flood alley for this reason. Great article with quotes from a hydrologist. This is the last place you'd want to camp over night. https://www.yahoo.com/news/why-texas-hill-country-where-160717909.html

Below are photos of the cabins and cabin locations. Clearly not elevated enough. They are literally built on the bank of the river. They are built on the S part of the river and creek which is not a good idea. This area looks like a floodplain. The river banks are formed by the power of the water in the river. That means that area has most likely flooded in the past. The cabins were indeed flooded and buildings were damaged. Such a sad tragedy. In California areas that tend to flood may be used for recreation. They still don't allow overnight lodging for this reason. You can hike and have a picnic but you can't put up a tent or stay over night for this reason. Meanwhile Texas allows overnight lodging in flood zones.

This image which is from a Texas flood website illustrates floodplains and river banks. The entire floodplain area can flood. All buildings should be built above the BFE.

Below is a Google map of Camp Mystic

In case their website is still down https://web.archive.org/web/20250124220815/https://www.campmystic.com/

Mary Cummins of Cummins Real Estate is a certified residential licensed appraiser in Los Angeles, California. Mary Cummins is licensed by the California Bureau of Real Estate appraisers and has over 35 years of experience.

Mary Cummins, Mary K. Cummins, Mary Katherine Cummins, Mary, Cummins, #marycummins #animaladvocates #losangeles #california #wildlife #wildliferehabilitation #wildliferehabilitator #realestate #realestateappraiser #realestateappraisal #lawsuit real estate, appraiser, appraisal, instructor, teacher, Los Angeles, Santa Monica, Beverly Hills, Pasadena, Brentwood, Bel Air, California, licensed, permitted, certified, single family, condo, condominium, pud, hud, fannie mae, freddie mac, fha, uspap, certified, residential, certified resident, apartment building, multi-family, commercial, industrial, expert witness, civil, criminal, orea, dre, brea insurance, bonded, experienced, bilingual, spanish, english, form, 1004, 2055, 1073, land, raw, acreage, vacant, insurance, cost, income approach, market analysis, comparative, theory, appraisal theory, cost approach, sales, matched pairs, plot, plat, map, diagram, photo, photographs, photography, rear, front, street, subject, comparable, sold, listed, active, pending, expired, cancelled, listing, mls, multiple listing service, claw, themls, historical appraisal, facebook, linkedin

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Mary Cummins

Mary Cummins of Cummins Real Estate Services has been in real estate since 1983, over 35 years. She is licensed by the Bureau of Real Estate Appraisers. Mary Cummins was an agent and broker licensed with the California Department of Real Estate selling residential income, commercial buildings, raw land and homes for Merrill Lynch Realty in Beverly Hills and Westside Properties in Los Angeles before concentrating on appraisals. Mary Cummins currently provides real estate appraisals, expert witness testimony, historical research, legal real estate research for mortgage brokers, banks, lawyers, factors, insurance companies, financial consultants and private individuals. Mary Cummins was born and raised in Southern California. Cummins attended Beverly Hills Good Shepherd Catholic School and Beverly Hills High School. Besides being on the Dean's list, Mary Cummins was a top ten national swimmer and competed on the men's water polo team. Mary Cummins began college at the age of 15 attending the University of Southern California on scholarship, majoring in Psychology/Sociology. http://www.animaladvocates.us http://www.facebook.com/AnimalAdvocatesUSA

Saturday, June 28, 2025

HUD Slashes Appraisal Requirements by Mary Cummins Real Estate Appraiser

UPDATE: I just saw a notice from an AMC which is a little different than the press release. It states while we no longer have to take photos of the attic and crawl space but we still have to inspect them and report. While we can use MLS photos for comps we still must go view the comps. While we no longer have to take angled or side photos we still must inspect and report. While we don't have to list remaining economic life we still have to list effective age. One can figure out remaining economic life based on effective age. This would mean there's no real difference in the amount of work and reporting involved for appraisers. Looks like a fluff press release that won't change much.

ORIGINAL: June 27, 2025 HUD Secretary Scott Turner released the below press release entitled "HUD Slashes Red Tape to Homeownership Financing Costs." Some of that red tape is related to home appraisals which made some appraisers happy. The press release linked below links to the June 27, 2025 Mortgage Letter which details the rescission of the appraisal requirements, i.e. "Rescission of Outdated and Costly FHA Appraisal Protocols." Some of these changes would disrupt the home loan markets. Below are a few of the changes.

This was crossed out. ~~(I) Economic Life/Section 223(e)The Mortgagee must confirm that the term of the Mortgage is less than or equal to the~~ ~~remaining economic life of the Property.~~ Appraiser not longer has to include economic remaining life. This could be an issue if the loan is 30 years but remaining economic life of property is less than 30 years. This happens with some older homes in average condition not to mention older mobile homes. Older mobile homes generally can't get loans for this reason. I could see people walking from loans when they're underwater just like during the Great Recession.

FHA Minimum Photograph Requirements.

Only front and rear photos are needed. No more angled photos to show all four sides. Sometimes you really need to see all four sides. People generally don't repair the sides as much as the front. I always include photos of the sides whether they ask for them or not. It takes maybe five more seconds.

The street scene no longer has to include a portion of the subject. Then the street scene could be from anywhere and not subject's street. It doesn't take any extra time or effort to include a tiny portion of the subject on the side of the street scene. This doesn't save any time.

Attic and crawl space photos no longer needed. Sure hope someone inspects the attic and crawl space which can hide a lot of expensive damage and problems such as water damage, mold, roof issues, previous fires, original pipes, foundation issues... I've been in attics where I saw holes going to the outside, sagging roof supports, lack of insulation, burn marks, mold, mildew...that weren't caught in any inspection. While it's a hassle carrying a ladder to look in the attic I think it could be important. A head and shoulder view is all that's needed so you could use a stick to prop up panel and use selfie stick to take the photo. If it's no longer needed, I'm sure they'll reduce appraiser fee so while it may be less work, there will probably be less pay.

Photos of common areas of 2-4 units no longer have to be included. Photos of condo common areas also no longer needed. I've seen a lot of 2-4 units and condos with major deferred maintenance in the common areas. This could have a large effect on value especially considering the recent major condo issues with huge special assessments, inadequate insurance and zero replacement budgets. It only takes a few minutes to take common area photos.

Appraiser no longer has to comment on upward or downward future market trends in detail. This will be horrible if we head into another real estate recession like the Great Recession. The 1004MC form, also known as the Market Conditions Addendum, was introduced by Fannie Mae in November 2008 and became a requirement for all one- to four-unit property appraisals delivered to Fannie Mae and Freddie Mac starting April 1, 2009. It was created in response to the 2008 housing crisis to standardize the analysis and reporting of market conditions by appraisers. As it is it's not mandatory with many loans. I still use it to figure out general time adjustments besides AI.

This was crossed out. ~~Additional Appraisal Requirements for 223(e) Mortgages (09/14/2015)~~ "223(e)" refers to a section of the National Housing Act that allows for the insurance of mortgages in older, declining urban areas where there is a need for affordable housing. This section specifically facilitates the purchase, repair, rehabilitation, or construction of properties in these designated areas." Many can't get these loans for good reason. The cost to repair the home is more than the final value of the home. It's not a good investment for the government. The borrowers could end up under water and walk then we have another real estate recession. This has happened before.

This next part could be very problematic as it could allow construction in some flood zones. This will be a huge issue as the government unwinds FEMA and climate change increases. This is a big issue in Florida, Texas, the south. It has to do with building above the high tide line which has been rising for years. People shouldn't build in those areas because they will lose their home in the next storm and now FEMA won't even help them. Many areas in Florida are at risk of losing their roads and highways to sea level rise and storms.

"Rescinded the Federal Flood Risk Management Standard (FFRMS) for New Construction Eligibility. Rescinding the FFRMS restores the previous established policy, thus removing what would have been limits on the land available for development and eliminating increases in the cost of construction for FHA-insured single-family properties, which would have exacerbated the insufficient supply of affordable housing for the next generation of homebuyers."

Here's another troubling change. "Rescinded the Mandatory Pre-Endorsement Inspection Requirements for Properties Located in Presidentially-Declared Major Disaster Areas. Modifying FHA disaster inspection requirements aligns FHA’s policies with industry standards and allows lenders the discretion to assess property condition and determine appropriate risk-based actions prior to endorsement. This update reduces costly and unnecessary delays and will improve the bandwidth of home property inspectors that are often overwhelmed following a natural disaster."

I remember the 1994 earthquake in LA. I had inspections scheduled but no phone to contact clients to see if I should change the appts. My first two appointments were totaled by the earthquake. I later had to do reinspections for properties in the middle of financing to make sure they weren't damaged. Most were damaged. Not only that but values plummeted after the earthquake. Why would the government want to give the same loan amount to a property which is probably greatly devalued or worth almost nothing? The government has to bail out the loans and banks.

From the same press release, "During the first Trump Administration, HUD made targeted technology investments through FHA Catalyst that have substantially improved FHA’s collateral valuation analytics. As a result, FHA is now able to extend the benefit of these investments to borrowers, lenders, and taxpayers in the form of streamlined appraisal procedures, lower costs, and quicker turn times."

FHA Catalyst and AVMs: The FHA Catalyst system, which HUD has invested in, is a platform designed to modernize the FHA program by facilitating the electronic submission and processing of appraisals. It has also improved FHA's collateral valuation analytics, which suggests a role for AVMs within the FHA program.

The increased use of AVMs could be problematic as we all know how deeply flawed AVMs can be. The borrowers who will agree to an AVM value will have older homes in less than average condition without upgrades, views and in less than desirable locations in a neighborhood. These homes would receive a higher AVM value than market value by a live appraiser. Borrowers with fully upgraded, remodeled home on prime lots with prime views would get a lower AVM value and probably get a loan elsewhere. This means most AVM loans could be under collateralized. The resultant loans would be riskier for the government and investors not to mention the stock market.

I see some red flag issues with these recent HUD changes. They will reduce the confidence in real estate appraisal valuations, home loans and the real estate market in general. It will also upset asset backed securities markets and the stock market. Lenders, banks will make a lot more money at the expense of the homeowner and US tax payer. Similar loosening of regulations and changes were made before the Great Recession which is what caused the Great Recession. History has a tendency to repeat itself. We don't seem to learn.

While HUD can make administrative changes on its own sometimes they need the approval of Congress to make major changes in housing programs and funding. Maybe there should be some oversight on these changes such as the Finance Committee. In this new era of the government making executive orders without any approvals, oversight or even investigation this will probably stand as is.

"HUD Slashes Red Tape to Cut Homeownership Financing Costs

FHA eliminates 12 costly and burdensome policies in sweeping rollback"

https://www.hud.gov/news/hud-no-25-086

"Rescission of Outdated and Costly FHA Appraisal Protocols"
https://www.hud.gov/sites/dfiles/OCHCO/documents/2025-18hsgml.pdf

Marhttps://www.hud.gov/sites/dfiles/OCHCO/documents/2025-18hsgml.pdfy Cummins of Cummins Real Estate is a certified residential licensed appraiser in Los Angeles, California. Mary Cummins is licensed by the California Bureau of Real Estate appraisers and has over 35 years of experience.

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Mary Cummins

Thursday, June 26, 2025

Court Rules Fair Plan Fire Policy Coverage Regarding Smoke Damage is Illegal by Mary Cummins, Real Estate Appraiser

Court Rules Fair Plan Fire Policy Coverage Regarding Smoke Damage is Illegal. Items don't have to be destroyed to be considered a loss. The damage doesn't have to be visible by human eye. Exposure to toxic smoke, fire, ash can destroy soft or porous items. The insurer stated they won't appeal. Insurance experts state this will cause insurance rates to rise. Case Number: 21STCV20095 Plaintiff Jay Aliff, Defendant California Fair Plan Association.

"In a landmark decision, a Los Angeles judge has ruled that California’s home insurer of last resort (California Fair Plan Association) is violating state law by how it treats smoke damage claims — a policy that homeowners have long complained shortchanges them, including, most recently, victims of the Jan. 7 firestorms.

Los Angeles County Superior Court Judge Stuart Rice on Tuesday said that the California FAIR Plan Assn.’s policy violates the insurance code because it provides less coverage than what is required by the state’s Standard Form Fire Insurance Policy, which provides coverage for all “loss by fire” damage without making any distinction for smoke damage.

Since 2017, the plan has required that fire claims must result in “direct physical loss” as defined by “permanent physical changes” to a property, which owners allege has made it more difficult to be compensated for smoke damage.

The plan issued a notice to its customers that year that said the new definition of direct physical loss “will result in the denial of claims that might have been paid under prior policy wording,” Rice noted in his decision in a case brought by a former Mono County property owner.

“This notice seems to admit that the CFP Policy is less favorable to insureds than the Standard Form Policy,” the judge wrote in declaring the policy illegal."

#wildfire #smokedamage #marycummins #realestateappraiser #fairplan #fire

https://www.latimes.com/business/story/2025-06-25/landmark-ruling-judge-says-that-californias-insurer-of-last-resort-is-shortchanging-smoke-damage-victims-la-wildfires

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Mary Cummins

Thursday, June 12, 2025

Government Must Pay for Eviction Moratorium Losses, Court Ruling, by Mary Cummins Real Estate Appraiser

Court Rules Government Must Pay for Eviction Moratorium Losses. A federal court just ruled 7-3 that governments are responsible for lost rent due to eviction moratoriums. It is considered illegal taking of property which is against the 5th Amendment of the US Constitution. I feel this should also apply to some rent control measures.

Here's what this means: If you lost rental income during Los Angeles' eviction moratoriums over the past five years, you might be entitled to compensation. You'd still have to sue to be compensated. If the ruling stands I'm sure there will be class action lawsuits.

The case is Darby Development Company Inc et al v. United States, U.S. Court of Appeals for the Federal Circuit, No. 2022-1929. Those moratoriums were so unfair especially to small mom and pop landlords. Many were forced to sell their buildings because they couldn't afford to keep them. Many tenants lied about Covid affecting their income to get free rent. Some never paid back the rent. Some just left.

https://www.reuters.com/legal/government/us-must-face-claims-over-pandemic-ban-residential-evictions-2025-06-06

Based on the below actual order this will probably go to the Supreme Court. SCOTUS would then decide if the order was properly authorized or not. If they decide it was properly authorized, this may be overturned. Scroll down to see the original order which is lower on the page.

Order https://www.cafc.uscourts.gov/opinions-orders/22-1929.ORDER.6-6-2025_2526499.pdf

"This case presents the question whether the United

States can be liable for the unauthorized acts of its officials

under the Takings Clause.

On September 4, 2020, the Centers for Disease Control

and Prevention (“CDC”) promulgated an agency order that

temporarily halted residential evictions in the midst of the

COVID-19 pandemic, relying on its authority under 42

U.S.C. § 264(a). The Supreme Court held that it was “virtually certain . . . that the CDC ha[d] exceeded its authority” under that statute. Ala. Ass’n of Realtors v. Dep’t of

Health & Hum. Servs., 594 U.S. 758, 759 (2021); see also

Resp. to Pet. for En Banc Reh’g at 2, Darby Dev. Co.

v. United States, 112 F.4th 1017 (Fed. Cir. 2024) (No. 22-

1929) (conceding that “the Supreme Court ultimately expressed the view that the moratorium exceeded the CDC’s

statutory authority”). As a result, the eviction moratorium

was enjoined. See Ala. Ass’n of Realtors, 594 U.S. at 766.

Despite the lack of statutory authority, the panel majority held that the order was not unauthorized for takings

purposes because it was done “within the normal scope of

the agent’s duties,” Darby Dev. Co., Inc. v. United States,

112 F.4th 1017, 1027 (Fed. Cir. 2024), effectively importing

the scope-of-duty standard from tort law into the takings

context.

Previous ruling with issues

https://www.cafc.uscourts.gov/opinions-orders/22-1929.OPINION.8-7-2024_2363309.pdf

Appellants: 104WWB, LLC, Azure Park Apartments, LLC, Bay Bridge Properties LLC, Belhaven Residential, LLC, Bella Estates Nevada, LLC, Capital City Interior LLC, Casas Adobes Partners V LLC, Darby Development Company, Inc., Decatur Point LLC, Encantada Apartments, LLC, GG Icon LLC, Grand Channel, LLC, GWR BH Holdings, Ltd., GWR Equities LLC, GWR Management, LLC, GWR Texas SE Partners, Ltd., GWR Trails Partners, Ltd., Hesperian Falls Partners LLC, Intercoastal Yacht Club, LLC, Lake Charlotte, LLC, Las Vegas Cameron Apts LLC, Logan Ventures of California Properties LLC, Mclean Investments, LLC, Orion Properties of West Palm Beach, LLC, Joanne Panek, Richard Panek, Paradise Square, LLC, R. James Properties, Inc., Michael Rak, Redwood Garden Properties, LLC, Ridge Falls Apartments, LLC, Riverbend Village Partners LLC, Shander International, LLC, Sunset Terrace Partners LLC, Regina Tillman, TSV Crossroads at Rochelle LLC, Veritas Equity Management, LLC, Villa East Properties, LLC, Villa Monterey Properties, LLC and Mohammad Zamanian to Doc No. [92].

Court of Appeals Docket #: 22-1929 Docketed: 06/24/2022

Termed: 08/07/2024

Nature of Suit: 512 Taking - Realty

Darby Development Company, Inc. v. US

Appeal From: United States Court of Federal Claims

Fee Status: fee paid

Case Type Information:

1) Civil US

2) -

3) -

Originating Court Information:

District: --14-1 : 1:21-cv-01621-AOB

Trial Judge: Armando O. Bonilla, Judge

Date Filed: 07/27/2021

Date NOA Filed: Date Rec'd COA:

06/06/2022 06/22/2022

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Mary Cummins

Saturday, June 7, 2025

How HUD Ended up Funding and Working for Private Nonprofit NFHA by Jeremy Bagott, Mary Cummins

Jeremy Bagott just wrote a great article about HUD, Zixta Martinez, the false narrative of the "racist appraiser" and the home loan industry. The article neatly assembles all the pieces of the racist agenda of Marcia Fudge and the National Fair Housing Alliance (NFHA). Fudge was clearly racist against non blacks, Latinos based on her many public statements which I've shared here. Fudge falsely stated all appraisers are racist white men who intentionally devalue the homes of blacks, Latinos reducing their wealth by $156B. Fudge used HUD funds to support NFHA who has the same racist agenda. Fudge also hired NFHA employees to work at HUD. The home loan industry took advantage of the false narrative to convince HUD that non appraiser valuations such as AVMs, value acceptance should be allowed and standard so they could make more money and control the values. All these entities worked together for their own agendas of racism and/or money.

"VENTURA, Calif. (June 6, 2025) – Hanlon’s Razor is a rule of thumb that encourages people to consider incompetence over malice to explain the actions of others. It states: “Never attribute to malice that which is adequately explained by stupidity.” The charitable spirit of Hanlon’s Razor is strained to the limit in the case of Zixta Q. Martinez.

Who is Zixta Q. Martinez? She is the deputy director of the now-skeletal Consumer Financial Protection Bureau. She was placed on administrative leave in February. Her job reportedly pays her $259,500 per year. But as wasteful as it sounds, paying her not to work is preferable to having her at her desk and engaged in divisive mischief. Her banishment couldn’t have come soon enough. She now needs to be cashiered. We can only hope she never again sees the inside of a government office.

The University of Texas-trained lawyer and activist Martinez is also chair of an obscure federal committee tasked with overseeing the way states license real property appraisers in federally backed mortgages.

While on the job, Martinez self-promoted and peddled a poisonous canard known as “appraiser bias.” The DEI-influenced theory holds that an appraiser of one racial group cannot properly appraise real estate owned by someone of a different racial group. The nation’s 70,000 state-licensed appraisers are a key check on the banks, nonbank lenders, homebuilders and Realtors. Conveniently, the housing lobby has attempted to cash in on this peculiar madness of our times, as they would like to be rid of appraisers. It has resulted in a weird partnership of convenience in which members of the housing lobby have joined hands with militants, like Martinez, who harbor contempt for free markets.

Together they have been working to delegitimize and sideline appraisers in federally backed transactions. These odd bedfellows promote the falsehood that appraisers, rather than socio-economic factors, are responsible for America’s racial wealth gap. This scapegoating is about shooting the messenger. It makes a mockery of actual efforts to narrow the racial wealth gap."

Rest of the article is here.

https://mailchi.mp/e175acd7f69f/not-gone-not-forgotten-who-is-zixta-q-martinez-10899579

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Wednesday, June 4, 2025

False Racial Discrimination Case Against Appraiser Dismissed, Daviola-Turner v Henley Appraisals, by Mary Cummins

In this case a borrower didn't like the appraisal value and sued for discrimination. They believe they were discriminated against because they were an African American and Canadian couple. Yes, they believe they were discriminated against individually because one was Canadian. How would the appraiser even know their nationality? This frivolous case was just dismissed.

The ONLY reason some of these have been settled is because plaintiffs use HUD supported and paid for private nonprofit fair housing organizations to sue appraisers. They win because defendants can't afford to keep replying. This is financial bullying at its finest. Thank god this defendant could financially last through the expensive frivolous litigation.

Case Dismissed: Ohio Appraiser Wins Discrimination Lawsuit

"There have been over a half dozen lawsuits against real estate appraisers alleging discrimination within the last four years. Several have settled quietly for high-five or low six-figure sums. And one very public lawsuit, Connolly and Mott v. Lanham et al in Maryland, is still ongoing—with the appraiser countersuing the plaintiffs for defamation (For more, read Appraiser Countersues Black Plaintiffs Who Alleged Discrimination and click here to donate to Shane Lanham's GoFundMe litigation defense fund).

In a historic court ruling, the appraisal profession now has a legal precedent for an appraiser winning in court against charges of appraisal discrimination. In the case of Daviola-Turner v. Henley Appraisals LLC et al, Judge Walter Rice of the U.S. District Court for the Southern District of Ohio granted Henley's Motion to Dismiss and effectively dismissed the Turner's appraisal discrimination case against Henley."

This is the important part of the decision. Basically you can't just accuse someone of discrimination. You must provide some physical evidence and causation. Plaintiffs did not.

"While the Henley appraisal resulted in a valuation $185,000 lower than the one conducted a year later…Plaintiffs conclude that this must mean that the valuation is unreasonable, they lack sufficient factual allegations to adequately plead this claim. Plaintiffs here include no such allegations about similarly situated homeowners who were also appraised by Henley. While there is no requirement that Plaintiffs must provide allegations that detail disparate impact or direct evidence of the discrimination, the Court is not required to blindly ignore the obvious alternative theory: that Henley honestly thought the property was worth the amount that he appraised it for. Merely stating that Henley discriminated against the Turners, is insufficient as a matter of law under Rule 8(a)."

https://www.workingre.com/news-edition-case-dismissed-ohio-appraiser-wins-discrimination-lawsuit/

Full opinion March 11, 2025

https://www.casemine.com/judgement/us/67d25f793db7ac2e2c1d57fc

Case data

U.S. District Court

Southern District of Ohio (Dayton)

CIVIL DOCKET FOR CASE #: 3:23-cv-00371-WHR-CHG

Carlos Turner et al v. Henley Appraisals, LLC et al

Assigned to: Judge Walter H. Rice

Referred to: Magistrate Judge Caroline H. Gentry

Demand: $25,000

Cause: 42:405 Fair Housing Act

Date Filed: 12/14/2023

Jury Demand: Both

Nature of Suit: 443 Civil Rights: Accomodations

Jurisdiction: Federal Question

12/14/2023 1 COMPLAINT with JURY DEMAND for Violations of the Fair Housing Act against All Defendants ( Filing fee $ 405 paid - receipt number: AOHSDC-9729705), filed by Miami Valley Fair Housing Center, Inc., Diana Davoli-Turner, Carlos Turner. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Summons Form Henley-LLC-Summons, # 3 Summons Form Kevin-Henley-Summons, # 4 Summons Form U.S. Bank Summons) (Davis, Charles) (Entered: 12/14/2023)

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Mary Cummins

Saturday, May 17, 2025

Villa de Leon Kauffman Estate 17948 Porto Marina in Pacific Palisades by Mary Cummins Real Estate Appraiser

Villa de Leon, Kauffman Estate, 17948 porto marina, pacific palisades, california, real estate appraiser, anna fuchs, mary cummins, los angeles, getty villa, castellammare, italian revival, leon kauffman, kenneth macdonald Photo: Mary Cummins

Villa de Leon aka Kauffman Estate is located at 17948 Porto Marina, Pacific Palisades, California 90272. The home survived the Palisades fires. I believe it survived because the Fire Department probably thought it was part of the Getty Villa. It does have a cement facade and tile roof but it's not really fire resistant. Brush clearance was very good but the fire and winds were intense.

While I was there I noticed the front door was open. I was worried maybe someone was robbing the place as the owner doesn't live there. You need special permits to get to this area because of the fires. I have one of those permits. I then noticed a lovely lady weeding out front. I said over the fence "You have a beautiful house." She replied "someday it will be." I replied back "it's beautiful already." That was the owner Dr. Anna Rosciszewski Fuchs. She owns it in trust with her father Jan Rosciszewski who passed away in 2022 at the age of 94. I guess everything is relative. This is no denying that this is an amazingly beautiful home.

Villa Leon was built in 1926 for Austrian investor Leon Kauffman and his wife. It was designed by architect Kenneth MacDonald. It's currently a 35-room, 10,277 sq ft mansion in the Italian Revival style. The home was listed for sale at $14,995,000 and sold for $10,000,000 to the present day owners in 2005. Below original building permit says it has 18 rooms. It's 104' x 83' and 44' tall. It has a basement and three upper levels. Parking is underground. It is the Castle Rock tract lots 12-17. Home is on lot 12. Thomas Guide 630F6. APN 4416-015-062 Alternate addresses 17944, 17948, 17942 W Porto Marina Way. Tax states completed 1927.

Here is the basic plan of the home and property from ladbs.org The land issues are at the front near PCH.

Here are some more photos which I took yesterday.

Front door of Villa Leon 17948 Porto Marina, Pacific Palisades, California by Mary Cummins

Rear of Villa Leon 17948 Porto Marina, Pacific Palisades, California by Mary Cummins

Villa Leon 17948 Porto Marina, Pacific Palisades, California by Mary Cummins

The last MLS listing for property in 2005.

Plat map of property

Old postcards which I am using under the Fair Use of Copyright Act taken from the MLS listing website. These were personal postcards which one is allowed to scan and post.