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.

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

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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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, Real Estate Appraiser, Animal Advocates, Los Angeles, California - Pages

Thursday, June 12, 2025

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

Saturday, June 7, 2025

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

Wednesday, June 4, 2025

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