Mary Cummins, Real Estate Appraiser, Animal Advocates, Los Angeles, California

Mary Cummins, Real Estate Appraiser, Animal Advocates, Los Angeles, California
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Showing posts with label african american. Show all posts
Showing posts with label african american. Show all posts

Sunday, October 3, 2021

Bruce's Beach, Willa & Charles Bruce beach property in Manhattan Beach, California being returned, Appraisal, value, by Mary Cummins

Bruce's Beach, Bruce Beach, Willa Bruce, Charles Bruce, park, racism, black, african american, mary cummins, real estate appraiser, real estate, los angeles, california, kkk, whites, racist
Bruce's Beach, Bruce Beach, Willa Bruce, Charles Bruce, park, racism, black, african american, mary cummins, real estate appraiser, real estate, los angeles, california, kkk, whites, racist

UPDATE: 01/03/2022 Bruces will sell property to Los Angeles County for $20,000,000. That's right in line with my historical estimate below. Janice Hahn said "“This is what reparations look like,” she added, “and it is a model that I hope governments across the country will follow.” The question now is will everyone get back property they previously sold via eminent domain? The Bruce's were paid way over market value for their land when they sold it to the government. They signed an agreement. Can everyone undo, redo those sales? If so, I need to start a new business. Imagine everyone who sold a lot worth $10 can now get $20,000,000! There were about 40 lots owned by many different people in that "improper" eminent domain transaction. They were black, Latino, white... Does it matter since it was deemed improper by Janice Hahn? Time to undo the Dodgers site, Chavez Ravine, freeway land, school land... 

https://www.dailybreeze.com/2023/01/03/bruce-family-to-sell-recently-returned-land-to-l-a-county-for-20-million

06/23/2022 Janice Hahn stated the following,

“At long last, the descendants of Willa and Charles Bruce will be able to begin rebuilding the wealth that has been denied to generations of Bruce's since their property was seized nearly a century ago,” said Hahn."

Just to be factual the Bruce's were paid over market value for their land at that time. I did a historical valuation below based on similar land sales reported in latimes.com and other newspapers. Back then all sales were reported in the newspaper. They weren't "stripped of their land." The city bought it from them. They didn't lose their wealth or money. They made a lot of money on the sale. They could have bought other investments with that money and maybe they did. 

The key issue is they didn't want to sell it. They hired a lawyer to fight eminent domain proceedings. They lost. All of the people in that specific block area, white and black, had their land taken and paid for legally by eminent domain. They were all paid over market value with the Bruces getting the most money. Many citizens complained about paying over market value for the park, see articles below. 

Of course no one in eminent domain sales wants to sell their property. If they did, there wouldn't have been eminent domain proceedings. There have been many eminent domain proceedings in Los Angeles and California, some legal, some not so legal. Many times they've been paid over market value. I know because I've done eminent domain appraisals for people, cities and counties in this area. Will we now reopen all of those cases? Bet I could find the descendants of the other nearby lots taken by eminent domain. I could also find the owners of other eminent domain proceedings such as Dodger Stadium, all the freeways, schools, parks, animal shelters... Not all of those were 100% legal actions. Some were taken for one purpose then used for another like the South LA animal shelter. I was on the Prop F Committee when that happened.

And if we're really going to right some wrongs, we need to give all the land in the US back to the Native American Indians. We also need to give land back to Latinos, Asians ... who lost it through forced repatriation and other horrible acts by the government. Otherwise it's a bit discriminatory to pick and choose which person gets reparations for eminent domain transactions and which doesn't. Of course the government couldn't afford that so it's all moot. 


Below is the county plan to return the property.

"County staff has negotiated a transfer agreement to return the Property to the
Bruces ("Transfer Agreement"), and a 24-month lease agreement, with an annual rent of
$413,000 plus responsibility for all operation and maintenance costs, to lease the
Property back to the County ("Lease Agreement"). The Lease Agreement includes the
Bruces' right to require the County to acquire the Property within a certain timeframe, and
the County's right to require the Bruces' to sell the Property to the County within a certain
timeframe, for a purchase price not to exceed $20 million. The annual rental amount is
supported by an economic analysis. The purchase price has been confirmed by
appraisals to be equivalent to or less than fair market value..."

There was a lawsuit case #21STCV38353


Another doc.


I tried to find the actual appraisal but couldn't. I may request it in a state information act request. I agree with their value but I just want to see it. 

UPDATE: As expected many people now want to revisit their sales, settlements, property transfers in eminent domain actions all over the US. Organizations such as "Where is my land?" have been started to accept and make claims to government for more money starting with California. If government were really serious, they should be giving the original owners of the land, Native Americans, their land back or cash value. There's already talk of revisiting the land sold via eminent domain for the many Los Angeles freeways such as the 101 and the 10. There is even talk of giving money to people who were merely tenants of that land and had no ownership interest whatsoever. Many politicians talking about this today are coincidentally currently running for office. 

I knew this case would cause many new claims. How will each claim be evaluated? What documents and proof will be needed? How will the properties, damages be evaluated? I did research on Bruce Beach, Chavez Ravine, 101/10 freeway eminent domain cases property values. Some were paid under market value, some market value and some over market value for their land when it transferred. Will they just be given today's value of the land or the land, or the difference in values minus cost of money over time? How far back in time will they go? Back to the time of the Native Americans? This will be a complex issue. 

ORIGINAL: In 1912 Willa Bruce bought her first of two lots in what is now Manhattan Beach. The lot was 33' x 100' located at what is now 2600 (2608) The Strand, Manhattan Beach, California. (Scroll down to see information about the property). She stated in 1912 that she paid $1,225 for the lot. Mrs. Bruce opened her beach stand selling food and renting bathing suits so people could enjoy themselves at the beach and swim in the ocean. At the time black people were not welcome at local beaches and did not own land there. Her beach stand became known as Bruce's Beach

The park which is currently named Bruce's Beach is not where Bruce's Beach used to be located. Bruce's Beach was located on The Strand on the beach. The park is located a few blocks away from the beach. Based on what's I've seen so far the two lots are about 33' x 100' or about 6,666 sf. combined. The lots are directly where the Los Angeles Lifeguard station is located. 

Below are some newspaper clippings in chronological ordered. I transcribed a few of them starting with one from 1912.

"COLORED PEOPLE'S RESORT MEETS WITH OPPOSITION. REDONDO BEACH. June 24. The establishment of a small summer resort for negroes at North Manhattan has created great agitation among the white property owners of adjoining land. The new summer resort which at present consists of a small portable cottage with a stand in front where soda pop and lunches are sold, and two dressing tents with shower baths and a supply of fifty bathing suits, was opened last Monday by the dusky proprietor and patronized by many colored people from Los Angeles. Yesterday when a good-sized Sun day crowd of pleasure seekers had gathered and donned their bathing suits to disport in the ocean, they were confronted by two deputy Constables who warned them against crossing the strip of land in front of Mrs. Bruce's property to reach the ocean. For a distance of over half a mile from Peck's pier to Twenty-fourth street, a strip of ocean frontage is owned by George H. Peck, who also owns several hundred acres of land in Manhattan in addition where Mrs Bruce's property is situated. This strip has been staked off and "no trespassing" signs put up and consequently the bathers yesterday could not get to the beach without walking beyond Peck's strip of ocean frontage. This small inconvenience, however, did not deter the bathers, on pleasure bent, from walking the half mile around Peck's land and spending the day swimming and jumping the breakers. All along the beach in front of the prohibitd strip which was patroled by the constables, the light hearted "cullud" people frolicked in the breakers or lay on the warm samd enjoying the sea breezes. 

Mrs. Bruce, a stout negress whose home is at No. 1024 Santa Fe avenue says most emphatically that she is there to stay, and that she will continue to rent her bathing suits to people of her race. She owns a lot on Manhattan avenue 33xl00 feet for which she paid $1225, a high price compared to the cost of near by lots. She says she purchased the property from Henry Willard, a real state dealer of Los Angeles. The entire next block in the Manhattan addition between Twenty- sixth and Twenty-seventh streets has been leased to Milton T. Lewis, a colored real estate dealer, by Willard. Lewis proposes to rent space for tents on this block to negroes who desire to come to the beach. 

The situation, as described by Mrs. Bruce, has a pathetic side, for she avers negroes cannot have bathing privileges at any of the bath-houses along the coast, and all they desire is a little resort of their own to which, they might go and enjoy the ocean. "Wherever we have tried to buy land for a beach resort we have been refused, but I own this land and I am going to keep it." She and her associates feel that it is unjust that they should not be allowed to "have a little breathing space" at the seaside where they might have a holiday. Her husband is a chef on a dining-car that runs between Salt Lake City and Los Angeles. Property-owners of the Caucasian, race who have property surrounding the new resort deplore the state of affairs, but will try to find a remedy, if the negroes try to stay." June 27, 1912 Part I, Los Angeles Times. 

June 19, 1919 Juneteenth picnic at Bruce's Beach.

Bruce's Beach, Bruce Beach, Willa Bruce, Charles Bruce, park, racism, black, african american, mary cummins, real estate appraiser, real estate, los angeles, california, kkk, whites, racist
Bruce's Beach, Bruce Beach, Willa Bruce, Charles Bruce, park, racism, black, african american, mary cummins, real estate appraiser, real estate, los angeles, california, kkk, whites, racist


Bruce's Beach, Bruce Beach, Willa Bruce, Charles Bruce, park, racism, black, african american, mary cummins, real estate appraiser, real estate, los angeles, california, kkk, whites, racist
Bruce's Beach, Bruce Beach, Willa Bruce, Charles Bruce, park, racism, black, african american, mary cummins, real estate appraiser, real estate, los angeles, california, kkk, whites, racist

1924 the City of Manhattan Beach voted to condemn Bruce's Beach to build a park. Condemnation proceedings began against the Bruces. This article below states it was racism and hatred against the Bruces and black people. I transcribed the article below the image of the article. The land ended up being vacant for 30 years and no park was built until many years later. They should have won the lawsuit but lost because of judicial corruption against black people. Must have been depressing to be a lawyer representing black people back in the day. Even today it's depressing trying to stand up for your rights in places with judicial corruption like good ole boy Texas and the South. 

December 26, 1924, California Eagle

Bruce's Beach, Bruce Beach, Willa Bruce, Charles Bruce, park, racism, black, african american, mary cummins, real estate appraiser, real estate, los angeles, california, kkk, whites, racist
Bruce's Beach, Bruce Beach, Willa Bruce, Charles Bruce, park, racism, black, african american, mary cummins, real estate appraiser, real estate, los angeles, california, kkk, whites, racist



"Bruce's Beach Fights Condemnation. Mr and Mrs Chas. A Bruce and their son, owners of Bruces Beach, are facing an action in the Superior Court filed by the City of Manhattan in which that city, seeks to condemn all the property owned by colored people at Manhattan Beach, under the pretext that it is to be named for a public park.

Bruces Beach. as it is commonly called is one of the best known resorts patronized by our people in the State of California, and many outings and parties have been held there during the past fourteen years the Bruces have maintained it. 

The Bruces have won an enviable reputation by reason of the upright and Chi??? conduct, and even their enemies at Manhattan Beach who are fostering the papers to confiscate this property under the guise of 'condemnation' proceedings, admit that their conduct has been exemplary and the management of the place of the highest order. 

Atty. Willis O. Tyler has been engaged to prosecute the defense of the Bruces and is preparing an answer to the Condemnation Proceedings in which he will set out the fact that racial prejudice is the real question to be tried and that there is no necessity for the condemnation of the Bruce' property for park purposes. In fact, says Atty. Tyler, there is much vacant-property on both the north  and south side of the property which could have been obtained and the fact that the city seeks to restrict its proposed park to the property owned by colored people duly is palpable attempt to use the condemnation proceedings as a ruse to carry out the race prejudice which has taken this particular form of objection to members of our group having the right to enjoy bathing in the Pacific ocean." 

Turns out the city condemned 30 lots total for the park, see the link below I just found. Five were owned by blacks and 25 were owned by whites. Some had shacks and some were vacant. Allegedly the amount of money paid for the land was more than market value at the time. This caused citizens to be upset that the city spent so much money over paying for the land for a park. The 1929 condemnation payments were for about $100 to $2,900 per lot. The Bruces received about $14,500 for the two lots of land in the condemnation process though their lots were improved. One person received $1,300 and another received $2,900 for one lot in the same block 5. These lots also faced the ocean and were right next to the Bruce's lot. Based on this settlement it appears the Bruces were paid over market for their land. It appears they were paid more than many of the white people. Still, they didn't want to sell and the city didn't build the park. It was an abuse of the condemnation process to run out the Bruces. I feel the white neighbors pressured the city to condemn the land for a park just to push the Bruces out of the area due to racism.

I found some land values from newspapers.com for PECK'S MANHATTAN BEACH TRACT. 1905 the land was offered for $350 to $800. At the same time someone else was offering them for $550 to $1,100. 1908 block 2 lot 11 sold for $10. 1907 lot 1 block 12 sold for $10. Based on what I'm seeing the Bruce's over paid for the property when they first bought it. I assume they were happy that someone would sell them the land as most wouldn't sell to black people at that time. Allegedly Peck sold two blocks to black people via a black real estate agent. The agent and Peck clearly ripped them off for profit. Peck also ripped off white people as it was a less desirable area. This area was farther from the pier and other development. That's why it was vacant for so long. That's probably why Peck allowed black people to buy it. Thank god things have improved though we are still far away from any real equality. The Bruce's paid $10 for their second lot in 1920 when they earlier paid $1,225 for their first identical directly adjacent lot.

I decided to do a historical evaluation of the land as of 1929 when the Bruce's were paid for the land. Lots were still asking $375 from George H. Peck. That's the same price he was asking in 1905. He didn't get it in 1905 and doubt he got asking in 1929. In 1926 the city of Manhattan Beach bought 36 lots on The Strand in a more desirable area north of the Bruce's lots for $75 a front foot from Peck. The Bruce's lots were 33' wide each so that would be $4,950. The Bruce's lots were in a much less desirable area farther from the pier and development. Even then the citizens of Manhattan Beach said the city paid too much for Peck's land. It appears Peck had a good "relationship" with the city for them to pay such a premium for his lots over others. 1929 ocean view lots on the sand in Manhattan Beach for $595 asking max. 

I stumbled upon other news items concerning the Manhattan Beach parks in 1929. The city was going to turn those sites into parks. They stated they couldn't afford to maintain the parks so they asked Los Angeles County to lease and maintain them as a county park. California had just offered $3,000,000 funding for cities, counties to buy land for parks from private parties. The county agreed to take over George H Peck's 1/2 long strip of The Strand June 1929. I think this may have been the strip of land Bruce's patrons were not allowed to cross over so they had to walk 1/2 mile up and around that strip to get to the ocean. That may be a different strip but it's the same sand strip in front of The Strand boardwalk which we now call "The Strand." Based on everything I've seen the Bruces were paid over market value for their land in 1929. Still, they didn't want to sell.  

This land used to be somewhat worthless as it was sand dunes. It was kind of like swamp land back in the day. The land speculators made a ton of money selling the land. Of course Peck liked selling them the land as he made out like a bandit. He over charged many people. Manhattan Beach eventually ended up hauling away the sand dunes and selling the sand to be used in construction elsewhere years later. There is only one sand dune left in Manhattan today.

Willie "Willa" Bruce died September 5, 1934 in Los Angeles, California. "BEACH OWNER PASSES Mrs. Willie Ann Bruce, proprietor of Bruces beach, passed away after a long illness - September 5 Funeral services were held from the First AME church, Eighth and Towne, with Rev. J. B. Isaacs officiating. She is survived by a son, daughter and grandson, all of Los Angeles."

Based on records she had five children but only one survived, her son Harvey Anthony Bruce who died in 1954. Harvey had two sons, Harvey and Bernard who are both dead. I assume they have children. 

Governor Gavin Newson signed Senate Bill SB 796 in 2021 allowing the State of California to allow Los Angeles County to give the land to the Bruce family. 

Information about the land and value

Based on everything I've read the two lots are 33' x 100' each. They are located at 2600 The Strand, Manhattan Beach, California 90266, see map below. The original address was 2608 The Strand, Redondo Beach, CA. The Los Angeles County Lifeguard Training Facility is located directly on top of the land. The County offered to give them the exact two lots or two lots in the parking lot directly next to them. The County also offered to continue to use the land and just pay them rent. 


Below are the parcels circled in red and a satellite image of the same. I don't know exactly which two parcels they are so I'll assume they are interior lots and not a corner. Update, first lot was lot 8 of block 5. They bought lot 9 for $10 in 1920. Both interior lots. The legal description of the entire site today which includes six lots is PECK'S MANHATTAN BEACH TRACT  LOTS 5,6,7,8,9 AND LOT 10. The Los Angeles County Tax Assessor number is 4177-024-901.



Below is a satellite image of the site. It's at the red tiled Lifeguard Training Center building. The Center and its parking lot are six lots. Two of the lots are the lots in question. 


There is more land located on the other side of The Strand which meets the sand. This is the strip of land which used to be owned by George Peck. That land is now owned by the county and Federal government. I think they may have taken it by condemnation. It makes you wonder if the county would have taken Bruce's land by condemnation for the Lifeguard Center years later if Manhattan hadn't taken the land for a park. Of course the Lifeguard Center only took the land because it was a vacant park.

I've appraised a lot of property in this area on The Strand. I don't think the two lots are worth $75,000,000. I pity whoever does the appraisal  because if they don't come in around $75,000,000, they'll probably be called a racist, get negative reviews on their business, death threats and maybe even some complaints against their license. I know that sites right next to those lots are single family homes and duplexes. The lot would have ended up single family zoned if it wasn't condemned for a park. The Bruces were living at the property. It was sold as lots for homes. I pulled all properties located on The Strand right next to the site sold within the last two years. Obviously there are no land sales. If we look at the cheapest home, duplex sales on The Strand with similar sized lots we can get the land value. 

2316 The Strand 5,715 sf lot with 5,500 sf 6 bed, 7 bath home sold 09/2021 for $16.5M newer home.

2508 The Strand 4,556 sf lot with 5,328 sf 4 bed, 5 bath home sold 09/2021 for $12.2M newer home.

2804 The Strand 3,481 sf lot with 3,469 sf 4 bed, 4 bath home listed for $16.4M didn't sell older home. 

2722 The Strand 6,927 sf lot with 6,000 sf 8 bed, 9 bath duplex sold for $17.7M 11/2020 built 1951 sold for land value as a double lot. 

2508 The Strand

Just for a high ballpark figure we can use 2508 The Strand one block away. This has a newer luxury quality amazing house on it and it just sold. If it were only land, it would have sold for $2,677/ft. Obviously the land is worth less than that because it has an amazing house on it. 6,666 sf Bruce Beach site x $2,677 is $17.8M. This would be the maximum, maximum the site would be worth today if it were sold on the open market.

Fortunately 2722 The Strand sold 11/2020 for $17.7M as a double lot development for land value. It's two blocks away. This is slightly larger than the Bruce site. Based on all I've seen the current market value for the site is somewhere about around $17.7M. This is not an appraisal as I have not inspected the site and don't know all the limitations and issues with the site. It might not be possible to build anything on the property today because of the California Coastal Commission, it's in a tsunami zone and low laying area. There could also be an issue because there's a lifeguard tower in front of the site. There is also the other piece of county land that is between the property and the beach/ocean. This is not waterfront property. If that's the case, they should just rent the site to the County Lifeguard Center as is. If they try to develop it or sell it for development, I see a lot of litigation, costs and hassles by neighbors and government agencies. 

It'll be interesting to see if this opens up the flood gates for more people wanting back the land they sold, gave away, had condemned, stolen by the government years ago. I could really see Native American Indians asking for their land back. Their land was stolen outright except for a few who sold though not on fair terms. Some original Mexican owners who owned the land after Native American Indians would also be entitled to some land as well. They had their land stolen or swindled from them. I could see others just wanting to renegotiate or take advantage of the huge increase in real estate values. 

UPDATE: A recent article stated the Los Angeles County Tax Assessor will be reappraising the property with "no zoning restrictions as is." I assume this will be for tax purposes of the assessor is appraising it. If they charge transfer tax or capital gains, there will be a huge tax. They'd have to sell or lease it back instantly. No zoning restrictions means it could be used as commercial, retail, hotel ... anything. I appraised it as it's most likely zoning which is residential. It would be worth more with no zoning restrictions. As they are only two small interior lots bounded by the Life Guard building and parking lot there is no way they would really build anything like a hotel or restaurant. With the Coastal Commission, single family neighbors, NIMBYs and others I doubt they could build anything other than residential. At that point I think the Life Guard would have to move the center entirely. 

Just found this great history of the Bruce's and their land after I wrote the article.

https://www.manhattanbeach.gov/home/showpublisheddocument?id=46093

Nice Powerpoint presentation

https://www.manhattanbeach.gov/home/showpublisheddocument/44319/637333659463800000

Here is a thesis someone wrote about Bruce's Beach from 1956. 

https://scholarworks.calstate.edu/downloads/xk81jm67x

Los Angeles County report on how the land would be returned. They suggest maybe swapping some land in the park for the two lots. Many suggestions. 

http://file.lacounty.gov/SDSInter/bos/bc/1109402_BoardMemo-ReturningBruce_sBeachtoitsRightfulOwners-6-30-21.pdf

Here's a map of tract 8867 which shows people used to own the lots basically on the sand west of The Strand. All that land now belongs to the government as the high tide lines have changed. 

https://pw.lacounty.gov/sur/nas/landrecords/tract/MB0115/TR0115-082.pdf

Another old plat map before the area was further subdivided 

https://pw.lacounty.gov/sur/nas/landrecords/tract/MB0028/TR0028-041.pdf

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

Wednesday, August 26, 2020

Black homeowner claims discrimination, low appraisal in real estate appraisal - Real estate appraiser, reviewer with 35+ years responds - Mary Cummins


UPDATE: 04/29/2022 Black Knight in the news again. Seems they're releasing "positive" press in order to increase their value for sale. I personally feel any company who uses the false racist appraiser narrative must have some underlying issues. Better Mortgage used the same false narrative and they will probably soon be out of business. 


04/25/2022 Abena Sanders Horton works for Black Knight. Black Knight just sent out a press release. They want to sell a service in which they consider racial demographics of the area of comparable sales, i.e. "located in a census tract with a dissimilar demographic composition." We are not allowed to consider race or racial makeup in our appraisals. This would be illegal. They want to influence appraisal values. People have gone too far using the false racist appraiser narrative trying to make money. If anyone is interested in appraisal values, compare the appraisal value against a variety of AVMs. We should never consider racial makeup or demographic factors of the area. This company is asking to add back in the factors which were removed from redlining. They were removed because people felt it was discriminatory. Now they want to add them back for money. 

This makes me think the false "racist appraisal" was just a set up and media stunt to get attention for Abena Sanders Horton and BlackKnight so they could make money. Follow the money. 

January 29, 2022. HUD just replied with their standard sic copy/paste reply. They force me to make repeat FOIA requests. Other government agencies have never forced me to do that before in the last 30 years. I will continue to make them and continue to follow up. 

The complaint will be dismissed because the homeowners/borrowers were not the intended user of the report. Beyond that they would also have to show and prove discrimination. They would have to show that they were treated differently than other clients of the appraiser. Based on my research below they were not low balled. They also were not denied a loan. 

"This letter is in response to your Freedom of Information Act (FOIA) request dated and
received in the Department’s FOIA Branch on January 5, 2022. You asked for copies of all
complaints, documents, emails, letters, and faxes to/from within the Department of Housing and
Urban Development, US Government, FHCCI, Richard Horton, Abena Patrice Sanders Horton which
mention anything related to the Fair Housing complaint and all attachments alleging racial
discrimination in the appraisal of 4132 Sherwood, Jacksonville, Florida.

Your request is denied in full. The information you have requested is being withheld in its’
entirety pursuant to Exemption 7(a) of the FOIA, 5 U.S.C. § 552(b)(7)(a) because this is an open
and ongoing case therefore no documents are provided. Exemption 7(a) withholds documents that
comprise investigatory records or information compiled for law enforcement purposes, release of
which could reasonably be expected to interfere with enforcement proceedings. In addition to
Exemption 7(a) documents contained within the investigative file are also being withheld pursuant
to Exemption 5 and 6 of the FOIA, 5 U.S.C. § 552(b)(5) & (b)(6).

Please note that in your FOIA request you also asked that our office provide you records
when the investigation is completed or ended or indefinitely. Please be advised that FOIA requests
cannot be let open indefinitely, therefore, your FOIA request is closed. You may resubmit your
FOIA request at a later date once the case is closed."

UPDATE: January 5, 2022 Abena Sanders Horton has a new career to make money. This is what the complaint is really about, i.e. more press. https://www.abenahorton.com/ You can book her to talk about discrimination. She claims to be an "anti-discrimination expert." 

"Legal Media Correspondent. Anti-Discrimination  Change Agent." carla@carlamechele.com ? = Book Abena Horton 

"Abena is featured along with husband Alex Horton in this story for Nightline with Diane Sawyer. The Hortons' story went viral after the interracial couple "removed all blackness" from their home and saw more than a $100K increase in a second appraisal. This report is part of "Turning Point," a groundbreaking series by ABC News examining the racial reckoning sweeping the United States and exploring whether it can lead to lasting reconciliation."

"Days after the Horton's story aired on Nightline, The Appraisal Foundation, authorized by Congress as a source of Appraisal Standards and Appraiser Qualifications, issued a release announcing a coalition of organizations standing together to ensure the appraisal process is free of bias. 

The Appraisal Institute, American Society of Appraisers, American Society of Farm Managers and Rural Appraisers, and the Massachusetts Board of Real Estate Appraisers announced a concerted effort to combat unconscious bias and discrimination. The coalition pledged to develop training programs that cover issues of bias as well as connect the appraisal community with thought leaders on unconscious prejudices. 

A Housing Newswire story cites the Horton's story as a catalyst for this pledge."

She lied about the news release. The Appraisal Institute is not the Appraisal Foundation. AI has nothing to do with the government. AI stopped working with the Foundation in 2010 in order to preserve their independence and promote their mission which is appraisers and appraising. 

Even if AI wanted to do something about appraisers, they can't. They are not the government. They can't make or enforce rules or regulations. They only represent a small handful of wealthier white male appraisers. It costs $15,000 to become an AI MAI Appraiser.

Abena Horton wants people to think she is the reason for a campaign promise made by Joe Biden in 2018-2020. Biden was talking about homes values and appraisers during his campaign because of Andre Perry's false and misleading non-peer reviewed and non-published paper. That research was based on robots and not appraisers. The only thing his paper showed is the fact that whites make more money than blacks just like men make more money than women. For that reason white owned homes are worth more than black owned homes. People buy what they can afford. This really shows Abena Horton's agenda. And if people want to fix the wealth gap, they need to help black and brown people make as much money as white people, same with women versus men. 

UPDATE: January 4, 2022 I just heard they filed a complaint to HUD. I will send in a FOIA request. Abena Patrice Sanders Horton is an attorney. Odd she didn't just file a lawsuit. I assume it's because she knows she has no legal standing and the case would be frivolous.

UPDATE: The author of the article removed some of the false racist accusations. They removed the name of an appraiser they misquoted. They also removed the false statements by Andre Perry. I wrote a letter and article in reply to Andre Perry's false and misleading statements he made about appraisers, appraisals and real estate to the Finance Committee last year. The author clearly received many, many letters from people about this extremely misleading and reckless article. This is not the time to be making false claims of racism. There's enough actual racism out there. Below is the article refuting Andre Perry's false claims.


UPDATE: After doing some research this is partially busted. I'd need to see the appraisals to make a true determination if the first appraiser came in low. I obviously can't determine if the first appraiser was racist or acted in a racist manner. We don't even know if the appraised value stated by the owner was the actual appraised value. I have not and am not appraising this property. There are issues here. I posted some comps below pulled by a robot and not me. Yes, racism exists and some appraisers are racists. That doesn't mean every loan rejection is caused by an intentionally low appraisal made by a racist who acted in a racist manner.

First a word about robot appraisals. They are not good indicators of value. The robot hasn't seen the property. The robot doesn't know condition of the property, view and many other very important factors. The robot pulls comps based on a basic math formula. It does not choose the most similar comparables.  That said I'm including robot appraisals only because there is no way anyone can claim racism, bias, discrimination with a robot. It's also just to show a range. Here is a saying among appraisers about robot appraisals such as Zillow. "The 'a' in 'Zillow' is for 'accuracy.'"

The original appraisal came in at the range given by four different robot appraisals for the property. The final appraisal came in higher. See the four main robot estimates below. The robot appraisals were based on the false larger size so they are even higher than they should be. Robots are software programs. They definitely do not consider the race or anything about the owner. They don't see the property. They know nothing about the interior. 

It's not a 4 bed, 4 bath home legally. It's 3 bed, 2.5 baths. That makes a big difference. The size in the MLS is larger than legal. Some estimates are based on the false larger size. You can't include unpermitted additions with most lenders because building and safety can force them to remove unpermitted additions. You have to choose comps based on legal size, bed/bath count of subject only. 

It has a funky addition which doesn't appear to be permitted. It's on a double corner lot closer to the main highway and commercial area. These can be negatives. 

It was not a bank loan but a credit union loan and a credit line. There are different requirements for credit union loans than bank loans. Based on my experience credit unions aren't as picky. The couple got a 15 yr loan which is generally for riskier borrowers and what appears to be another line of credit on the property. They took cash out. Banks need to see a higher loan to value to do a refinance and get cash out. Sounds like they didn't get the loan first time around which could be based on credit, income, length of time at current job... I have no information to verify this though I do have their loan documents and loan agreement. 

I mention racial makeup of the area because the owners said it's a "predominantly white area." The area is not "predominantly white." If we go by % only then yes, whites are predominant at over half or 51% in this area. Whites are 51%, blacks 30%, Asians, Hispanics, mixed make up the rest. See chart below. In my area "predominant" is considered 85% or more. Also, the wife is black and husband is white. Did the appraiser only discriminate against the wife? 

Below is information about the property. It's all public information. 

They just refinanced July 18, 2020. They bought the 3 bed, 3 bath, 2,512 sf home built 1951 on a 21,586 sf lot 4132 Sherwood, Jacksonville, Florida for $295,000 July 19, 2017. There is what appears to be a $60,000 second. It's assessed at $308,000. Lot: 5  Block: 3  Map Ref: PM6505 Abbreviated Description: Assessor 100746-0000 Legal LOT:5 BLK:3 UNIT:1 SUBD:ORTEGA FOREST UNIT 01 SEC/TWN/RNG/MER:SEC 09 TWN 03S RNG 26E 19-22 09-3S-26E ORTEGA FOREST UNIT 1 LOT 5 BLK 3 MAP REF:PM6505. They got a $292,000 first 15 years from a credit union Coastline FCU, not a bank. They publicly listed their names, Abena Sanford Horton and Richard Alex Horton, and address. I'd still like to see the appraisals. If a local appraiser can run some comps, that'd be great. I'm in California and not Florida.

Below is the Zillow estimate $366,000 to $448,000 with $407,171 estimate. It looks like they are pulling the false larger MLS bed/bath count and size which appears to be more than legal. That could cause a big difference right there.


Redfin says it's worth $342,000.


Movoto says $324,000.


Real AVM score.

$424,300
Confidence Score
68
RealAVM™ Range
$373,384 - $475,216

Here is the racial makeup of this neighborhood based on the address.White 51%, Black 31%, Hispanic 10%, Asian 5%, 2+ races 2.6%, other .4%. African American isn't the minority here. The minorities are Hispanic, Asian, other and mixed. While whites are listed at 51% which is more than 50% it's not 85-95% white which is generally considered a "white majority" in my area. 

This is from the MLS when they bought it. I see some issues, i.e. unpermitted extra large bedroom, bathroom and double corner lot. 

"Property Overview - Two blocks off the river and in the popular Stockton School District in Ortega Forest, sits a 4 bedroom home with the most beautiful wooded, double corner lot waiting for new owners to call it ''Home''. And if you absolutely love your a Mother-in-Law, there is a suite just for her! But if not, then you have 2 Master Bedrooms! Some of the other Main Features include an over-sized 2-car garage, wood floors in most of the house, interior recently painted, a very large terrazzo-floored Florida Room, wet bar, tiled sunroom, french doors and a large awning-covered back patio. You need to come see this, because with just a tiny bit of TLC, it could be yours!"

The first appraisal allegedly came in at $330,000 when owners thought it was worth $450,000. $330,000 is in ballpark of the robot appraisals. The area is not $350,000 to $550,000. High is $480,000. Allegedly the second appraisal came in at $465,000. We still don't have the appraisals so we don't know the values of the appraisals. This is all speculation.

Below are some comps pulled by a robot and not me. They were pulled after the Hortons got their loan. We have to throw out comp 1 and 12. One because it's newer and 12 because it's right on the river, has a boat dock and larger. 4693 Ivanhoe is much larger, has been renovated and is farther from the main street. It also came in higher. Look at comp 3, 4336 Sherwood. This is on the same street but an inner lot closer to the river and away from the major road and highway. It closed after they got their loan. In appraising we can never appraise over the highest current sold comp. It's possible there just weren't similar enough comps that had closed when they had their house appraised. 


Below is a satellite image of the subject. You can clearly see why there would be a large variation in values due to location on the water or near a major highway and commercial zone. Subject is located closer to the main highway and commercial area than higher comps which are located closer to the river.





Abena Sanders Horton is an attorney? Maybe she threatened to sue the Credit Union if she didn't get the loan she wanted. I've seen it many times. I can't find her original post online. Perhaps she deleted it when the scrutiny started. A lot of people post iffy things then they blow up.


ORIGINAL: Few weeks ago an article came out about appraisers allegedly discriminating against black homeowners in real estate appraisals appraising them below market value. The non-peer reviewed "research" it was based upon was faulty. I've been writing a response but have had major computer issues so I have been putting it off.

In the meantime some people are jumping on that misleading "research" stating they've been discriminated against in real estate appraisals of their home. I'm sure there are a few bad apple racist appraisers who may not appraise homes properly. That said there are many regulations and rules which prevent this.

Below is link to an article where a homeowner states their home was appraised 40% below market value due to their race. 


I've been a real estate appraiser over 35 years including a review appraiser. I review other appraisers appraisals for banks. The homeowners need to post the address and both appraisals so appraisers can review this appraisal.  Real estate appraising is based on a math formula just like robot appraisals. Not only do we never consider who owns, lives in the home or decor, we must and do blur out all people and photos/paintings of people, religious articles, some other personal items in the photos in the appraisal. This includes comp photos. It's the law and we all do it. No appraisal gets past the Appraisal Management Company and gets to the bank without following these rules.Homeowners don't have to remove photos or personal items from their homes. Appraisers remove them digitally. Look at your appraisal.

I think some people are jumping on the misleading and incorrect "research" someone posted recently about black appraisals coming in low just to get attention. Appraisers may vary by 5% and still be within proper parameters. If an appraiser is appraising a tract home in a median home value area, any variance should be minuscule like one percent. The property should appraise itself. To vary by 40% is criminal. If that is true, that appraiser should lose their license and go to prison. Not only that but the Appraisal Management Company would have caught and stopped a poor quality appraisal before it was submitted to the bank. 

Real estate appraisal is based on the theory of matched pairs. Our goal is to find an identical property to the subject which has sold very recently on the open market. This is rarely possible so we find the most similar properties and adjust for the differences in size, location, view, amenities, upgrades, time and market. 

Below is the real estate appraisal math formula, equation. It's similar to what is used by robot appraisals such as Zillow, RealValue...

An appraiser first researches the condition, amenities, location, size, bed/bath count, view, upgrades... of the home, subject property. The most similar comparable sold and listed properties are then searched. We generally use at least three comparables sold within three months, one listed comp under contract and one active listed comp. The formula is as follows:

1. Properties +/-15% difference in Gross Living Area (GLA) with similar bed/bath count, view, amenities, age, condition, upgrades, location... 

GLA is the legal permitted size of the subject property. It does not include garages, patios, decks, balconies, stairwells, open areas, breezeways, unfinished attics, basements, unpermitted additions, guest houses, ADUs... Basements, guest houses, ADUs will be added in the comp grid as an "other" amenity. Unpermitted additions including unpermitted attic conversion generally can't be used in search parameter or given credit in the appraisal. The theory is Building and Safety can order the home order to remove it. The items are still mentioned, photographed in the report.

2. Properties within 1/2 mile radius or another similar area. It could be a square, other area based on known neighborhood boundaries of the subject property.

3. Properties sold within last three months or six months if no properties sold within last three months, active listings and under contract listings. 

After we have searched using the above parameters we then chose THE MOST SIMILAR SOLD/ACTIVE COMPARABLES TO THE SUBJECT PROPERTY.     

The appraiser then takes these comps and puts them in the grid in the appraisal.  We then adjust for the differences among the properties. Our adjustments are based on matched pairs analysis. Again, it's math, the same math computer appraisal software uses.

For instance, subject has three beds when sold comp 1 only has two beds. We figure out the value adjustment, market response to three beds verses two beds. I'm paraphrasing this for lay people because advanced statistics is involved. This is oversimplification of the process. DO NOT QUOTE OUT OF CONTEXT. We do this (paraphrased) by two searches where all parameters are the same except bed count. One search is for three beds, one is for two beds. Using statistics one can see the market reaction, value of three beds verses two. The third bed could add $20,000 value to the home. It varies by property. We do this with every line item for every property in the grid. 

This isn't my grid. I intentionally did not use one of my grids. I'm not commenting on their adjustments.


   

Per Fannie Mae we can't vary more than a certain % for each line item and total line items i.e. "adjustments must not exceed 10% for line items, 15% for net adjustments, and 25% for gross adjustments." This does not mean we can vary 20% on the actual valuation of the property! This ensures the comparables are truly comparable. The goal is no adjustments. This happens quite often with new to newish tract homes and condos. This makes appraisers very, very, very happy. The numbers do our work for us.

Some may ask why not use robot appraisal software so there's no human bias at all. Because you need to inspect, measure, photograph the home. Robot appraisals only work on newer identical tract homes and condos in good condition with the exact same amenities. They don't work for custom homes, view homes, upgraded homes, hillside homes, homes in poor condition, very old homes, condo unit in good/bad location in project... In my area of Los Angeles this is most homes. 

I've seen many people get upset at a home appraisal that came in lower than desired or being denied a loan due to credit. They frequently state it must be discrimination against age, sex, sexual orientation, color, religion... The appraiser, underwriter, AMC, bank...generally don't know any of these factors about the borrower. They only know home value and credit. Yes, there are racists in this industry like all the others. It doesn't mean that every loan denial is based on racism. 

Getting back to the original article I would like to see both appraisals. The homeowner should post them immediately or retract their statements. No living sane appraiser would come in 40% below "actual value." An AMC would catch it before it ever got to the bank or homeowner. There is a lot more going on here. 



Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.


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