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 lawsuit. Show all posts
Showing posts with label lawsuit. Show all posts

Monday, July 8, 2024

Apprasal BuzzCast with Hal Humphreys, Peter Christensen - Two Case of Alleged Appraiser Bias, Malpractice by Mary Cummins Real Estate Appraiser

jim morrison, hal humphreys, peter christensen, appraisal, real estate appraisal, appraiser, los angeles, california, mary cummins, lawsuit, bias, discrimination, hud

Appraisal Buzz has a good video on their The Appraisal BuzzCast with real estate appraiser Hal Humphreys and lawyer Peter Christensen talking about recent real estate appraisal lawsuits. The episode is July 3, 2024.

https://www.youtube.com/watch?v=rQQ2gbWj5x0

The video discusses two recent appraisal lawsuits and Peter Christensen's upcoming class in August at Valuation Expo. Peter Christensen said right now there are about 11 real estate appraisal bias lawsuits. HUD hasn't decided on 200 plus investigations. 

The first case is in Chattanooga, Tennessee. An appraiser appraised a house for a purchase borrower. The home was under renovation and not complete. The value came in below contract so the borrower couldn't buy the home. A month later after the property was complete and finished another borrower tried to buy the property. He was given a copy of the old appraisal. The new potential lender was a credit union. They ended up hiring the same appraiser who just appraised it a month earlier. That appraiser did not reinspect the now finished property. They just changed the effective date and lender. They stated they reinspected the property when they didn't. They came in at the same older value.

The borrower contacted the credit union who basically said just deal with the low value. Borrower went to another lender, got a new higher appraisal, got the loan and closed on it. That borrower then sued, complained about the appraiser and the lender. Appraiser was sued for of course lying about inspecting besides a million USPAP and other violations. The lender was sued for not reporting the appraiser to state board. 

That appraiser was absolutely in the wrong and deserved to be sued. He must have been pressured by the lender. Otherwise why not go back out especially when it wasn't finished a month earlier. Of course it will look different. Stupid appraiser. I didn't know lenders could be sued for not reporting an appraiser. 

The second case is in Los Angeles, California which I'd heard about. It involves a black ex football player and his wife a retired accountant. It involves four appraisers in a reverse mortgage. There were two "acceptable to the borrower" higher appraisals. Home must be valued over $1,000,000 to need two appraisals Then there were two review appraisals which came in 25% lower. Then there were two more review appraisals which also came in 25% lower. All the lower appraisers are being sued for racial discrimination and bias.

I haven't seen any appraisals but I heard about the values. Based on my experience the lower appraisals are more likely to be accurate. There is no reason to lowball an appraisal value. You could be sued for bias by the borrower. This is why appraisers are more likely to come in higher than market value. Maybe the higher appraisers were biased positively because the guy was an ex football player? Maybe they came in higher because the borrowers are black? The review appraisers don't see the people. They don't see any personal photos because they're all blurred. How would they ever know race, color, gender...of the borrower? How can they be biased based on factors they don't even know? I wish I knew more about the case. 

Just found this on Peter Christensen's LinkedIn page.

"In this new case, a retired NFL player and his wife have filed fair housing discrimination legal claims. The claims involve multiple appraisals/appraisal reviews for the purpose of a proposed reverse mortgage. There are 9 appraisals/reviews performed by different appraisers from November 2020 to August 2021 identified in the case. The value opinions of the suburban home range from $1.5m to $3.15m.* The borrowers allege that the low values in that range, which prevented their reverse mortgage, stem from bias based on their race and on the predominant race in their neighborhood. As reflected in the snippet below from their court complaint, they filed a HUD complaint in January 2022 and waited for a result for more than 2 years - until finally withdrawing the HUD complaint in April 2024 to pursue a civil action in state court.

* For the curious, here are the values/dates of value in the 9 different appraisers' reports: 

 > 11/18/20: $3.1m

 > 1/13/21 (4 reports with same date of value): $3.1m, $2.6, $2.5m, $1.5m

 > 1/26/21: $2.5m

 > 6/3/21: $3.15m

 > 6/20/21: $3.1m

 > 8/20/21: $3.1m " 

That's a huge range of values. I definitely see why they were concerned. Looks like some appraisers used bad comps? I'll update this if I find out more about the case.

Hal Humphreys had some good and obvious suggestions so you don't get sued as an appraiser. Peter agreed with him. Be nice, receptive to person's input and do the absolute best and most thorough appraisal possible. Peter said sometimes if an appraiser is rude, short or rushed, it may come across as biased or racist even if the appraiser treats everyone that way. Peter said "kindness matters." If they tell you, you got the sf wrong, listen to them. Make changes if warranted. Talk to them about the process. This will eliminate a lot of problems. I absolutely agree. I must state that some AMCs instruct appraisers not to "chit chat" with borrowers, people at the property.

I've thought about how to avoid problems as an appraiser. Obviously, be nice, courteous and receptive. When I'm in a situation where I'm appraising a complex appraisal say in an area going through revitalization, near an area with much higher prices or where home values vary greatly, I explain things in layman's terms. I will state why I didn't use certain comps and why. If the home next door sold for 50% more, I will mention it and why I didn't use it, i.e. double the size, fully remodeled, pool, ADU... If the subject is on a busy highway and homes nearby on cul-de-sacs sell for 50% more, I'll mention them and state why I didn't use the comps. Not all borrowers are incredibly real estate savvy. As it is our appraisal forms are confusing even with the definitions page. There's a lot of abbreviations, codes, rating numbers/letters... Some sections like "condition" are confusing. I always tell them to call me if they have any questions. Make sure you reply to their calls. 

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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Wednesday, May 22, 2024

Elvis Presley Graceland case - Danielle R Keough V Naussany Investments - Foreclosure Denied by Mary Cummins

case CH-24-0632, mary cummins, real estate appraiser, elvis presley, graceland, foreclosure, naussany, danielle keough, fraud, default, loan, lawsuit, claim, complaint, court
case CH-24-0632, mary cummins, real estate appraiser, elvis presley, graceland, foreclosure, gregory naussany, danielle keough, fraud, default, loan, lawsuit, claim, complaint, court

False real estate claims happen all the time as this foreclosure case against the heirs of Elvis Presley and the Graceland estate clearly shows. In summary Naussany Investments claims Lisa Marie Presley borrowed $3,800,000 from them using the Graceland Estate as collateral. Naussany claims the money was not repaid so they began foreclosure proceedings. The estate then filed an injunction to stop the foreclosure sale. The estate stated the claim was fraudulent and provided evidence. The estate claimed no deed of trust was ever filed and the notaries on the documents claimed to have never met Presley. On top of this no notice of default or default was filed with the county before the foreclosure auction was set.  Naussany then dropped all claims against the estate. 

This attempted real estate fraud was as sloppy as those Nigerian emails claiming you have inherited $10,000,000 now just give me your banking info. Even the emails are filled with spelling and grammatical errors. I don't know how the fraudsters ever thought they could pull off this scam on the Graceland estate which has a team of lawyers. The scammers never had a chance. I'd be great if they'd be charged criminally for forgery, fraud, attempted real estate theft but the fraudsters are in Florida while the case was filed in Shelby County, Tennessee. Doubt anyone wants to do the work to file a case across a few states. Update, TMZ stated the FBI is looking into it.We'll see if they actually do anything. 

Below is a link to the Motion filed by Danielle Keough for the Promenade Trust which owns Graceland Estate located at 3734 Elvis Presley Blvd, Memphis, Tennessee. The Defendant replied with only a fax requesting a continuance which was denied. 

https://interactive.localmemphis.com/pdfs/Graceland-Complaint-for-Declaratory-Judgement-and-Injuctive-Relief.pdf

case CH-24-0632, mary cummins, real estate appraiser, elvis presley, graceland, foreclosure, gregory naussany, danielle keough, fraud, default, loan, lawsuit, claim, complaint, court

The creditor claim is filed in Los Angeles Superior Court September 2023 after Lisa Marie died in Los Angeles County, California. It's linked above. It states the deed of trust will be filed if she defaults.That's not how deed of trusts work. You file them the second you make the loan. This way estate would have been notified if it were real. Fake creditor claims they will take 75% of what is owed if they send the check now. I wouldn't be surprised if the scammer sold this fake note to investors to make money. Why would anyone go public with such a pathetic scam job.


As I look at the cashier's checks I don't think they have been cashed. I believe the amount should be on the bottom right just like a regular check. Not positive about this. Checks are in link above.

Below is notice of foreclosure sale.


https://chancerydata.shelbycountytn.gov/chweb/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=CH-24-0632&begin_date=&end_date=

Below is the docket. The case was filed in Shelby County, Tennessee. The Judge is JOEDAE L. JENKINS. Since the case ended there were multiple requests for public records. I'm sure the media will be sharing them soon.

LAST ENTRY 23-MAY-2024

09:38 AM Order (T)  

Entry: ORDER GRANTING PLAINTIFF'S REQUEST FOR INJUNCTIVE RELIEF AND DENYING DEFENDANT'S MOTION FOR DENIAL OF DECLARATORY INJUNCTION AND TEMPORARY RESTRAINING ORDER

FULL DOCKET

Case ID: CH-24-0632

  Docket Start Date:  

  Docket Ending Date:  

Case Description

  Case ID: CH-24-0632 - DANIELLE R KEOUGH V NAUSSANY INVESTMENTS, ET AL -Non-jury Trial

  Filing Date: Wednesday, May 15th, 2024

  Type: DJ - Comp/Declaratory Judgment

  Status: BONDS - Bonds



Related Cases


No related cases were found.


Case Event Schedule


No case events were found.


Case Parties


Seq # Assoc Party End Date Type ID Name

1 Chancellor 30DK JENKINS, JOEDAE L.

Address: unavailable Aliases: none

 

2 Part PT3 Part 3

Address: unavailable Aliases: none

 

3 4 Plaintiff's Attorney 11823 GERMANY, JEFFREY D

Address: unavailable Aliases: none

 

4 3 Plaintiff @140836 KEOUGH, DANIELLE RILEY

Address: unavailable Aliases: none

 

5 Defendant @140837 NAUSSANY INVESTMENTS & PRIVATE LENDING LLC

Address: unavailable Aliases: none

 

6 Defendant @140838 UNKNOWN ENTITYS

Address: unavailable Aliases: none

 

7 Defendant @140839 NAUSSANY, KURT

Address: unavailable Aliases: none

 



Docket Entries


Filing Date Description Name Monetary

15-MAY-2024

09:10 AM Original complaint (T) GERMANY, JEFFREY D  

Entry: VERIFIED COMPLAINT FOR DECLARATORY JUDGEMENT AND INJUNCTIVE RELIEF INCLUDING A TEMPORARY RESTRAINING ORDER

 

15-MAY-2024

09:10 AM Process issued other (T) GERMANY, JEFFREY D  

Entry: SUMMONS ISSUED TO KURT NAUSSANY VIA CERTIFIED MAIL HANDED BACK TO ATTY FOR SERVICE

 

15-MAY-2024

09:10 AM Process issued other (T) GERMANY, JEFFREY D  

Entry: SUMMONS ISSUED TO NAUSSANY INVESTMENTS VIA CERTIFIED MAIL HANDED BACK FOR SERVICE

 

15-MAY-2024

09:25 AM PAYMENT RECEIVED GERMANY, JEFFREY D  

Entry: A Payment of -$291.50 was made on receipt CHCH140296.

 

15-MAY-2024

09:38 AM Case set (T)  

Entry: INJUNCTIVE RELIEF HEARING SET WED MAY 22, 2024 AT 9AM IN PERSON

 

15-MAY-2024

09:56 AM FIAT GERMANY, JEFFREY D  

Entry: FIAT SIGNED BY CHANCELLOR TRO BOND SET FOR $500.00 HEARING SET FOR: 5/22/24 9 AM

 

15-MAY-2024

09:56 AM Process issued other (T) GERMANY, JEFFREY D  

Entry: DOUBLE WRIT TRO & NOH ISSUED TO NASSUANY INVESTMENTS AND PRIVATE LENDING LLC VIA OTHER HANDED BACK TO ATTY FOR SERVICE

 

15-MAY-2024

09:57 AM Process issued other (T) GERMANY, JEFFREY D  

Entry: DOUBLE WRIT TRO & NOH ISSUED TO KURT NAUSSANY LLC VIA OTHER HANDED BACK TO ATTY FOR SERVICE

 

15-MAY-2024

09:58 AM Bond (T) GERMANY, JEFFREY D  

Entry: RESTRAINING BOND SIGNED FOR $500.00

 

20-MAY-2024

01:03 PM PAYMENT RECEIVED  

Entry: A Payment of -$31.57 was made on receipt CHCH140393.

 

20-MAY-2024

03:55 PM Request (T)  

Entry: PUBLIC RECORD REQUEST FORM

 

20-MAY-2024

04:06 PM Copies (T)  

Entry: The fee COP1 in the amount of 30.50 was added on CBAACCD.

 

20-MAY-2024

04:21 PM PAYMENT RECEIVED  

Entry: A Payment of -$31.57 was made on receipt CHCH140446.

 

22-MAY-2024

08:20 AM Motion (T) NAUSSANY INVESTMENTS & PRIVATE LENDING LLC,  

Entry: MOTION OF DENIAL FOR DECLARATORY INJUNCTION AND TEMPORARY RESTRAINING ORDER AND MOTION TO CONTINUE OR EXTEND TIME TO PRODUCE FAX FILED

 

22-MAY-2024

09:41 AM Granted (G)  

Entry: INJUNCTIVE RELIEF HEARING SET WED MAY 22, 2024 AT 9AM IN PERSON GRANTED

 

22-MAY-2024

10:44 AM PAYMENT RECEIVED  

Entry: A Payment of -$32.09 was made on receipt CHCH140471.

 

22-MAY-2024

10:48 AM Request (T)  

Entry: PUBLIC RECORD REQUEST

 

22-MAY-2024

11:22 AM Motion Denied  

Entry: MOTION OF DENIAL FOR DECLARATORY INJUNCTION AND TEMPORARY RESTRAINING ORDER AND MOTION TO CONTINUE OR EXTEND TIME TO PRODUCE DENIED

23-MAY-2024

09:38 AM Order (T)  

Entry: ORDER GRANTING PLAINTIFF'S REQUEST FOR INJUNCTIVE RELIEF AND DENYING DEFENDANT'S MOTION FOR DENIAL OF DECLARATORY INJUNCTION AND TEMPORARY RESTRAINING ORDER


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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Friday, February 16, 2024

The End of Buyer's Broker's Real Estate Commissions in Multiple Listing Services? by Mary Cummins Real Estate Appraiser


The 2020 Nosalek lawsuit filed in U.S. District Court in Boston alleged that MLS PIN, Keller Williams, RE/MAX, Anywhere, and HomeServices of America colluded to inflate real estate agent commissions. The suit claimed that the defendants agreed to rule changes including allowing compensation offers of $0 to buyer agents and proactively informing consumers that commissions are negotiable. 

The Department of Justice is examining whether the commissions system violates antitrust law. Today the DOJ stated sellers shouldn't offer any commission to buyer's brokers in the MLS. This will allegedly bring down the price of real estate commissions.

I personally feel buyer's agents will just include a 2.5% commission in the offers. It will be paid by proceeds of sale. Buyer, seller still paying a commission fee one way or another. Homes will be listed for the same prices. Commissions have always been negotiable. Appraisers have to read sales contracts for purchase appraisals. We see the negotiations all the time. I doubt things will change much unless flat fee buyers agents start popping up like flat fee selling agents who only list the property on the MLS. 

#realestatecommission #marycummins #realestateappraiser #realestatesales #realestateappraisal #realestate 

https://www.reuters.com/legal/government/justice-department-says-settlement-too-lax-real-estate-commission-case-2024-02-16/


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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Friday, August 25, 2023

Important Alleged Discrimination Case Against Wells Fargo, Comment by Mary Cummins

wells fargo, racial discrimination, lawsuit, cv 00990, mortgage discrimination, mary cummins, real estate appraiser, real estate appraisal, credit, black, latino, white,complaint
wells fargo, racial discrimination, lawsuit, cv 00990, mortgage discrimination, mary cummins, real estate appraiser, real estate appraisal, credit, black, latino, white,complaint

Peter Christensen just wrote an article about this very important legal case. Wells Fargo is being sued for racial discrimination for rejecting mortgages of some black, Latino applicants. The lawsuit is based on appraisals and credit. They cite Andre Perry's false and misleading paper as evidence. This looks like a shakedown lawsuit to get WF to cough up a few bucks "without admitting guilt." This is what the false narrative of the alleged racist appraiser and real estate industry has given us. The government promoting the false narrative for their political agenda has caused this frivolous lawsuit. We all know based on AEI's research that blacks, Latinos are more likely to be rejected for loans based on socioeconomic factors and appraisal value. Blacks, Latinos have less income, less wealth, lower credit scores which is why they buy less expensive homes in less expensive areas. 

"In March 2022, Bloomberg News published an article entitled “Wells Fargo Rejected Half Its Black Applicants in Mortgage Refinancing Boom” (registration required). Bloomberg’s researchers had combed through the data for 8 million conventional loan refinance applications in 2020 reported by lenders under the Home Mortgage Disclosure Act. The researchers saw stark differences in Wells Fargo’s approval rates for White, Black and Hispanic refinance applicants. They found that Wells Fargo approved 72% of applications from White applicants but only 47% from Black applicants. In contrast, Rocket Mortgage approved 86% of White applicants and 79% of Black applicants. For Hispanic borrowers, Wells Fargo’s approval rate was 53% versus a 79% industry average for Hispanics. Some might jump to an explanation here like “Black and Hispanic borrowers may not have the same average financial means as Whites.” Bloomberg’s research, however, showed that Wells Fargo’s approval rate was lower for Blacks in high income brackets than for Whites in low brackets.

After publication of the article, a half-dozen class actions were filed swiftly against Wells Fargo by Black and Hispanic borrowers who had been denied loans. The Federal District Court in Northern California consolidated these cases earlier this year under the new title In re Wells Fargo Mortgage Discrimination Litigation, U.S. District Court, N.D. Cal., Case No. 3:22-cv-00990.

The primary legal claims in the consolidated case are brought under the federal Fair Housing Act and Equal Credit Opportunity Act. And, the alleged damages could be substantial – borrowers denied loan refinances in 2020-2021 may have lost out on saving tens of thousands of dollars on their mortgages by being unable to lock in historically low interest rates. The operative complaint in the case principally alleges a story about disparate treatment and impact in Wells Fargo’s mortgage determinations, including the bank’s use of flawed “centralized, universal, race-infected lending algorithms” or “digital redlining.” But part of the plaintiffs’ theory is also based on alleged bias in the appraisals relied on by the bank.

Here’s a key allegation pertaining to appraisals:

Wells Fargo knowingly incorporates, without adjustment, appraisals that have been shaped by years of race-based valuation standards or appraisals affected by race-based criteria. Homes in majority Black neighborhoods are worth an average of 23% less than homes in neighborhoods with “very few or no Black residents” and of similar home quality. (Citing Dr. Andre Perry’s research at Brookings “The Devaluation of Assets in Black Neighborhoods.”).

As a result, the plaintiffs allege that “Wells Fargo’s discrimination . . . has forced those who received below-market appraisals from Wells Fargo to abandon the process with Wells Fargo and turn elsewhere.”

"Plaintiffs Aaron Braxton, Paul Martin, Gia Gray, Bryan Brown, Elretha Perkins, Christopher Williams, Ifeoma Ebo and Terah Kuykendall-Montoya, individually and as representatives of a nationwide class of similarly situated applicants for original purchase mortgage, refinance and other home mortgage loans (collectively, “Plaintiffs” or the “Class”), 

Go to the below link for the rest of this important article and lawsuit.

https://www.valuationlegal.com/2023/08/the-most-significant-appraisal-discrimination-case-doesnt-name-an-appraiser-as-a-defendant/

Copy of lawsuit from same site.

https://www.valuationlegal.com/wp-content/uploads/2023/08/In-re-Wells-Fargo-Discrimination-Amended-and-Consolidated-Complaint-Fair-Housing-ECOA-3-24-23.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

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Thursday, March 23, 2023

Biden Claims to Have "Fixed" the Alleged Racial Bias in Home Valuations but Didn't, by Mary Cummins




UPDATE: 03/24/23 Marcia Fudge just said the same thing in a video almost word for word. Notice how different her tone of voice is in this video compared to other videos. Here she is speaking slow, politely, calmly and even has an interesting accent which is very different than her normal speaking voice. She's not as sharp, condescending, abrasive, abusive or calling all appraisers and whites racists like she usually does. She is flat out lying when she says data proves that "appraisal bias is real." There is no data or research which proves that. There is research based on the government's data which proves it does not exist in the reports and valuations.
https://www.linkedin.com/company/hud/videos/native/urn:li:ugcPost:7044684730058895360/

ORIGINAL: Today the White House claimed they "fixed" the alleged "racial and ethnic bias in home valuations." They claim the Biden-Harris PAVE task force has "fixed" the "wealth gap" among whites and blacks, browns related to home value.  https://www.whitehouse.gov/briefing-room/statements-releases/2023/03/23/fact-sheet-biden-harris-administration-tackles-racial-and-ethnic-bias-in-home-valuations/ This is beyond misleading and couldn't be further from the truth.

Let me preface this by stating I'm a Latino Democrat woman who voted for Biden. I support Biden in most of his policies. I do not support his policies related to real estate appraisers and the appraisal industry. Biden, Harris merely created a non-existent problem to get black, brown votes. They stated they alone can fix the problem if elected. They formed the PAVE task force to fix the made up problem. Then they claimed they fixed the problem. Ta da! Pat on back. No easier problem to solve than a nonexistent one.

Nothing has really changed. The main reason is because the problem never existed. The "fixes" also already existed. Black, brown owned homes are worth less than white owned homes because of the income gap. It's a fact that blacks, browns make less money than whites. If you make less money, you have less money in general and less generational wealth. If you have less money, you buy a less expensive home than someone who makes more money. That less expensive home is in a less expensive area. Here is research provided to the PAVE task force which proves this https://www.aei.org/research-products/report/aei-housing-center-response-to-perry-and-rothwell-2021/ . Appraisers are not appraising the homes differently based on race! People who make less money also buy and own less expensive cars. Are car values also the fault of "biased" real estate appraisers?

The release states "In just 12 months, the PAVE Task Force has made critical progress towards fully implementing the Action Plan, including by empowering consumers with new tools and greater awareness of appraisal bias; leveraging data to identify trends and crack down on offenders of appraisal bias; and supporting a well-trained and dynamic appraiser profession." Let's take a look at these three areas of "success."

1. "Empowering consumers to take action against appraisal bias."

They claim borrowers can now file a Reconsideration of Value if they don't like the value. Borrowers have always been able to file a ROV! I've seen ROVs for at least 30 years. HUD stated they're giving $54,000,000 to private non-profits to help them educate the public about ROVs and related items. A huge waste of funds that should have been used to solve the income gap problem and actually help people. This also shows the agenda of the private nonprofits receiving the funds. They will support this flawed idea to get millions of dollars.

2. "Increasing transparency and leveraging federal data to inform policy and improve enforcement against appraisal bias."

They've released similar data for at least 20 years. This is how people have been able to do research on appraisals and home sales, values. This research on this "new" data proved there was no racial bias by appraisers. It also proved that the values are based on location. Remember the three biggest indicators of value are location, location, location. This data proved that the main correlation between home value and borrower is income and not race.

3. "Cultivating an appraiser profession that is well-trained and looks like the communities it serves. The Administration is taking steps to remove unnecessary educational and experience requirements that make it difficult for underrepresented groups to access the profession and to strengthen anti-bias, fair housing, and fair lending training of existing appraisers."

They proposed adding education on bias as part of license requirements and it's not even final yet. This was already a requirement and had been a requirement since at least 1989. Appraisers were talking about using different types of experience i.e. PAREA, to get a license long before Biden was elected or any talk of racial bias. The apprentice experience program is difficult for people of every color and race. They still have not finalized a change in the requirements for experience. While they talked about making appraisers more diverse there has not been an actual change in the diversity of appraisers. Luring black, brown people to become a new appraiser in a market with no business that requires three years minimum experience to get work is actually a cruel thing to do to lower income people.

Most upsetting in this puff release is they mention the Austin lawsuit in Marin, California, "Austins' home was appraised at roughly $500,000 more than its initial appraised value after having a white friend stand in for them. Earlier this month, the Tate-Austins settled a housing discrimination lawsuit." They forget to mention that the Defendant not only didn't admit wrong doing but there was no wrong doing on the part of the first appraiser. They assumed the second appraisal was correct when it wasn't. The first appraiser only settled because of legal fees and harassment which the Federal government encouraged and aided. Having a white friend stand in for them had no effect on value. They requested another appraiser and appraisal from the same AMC. That appraiser knew the borrower's target value and wanted to please the borrower for fear of a lawsuit and AMC, lender to keep getting work.

This entire issue of alleged bias in appraising is beyond frustrating, maddening and sad. It makes me wonder how many other fake problems were created in politics just to get votes. How many other "we fixed the problem!" statements were just fake puff statements like this one. The worst part is the administration hasn't helped the people who are suffering from the income gap among white and black, brown. It's clearly easier to call appraisers "racists" and blame them for the wealth gap than fix the real problem of income disparity.

*I'm using "black," "brown" because that is what the release states to be clear.

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 DISCLAIMER: https://mary--cummins.blogspot.com/p/disclaimer-privacy-policy-for-blogs-by.html

Wednesday, February 1, 2023

AMC, Lender Pressure Appraisers to Appraise Over Market Value in Violation of Law by Mary Cummins Appraiser

The lawsuit is "Naftali Horowitz v. Nicole Andrews, Fastapp AMC founder v. Fastapp. AMC president. Horowitz, Fastapp founder, filed a lawsuit in New York court on January 31, 2022 against defendant Andrews to, among other things, remove Andrews as an officer and director of the Company because, when he brought her on as shareholder in 2020, he claimed that she made certain false representations and promises that were never kept." The lawsuit is really about Nicole Andrews trying to get rid of Naftali Horowitz and take over the company per Horowitz. It's kind of messy because there are other accusations involved so we don't know the full, full truth.

This lawsuit is among principles in an Appraisal Management Company AMC Fastapp. They are suing each other because allegedly Nicole Andrews unethically pressured appraisers to hit target values. The purpose was to please the lender clients so they could close a loan to make money. When the lender makes money, the AMC makes money with more orders. One principle was allegedly worried about government enforcement actions. I personally believe both parties knew about this activity all along.

This is the stupidest lawsuit I've ever seen. Generally criminals like this would settle their grievances quietly so they don't all go to jail. It almost sounds like threats of extortion. Once the parties realized this looked bad publicly they reached a settlement a month later and the case was dismissed. Too late. All these juicy incriminating emails are now public. Nicole Andrews is still with the company per their website so... https://fastapp.com/

Generally when these value instances arise the parties are notified to call the office. These things are discussed on the phone and not in writing. It's shocking and beyond dumb these people put these things in writing.

This is why when appraisers come in at market value they sometimes get a complaint or sued for discrimination. A second willing to please "fixer" appraiser desperate for work will come in over market value making the borrower assume the first appraisal was too low and biased. The second appraisal is generally the wrong one over market value. It's the second appraiser that should be sued in all of these big "racial discrimination" media articles, complaints and lawsuits. I'm trying to get ahold of those second appraisals so I can report the appraisers so they can lose their license. They should go to prison for bank fraud along with the AMCs who approved those appraisals.

#realestateappraiser #realestate #appraiser #appraisal #AMC #DoddFrankAct #bias #discrimination https://appraisersblogs.com/alleged-violations-of-appraiser-independence-at-fastapp-amc

"The following court documents in the case Naftali Horowitz v. Nicole Andrews, Fastapp AMC founder v. Fastapp AMC president, confirm what appraisers have been saying all along, that if you want high-volume AMC work, you have to lower your fees to 1980’s level, have 24 hour turn times, and, above all, be a number hitter.

Horowitz, Fastapp founder, filed a lawsuit in New York court on January 31, 2022 against defendant Andrews to, among other things, remove Andrews as an officer and director of the Company because, when he brought her on as shareholder in 2020, he claimed that she made certain false representations and promises that were never kept. Horowitz is an individual residing in Brooklyn, New York, and is the founder, and, at all relevant times, a 49% shareholder Fastapp. Andrews is an individual residing in Newport Beach, California, and, at all relevant times, a 51% shareholder of Fastapp.

Horowitz claimed that Andrews engaged in conduct constituting potential violations of the Appraiser Independence Requirements under the Dodd-Frank Act of 2010 (“Dodd-Frank Act”), including unlawfully seeking to influence an appraiser to encourage a targeted value to facilitate the making or pricing of the transaction in violation of 15 U.S.C. § 1639e(b)(3). (See copies of emails in Exhibit 3)."

Read the article here with all the email exhibits. This has been happening forever. If you are a kiss ass AMC pleasing appraiser you will never have a complaint or lawsuit filed against you. 

https://appraisersblogs.com/alleged-violations-of-appraiser-independence-at-fastapp-amc

fastapp, nicole andrews, naftali horowitz, mary cummins,real estate appraiser, appraiser, appraisal, dodd frank, violations, appraiser independence, lawsuit
fastapp, nicole andrews, naftali horowitz, mary cummins,real estate appraiser, appraiser, appraisal, dodd frank, violations, appraiser independence, lawsuit


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 DISCLAIMER: https://mary--cummins.blogspot.com/p/disclaimer-privacy-policy-for-blogs-by.html

Monday, January 30, 2023

Maryland Lawsuit Alleged Racial Discrimination Real Estate Appraisal Nathan Connolly, Shani Mott by Mary Cummins

Shane Lanham, 20/20 Valuations Inc, Shani Mott, Nathan Connolly, real estate appraiser, appraisal, discrimination, maryland, 209 Churchwardens, Baltimore, Maryland 21212, lawsuit, complaint, defamation, Mary Cummins
Shane Lanham, 20/20 Valuations Inc, Shani Mott, Nathan Connolly, real estate appraiser, appraisal, discrimination, maryland, 209 Churchwardens, Baltimore, Maryland 21212, lawsuit, complaint, defamation, Mary Cummins

UPDATE 09/27/2024 From Desiree Mehbod via LinkedIn. https://www.linkedin.com/posts/desiree-mehbod-2676566b_vacap-supports-shane-lanhams-legal-fight-activity-7239249005879128064-kfAJ?utm_source=share&utm_medium=member_desktop

"The latest update from Shane Lanham's defamation case reveals that the discovery phase has concluded, with the plaintiffs retaining an "urban sociologist & race scholar", Junia Howell, as their expert witness, rather than an appraisal professional. This move suggests an attempt to shift the focus away from the specific appraisal in question & towards a broader analysis of Shane's historical valuation methods. To combat this strategy, Shane has retained the services of an expert from the American Enterprise Institute, who has experience in addressing the flaws in studies claiming appraisal bias. However, these additional legal expenses have increased the financial burden on Shane, underscoring the critical importance of the appraisal community rallying behind him & contributing to his GoFundMe campaign. As Shane emphasizes, this case is not just about him, but about protecting the integrity & reputation of the entire appraisal profession, making it a fight that concerns us all. The VIRGINIA COALITION OF APPRAISER PROFESSIONALS INC (VaCAP) has stepped up to support Shane, contributing $1,000 to his GoFundMe campaign & challenging other appraisal organizations to match their donation. This demonstrates VaCAP's steadfast commitment to defending Shane & upholding the integrity of the appraisal industry as a whole."

Junia Howell is a fraud. She promotes the same false idea as Andre Perry. She also promotes falsehoods about redlining and other issues. She knows nothing about appraisals. Glad Shane hired an AEI person. I wrote about her here. If I had money, I'd donate to Shane. Sadly I don't.

https://mary--cummins.blogspot.com/2023/01/appraisal-subcommittee-hearing-on.html

09/13/2024 Jeremy Bagott just wrote a good piece about this case.He'll post the link soon to mail chimp on his Twitter. I'll try to remember to come back here and update it. In the meantime here is his main Twitter link. https://x.com/jbagott

06/11/2024 Appraiser Shane Lanham is raising money for his legal fees for his counter suit. https://www.gofundme.com/f/raise-funds-for-trial? He stated recently that the second higher appraisal doesn't include a comp on a busy road like the subject. All the comps used have remodeled kitchen, baths unlike the subject. That easily explains the difference in value. It's as I predicted below.

03282024 Link to another article about case.

https://appraisersblogs.com/loandepot-appraisal-discrimination-settlement/

03272024 One Plaintiff Dr Mott passed away early March. There has been a settlement by the AMC. Lawyer Peter Christensen has the story. I agree with Peter that most Plaintiffs truly believe they have been discriminated against. They've probably been discriminated against based on their race in the past so they believe any discrepancy must be race discrimination. 

There is a confidential financial component to the settlement but publicly the AMC "loanDepot.com agreed to an extensive revamping of: (a) its reconsideration of value practices; (b) fair housing/non-discrimination training requirements; (c) statistical tracking of appraisal outcomes; and (d) contractual requirements for AMCs and appraisers." I personally feel this won't change anything in the real world. As AEI research has shown there is no discrimination or racial bias in real estate appraisals. It's a math formula. Based on my research the appraiser was correct and Plaintiffs in this case were wrong, see below for evidence.

https://www.linkedin.com/feed/update/urn:li:activity:7178159528901816320/

As far as I know the appraiser has not settled. 

UPDATE: Shane Lanham real estate appraiser with 20/20 Valuations Inc just sued homeowners Shani Mott and Nathan Connolly for defamation for their alleged false public claims about him. This is a countersuit to their United States District Court case 1:22-cv-02048-SAGU.S. District Court, District of Maryland (Baltimore). 

Shani Mott and Nathan Connolly sued Shane Lanham for racial discrimination based upon his real estate appraisal valuation of their home. They stated he intentionally appraised their home for less than market based on, due to their race, color because he is allegedly a "white racist." Below is the court information.

CIVIL DOCKET FOR CASE #: 1:22-cv-02048-SAG Connolly et al v. Lanham et al, Assigned to: Judge Stephanie A. Gallagher, Cause: 42:405 Fair Housing Act, Date Filed: 08/15/2022, Nature of Suit: 443 Civil Rights: Accomodations.

I read the original case last year but was too busy with other things to fully research it and write an article. I did do some research at that time. Based on my research the Plaintiffs over paid for their home when they originally bought it. It is not fully remodeled or upgraded. It's on a very busy highway. It's smaller with fewer beds, bath than MLS listings. 

It was on the market a while starting at $536K 04/2016 then $529K 06/2016 then $499 07/2016 then $479 10/2016 then sold $450 03/2017 a year later. 10% drop in list price. Sold 6% less than final list price. Just because you pay less than list doesn't mean it's a good price. You can still be paying over market value. It took a long time to sell because of condition, size, bed/bath count and location on a very busy road. These people intentionally bought almost the cheapest house in the neighborhood because it had major issues. Now they want it to be worth as much as the best home in the entire neighborhood. There is a more valuable neighborhood near the subject property neighborhood. The homeowners wanted the appraiser to only use fully remodeled larger sales in that more expensive neighborhood that are not on busy streets like subject. Those comps aren't similar to subject. They are superior. I agree with every argument made by appraiser Shane Lanham in his answer and counter claim. 

The busy street is a negative. Most people would NEVER buy a home on a busy multi-lane double lined highway. The issue is noise pollution, air pollution, safety because of cars and security. The subject also has fewer bedrooms, bathrooms than the higher sales. The original appraisal was seven months before the second appraisal. The market appreciated between the time of the first and second appraisal. 

We have not seen the second appraisal. Based on what I'm seeing it came in way too high. Maybe the appraiser was pressured by the lender, AMC or homeowners. Maybe he feared a complaint or lawsuit. Considering that the false narrative of the "racist white appraiser" has been amplified by the media I could understand that. I still would never come in at any value other than market value. That second appraiser's misleading value is the reason for the original frivolous, meritless lawsuit. 

Shane Lanham has been severely damaged. Look at the false online reviews against his business. I've read some articles and the comments are hateful. I bet he got death threats. I'm sure he's stressed to the max. I'm positive he lost business. His reputation has been destroyed. 

In these instances of alleged racism in appraisals you can't prove the results were the result of racism. You must prove that to win a lawsuit against an individual appraiser. It could be error, malpractice or totally explainable by facts like in this case and the other cases I've investigated. There is no evidence except the homeowner not liking the value. It's just someone's emotion. It feels that way to them in light of the current tension between some whites and some blacks, Latinos. Police brutality against blacks, Latinos like George Floyd, Tyre Nichols is flaming the tension. The misleading, misinterpreted paper by Andre Perry makes it worse. Politicians, some nonprofits, media promoting the false narrative of the racist appraiser to get votes, money for their department, donations for their nonprofit and ad revenue. It's also the existence of the very real income gap.  I'm sure some really feel the appraiser was racist because of their past experience with some whites, racism and what's happening in the media. Some are on the defensive. Still, one needs to separate emotion from facts. 

An example comes to mind. A black woman on LinkedIn said a white man told her to smile. She flew into a rage saying it was racist. She said the white man treated her like a black minstrel player that he wanted to entertain him. Ask any woman of any color and they will all tell you that guys have told them to smile. Happened to me and I have white skin. The real reason has nothing to do with race. Here's an article about it. I separated my emotion from fact and realized that I wasn't targeted because of my race, color, hair color, what I was wearing... It was because I was a female and the person telling me to smile was a guy.

I just did some robot appraisals. Mind you all of these are too high because robots don't know it's inferior condition, size and location on a busy street. AVMs will appraise these homes higher than market value for this reason. Knowing that all of the AVMs came in much lower than the second appraisal. That shows the second appraisal is the issue. Did their buddy do the second appraisal? Something is very wrong there. The only time an appraiser should come in higher than robots is when the subject is vastly superior in quality, upgrades, condition, view, specific location or some other factor. This property should come in lower than robots for that reason. 

First appraisal was on 06/14/21 for $472K
Second was on 01/18/22 for $750K

Below are robot values which are too high because they don't know subject is on busy street, smaller and in inferior condition to most other homes recently sold. The AVMs are also using comps from subject area and other surrounding neighborhoods. They should only use comps in the same neighborhood with same busy street location and condition. The names of the sites have links to their guesstimates of value. Notice the large range in values. CoreLogic is the lowest. They are generally the most accurate as they use sales in same area. CoreLogis is high because AVMs can't see condition, location on busy road or the real smaller size.

Realtor

June 2021 6/21 

Collateral Analytics $564K
CoreLogic $542K
Quantarium $576K

January 2022 1/22 $571 $591 $610

01/23 $765

Trulia

01/23 $669

Zillow 

6/21 $620
1/22 $605
01/23 range $602-750

RedFn 

6/21 $559K
1/22 $587K
01/23 $627K

Original lawsuit by Plaintiffs.

https://www.courthousenews.com/wp-content/uploads/2022/08/refinance-complaint-loandepot.pdf

Shane Lantham's lawsuit for defamation, counterclaims and answer to above lawsuit.

https://drive.google.com/file/d/1gvlDz22T4zUfhnNPW8KqFDeZbhSK_CRJ/view?usp=sharing

Good articles about this lawsuit. Turns out Nathan Connolley teaches racism, capitalism and politics. He wrote a book "A World More Concrete: Real Estate and the Remaking of Jim Crow South Florida." Mott teaches African studies. Looks like this lawsuit was to promote themselves.

https://www.workingre.com/appraiser-counter-sues-black-plaintiffs-who-alleged-discrimination/

This article posted the first appraisal and motion to dismiss. Because the homeowner mentioned and included parts of the appraisal in the lawsuit the appraiser may share it in a lawsuit. Normally these are confidential and can't be shared with anyone except the client. 

https://wp-orep-cdn.s3.us-west-1.amazonaws.com/wp-content/uploads/2023/01/30175939/Baltimore_Bias_Suit_Motion_to_Dismiss_Dec122022_48.pdf

Another good article on the case.

https://appraisersblogs.com/appraiser-countersuing-black-homeowners-4-defamation

Docket to date is below

Date Filed

#

Docket Text

08/15/2022

1

COMPLAINT

against 20/20 Valuations, LLC, Shane Lanham, Loandepot.com, LLC ( Filing fee $ 402receipt number AMDDC-10102080.), filed by Nathan Connolly, Shani Mott. (Attachments: #

1

CivilCover Sheet, #

2

Summons, #

3

Summons, #

4

Summons)(Relman, John) (Entered: 08/15/2022)

08/15/2022

2

MOTION to Appear Pro Hac Vice for Soohyun Choi

(Filing fee $100, receipt number AMDDC-10102238.) by Nathan Connolly, Shani Mott(Relman, John) (Entered: 08/15/2022)

08/15/2022

3

MOTION to Appear Pro Hac Vice for Gabriel Diaz

(Filing fee $100, receipt number AMDDC-10102268.) by Nathan Connolly, Shani Mott(Relman, John) (Entered: 08/15/2022)

08/15/2022

Jury Trial Demand by Nathan Connolly, Shani Mott(jb5s, Deputy Clerk) (Entered: 08/15/2022)

08/15/2022

4

Summons Issued 21 days as to 20/20 Valuations, LLC, Shane Lanham, Loandepot.com, LLC.(jb5s,Deputy Clerk) (Entered: 08/15/2022)

08/15/2022

5

NOTICE of Case Assignment. This case has been assigned to Magistrate Judge Beth P. Gesner. NathanConnolly, Shani Mott or counsel for Nathan Connolly, Shani Mott are required to review and complywith the Magistrate Judge Pilot Project Procedures which can be downloaded

here

. Pursuant toStanding Order 2019-07, which can be downloaded

here

, counsel has 14 days from the date of thisnotice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which canbe downloaded

here

. To file your consent, go to

Civil > Other Filings > Other Documents > 25 PctMag - Consent to Proceed Before a Magistrate Judge

. To file your declination, go to

Civil > OtherFilings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge

. Failure tofile a consent or declination will result in issuance of an Order to Show Cause. Please review the casemanagement order that has been issued in this case. Magistrate Election Form due by 8/29/2022. (jb5s,Deputy Clerk) (Entered: 08/15/2022)

08/15/2022

6

Case Management Order. Signed by Magistrate Judge Beth P. Gesner on 8/15/2022. (jb5s, DeputyClerk) (Entered: 08/15/2022)

08/19/2022

7

PAPERLESS ORDER granting

2

Motion to Appear Pro Hac Vice on behalf of Soohyun Choi.Directing attorney Soohyun Choi to register for pro hac vice filing in the District of Maryland throughPACER at https://pacer.uscourts.gov/ if attorney has not already done so. The

Pro Hac Vice

optionmust be selected when registering. Signed by Clerk on 8/19/2022. (mh4s, Deputy Clerk) (Entered:08/19/2022)

08/19/2022

8

PAPERLESS ORDER granting

3

Motion to Appear Pro Hac Vice on behalf of Gabriel Diaz. Directingattorney Gabriel Diaz to register for pro hac vice filing in the District of Maryland through PACER athttps://pacer.uscourts.gov/ if attorney has not already done so. The

Pro Hac Vice

option must beselected when registering. Signed by Clerk on 8/19/2022. (mh4s, Deputy Clerk) (Entered: 08/19/2022)

08/26/2022

Case Reassigned to Judge Stephanie A. Gallagher. Magistrate Judge Beth P. Gesner no longer assignedto the case. (jf3s, Deputy Clerk) (Entered: 08/26/2022)

09/01/2022

10

SUMMONS Returned Executed by Nathan Connolly, Shani Mott. All Defendants.(Relman, John)(Entered: 09/01/2022)

09/07/2022

11

NOTICE of Appearance by Mark Patrick Johnson on behalf of 20/20 Valuations, LLC, Shane Lanham(Johnson, Mark) (Entered: 09/07/2022)

09/07/2022

12

NOTICE of Appearance by Gregg Edward Viola on behalf of 20/20 Valuations, LLC, Shane Lanham(Viola, Gregg) (Entered: 09/07/2022)

09/07/2022

13

NOTICE of Appearance by David Edward Mills on behalf of Loandepot.com, LLC (Mills, David)(Entered: 09/07/2022)

09/07/2022

14

NOTICE of Appearance by Katherine L Halliday on behalf of Loandepot.com, LLC (Halliday,Katherine) (Entered: 09/07/2022)

09/07/2022

15

Joint MOTION for Extension of Time

to Respond to Complaint and to Set a Briefing Schedule forDefendants' Motions to Dismiss

by Loandepot.com, LLC (Attachments: #

1

Text of Proposed Order)(Halliday, Katherine) (Entered: 09/07/2022)

09/07/2022

16

ORDER granting

15

Joint Motion to Extend Time to Respond to Complaint and to Set a BriefingSchedule for Defendants' Motions to Dismiss. Signed by Judge Stephanie A. Gallagher on 9/7/2022.(kk5s, Deputy Clerk) (Entered: 09/07/2022)

09/07/2022

17

MOTION to Appear Pro Hac Vice for Michelle L. Rogers

(Filing fee $100, receipt number AMDDC-10141478.) by Loandepot.com, LLC(Halliday, Katherine) (Entered: 09/07/2022)

09/07/2022

18

MOTION to Appear Pro Hac Vice for Jorge Sarmiento

(Filing fee $100, receipt number AMDDC-10141493.) by Loandepot.com, LLC(Halliday, Katherine) (Entered: 09/07/2022)

09/08/2022

19

PAPERLESS ORDER granting

17

Motion to Appear Pro Hac Vice on behalf of Michelle L. Rogers.Directing attorney Michelle L. Rogers to register for pro hac vice filing in the District of Marylandthrough PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The

Pro Hac Vice

option must be selected when registering. Signed by Clerk on 9/8/2022. (mh4s, Deputy Clerk)(Entered: 09/08/2022)

09/08/2022

20

PAPERLESS ORDER granting

18

Motion to Appear Pro Hac Vice on behalf of Jorge Sarmiento.Directing attorney Jorge Sarmiento to register for pro hac vice filing in the District of Marylandthrough PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The

Pro Hac Vice

option must be selected when registering. Signed by Clerk on 9/8/2022. (mh4s, Deputy Clerk)(Entered: 09/08/2022)

10/12/2022

21

Joint MOTION for Extension of Time to File Answer

to Respond to Complaint

by 20/20 Valuations,LLC, Shane Lanham (Attachments: #

1

Text of Proposed Order Order)(Johnson, Mark) (Entered:10/12/2022)

10/13/2022

22

PAPERLESS ORDER granting

21

Motion for Extension of Time to Answer. Answer due 11/14/2022.Signed by Judge Stephanie A. Gallagher on 10/13/2022. (vals, Chambers) (Entered: 10/13/2022)

10/27/2022

23

MOTION to Withdraw as Attorney

by Loandepot.com, LLC (Attachments: #

1

Text of ProposedOrder)(Halliday, Katherine) (Entered: 10/27/2022)

10/27/2022

24

PAPERLESS ORDER granting

23

Motion to Withdraw as Attorney. Attorney Katherine L Hallidayterminated. Signed by Judge Stephanie A. Gallagher on 10/27/2022. (kb3s, Deputy Clerk) (Entered:10/27/2022)

10/28/2022

25

AMENDED COMPLAINT against 20/20 Valuations, LLC, Shane Lanham, Loandepot.com, LLC,filed by Nathan Connolly, Shani Mott.(Relman, John) (Entered: 10/28/2022)

10/31/2022

26

NOTICE by Nathan Connolly, Shani Mott re

25

Amended Complaint

Amended Complaint Redline

(Relman, John) (Entered: 10/31/2022)

11/07/2022

27

Joint MOTION for Extension of Time to File Response/Reply as to

25

Amended Complaint

and forBriefing Schedule for Motion to Dismiss

by 20/20 Valuations, LLC, Shane Lanham (Attachments: #

1

Text of Proposed Order Order)(Johnson, Mark) (Entered: 11/07/2022)

11/08/2022

28

ORDER granting

27

Joint MOTION for Extension of Time to File Response/Reply as to

25

AmendedComplaint and for Briefing Schedule for Motion to Dismiss

and for Briefing Schedule for Motion toDismiss

. Signed by Judge Stephanie A. Gallagher on 11/8/2022. (kb3s, Deputy Clerk) (Entered:11/08/2022)

12/05/2022

29

MOTION to Appear Pro Hac Vice for David DePriest

(Filing fee $100, receipt number AMDDC-10304019.) by Nathan Connolly, Shani Mott(Relman, John) (Entered: 12/05/2022)

12/05/2022

30

PAPERLESS ORDER granting

29

Motion to Appear Pro Hac Vice on behalf of David DePriest.Directing attorney David DePriest to register for pro hac vice filing in the District of Marylandthrough PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The

Pro Hac Vice

option must be selected when registering. Signed by Clerk on 12/5/2022. (mh4s, Deputy Clerk)(Entered: 12/05/2022)

12/12/2022

31

MOTION to Dismiss for Failure to State a Claim

by 20/20 Valuations, LLC, Shane Lanham(Attachments: #

1

Memorandum in Support Memo of Law, #

2

Exhibit 1, #

3

Exhibit 2, #

4

Exhibit 3,#

5

Exhibit 4, #

6

Exhibit 5, #

7

Exhibit 6, #

8

Exhibit 7, #

9

Exhibit 8, #

10

Text of Proposed OrderOrder)(Johnson, Mark) (Entered: 12/12/2022)

12/12/2022

32

MOTION to Dismiss for Failure to State a Claim

by Loandepot.com, LLC (Attachments: #

1

Memorandum in Support, #

2

Exhibit A, #

3

Exhibit B, #

4

Exhibit C, #

5

Text of Proposed Order)

(Mills, David) (Entered: 12/12/2022)

12/13/2022

33

NOTICE by Loandepot.com, LLC re

32

MOTION to Dismiss for Failure to State a Claim

Replacement Exhibit A to Motion to Dismiss

(Mills, David) (Entered: 12/13/2022)

12/29/2022

34

Joint MOTION for Extension of Time to File Response/Reply as to

28

Order on Motion for Extensionof Time to File Response/Reply,

by Nathan Connolly, Shani Mott (Attachments: #

1

Text of ProposedOrder)(Relman, John) (Entered: 12/29/2022)

12/29/2022

35

PAPERLESS ORDER granting

34

Motion for Extension of Time to File Response/Reply re

32

MOTION to Dismiss for Failure to State a Claim

,

31

MOTION to Dismiss for Failure to State aClaim

. Signed by Judge Stephanie A. Gallagher on 12/29/2022. (vals, Chambers) (Entered:12/29/2022)

01/24/2023

36

ANSWER to

25

Amended Complaint

, COUNTERCLAIM against All Plaintiffs by 20/20 Valuations,LLC, Shane Lanham.(Johnson, Mark) (Entered: 01/24/2023)

01/24/2023

37

Local Rule 103.3 Disclosure Statement by 20/20 Valuations, LLC, Shane Lanham identifying OtherAffiliate General Star National Insurance Company for 20/20 Valuations, LLC, 20/20 Valuations,LLC, Shane Lanham, Shane Lanham.(Johnson, Mark) (Entered: 01/24/2023)

01/26/2023

38

NOTICE of Appearance by David S Wachen on behalf of 20/20 Valuations, LLC, Shane Lanham(Wachen, David) (Entered: 01/26/2023)

01/30/2023

39

Joint MOTION to Amend/Correct 35 Order on Motion for Extension of Time to File Response/Reply,

by Nathan Connolly, Shani Mott (Attachments: #

1

Text of Proposed Order)(Relman, John) (Entered:01/30/2023)


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 DISCLAIMER: https://mary--cummins.blogspot.com/p/disclaimer-privacy-policy-for-blogs-by.html

Tuesday, May 3, 2022

NFHA Continues their Money Shakedown on the Real Estate Industry by Mary Cummins


This is getting out of hand. A company can't limit their service by price range because it affects POC disproportionately? Nonprofit NFHA money shakedown continues. The Courts have ruled that entities cannot be found responsible for factors they don't control. Research has shown a correlation between POC and socio-economic factors. RedFin did not select the criteria based on race, color, ethnicity ... but price range. Will higher priced product brands soon be forced to market to and sell goods at a loss? The only solution I see is getting rid of RedFn salaried real estate agents. Make them work on commission split that covers RedFn's costs and let them choose their own deals. 

"Redfin’s ‘minimum price limit’ slashed real estate services in non-white neighborhoods—and now the company is paying a $4 million settlement. For prospective homebuyers, the online search portal and real estate brokerage Redfin is a go-to resource. Listings in more than 100 housing markets in the United States and Canada can be browsed easily, and a monthly average of more than 47 million users did so in 2021, according to the company’s annual report.

But in certain markets, search results had a big caveat. Redfin would show the listings, but due to what it called a “minimum price limit,” the company declined to make the full range of its services available—including real estate agents, professional photos, and promotion. That disproportionately affected homes in non-white areas.

“That policy resulted in Redfin predominantly not providing services in Black and Latino areas and predominantly offering services in white areas,” says Morgan Williams, general counsel of the National Fair Housing Alliance. For example, in the majority-minority city of Chicago, the minimum price threshold was set at $400,000, while in neighboring DuPage County, the threshold was just $275,000. In the majority-Black city of Detroit, the minimum price was $700,000, while outside city borders that limit was just $250,000. Redfin defended this policy, arguing that limiting its activities by price is the only fair way for the company to operate profitably.

Redfin objects to the characterization of its minimum price limit as redlining. “Describing a price-based policy as redlining is sensationalistic and wrong because Redfin serves all neighborhoods in the metro areas where we operate,” a company spokesperson tells Fast Company. “We do not make service determinations based on race or the demographics of the neighborhood. Home price is the only fair and objective way to make that determination because home price determines the fees we earn.”

Read the rest at the link. 

https://www.fastcompany.com/90747572/redfin-to-pay-4-million-to-settle-lawsuit-over-digital-redlining

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 DISCLAIMER: https://mary--cummins.blogspot.com/p/disclaimer-privacy-policy-for-blogs-by.html