Elizabeth Butler

Page date = July 13, 2008

I filed 2 complaints against the appraiser's license of Elizabeth Butler. Complaints dated 9/19/05: 476 Kenton and 1657 Sedalia. At the time I filed these complaints, Stewart Leach was running the show at the Colorado Board of Real Estate Appraisers. By the time the complaints were acted on, Stewart had been fired and replaced by Erin Toll.

The Rest of the Story

Butler response - document dated February 13, 2006. 4 pages:

Response page 1

Response page 2

Response page 3

Response page 4

Discipline document - stipulation and final agency order - case number 80356872 dated 5/7/07. $1,000 fine and 55 hours course work.

Open Records request - document dated 5/15/08. Billed at $15.75

Investigator (Steffen A Brown) Findings for Kenton. Document is not dated and not signed. 4 pages:

Findings Kenton - page 1

Findings Kenton - page 2

Findings Kenton - page 3

Findings Kenton - page 4

Investigator (Steffen A Brown) Findings for Sedalia. Document is not dated and not signed. 4 pages:

Findings Sedalia - page 1

Findings Sedalia - page 2

Findings Sedalia - page 3

Findings Sedalia - page 4

Payment and course completion confirmation - document dated 1/14/08 signed by Martha Torres-Recinos. 5 pages of backup.

Backup - page 1

Backup - page 2

Backup - page 3

Backup - page 4

Backup - page 5

My Comments

This is a comedy of errors - except it's not funny.

Elizabeth Butler could have completely avoided the fine and the course work if she had just threatened to show up and defend herself at a hearing. Erin Toll would have backed down and settled for a fine of $zero and no course work.

The Investigator Steffan A Brown is a good example how the status quo is defended and why substantive change is like pulling teeth.

To be clear - I have no problem with the end result. If anything I consider a $1,000 fine and 55 hrs course work to be excessive. It is not clear to me how the process went from Mr Brown's findings to the end result.

I do have a problem with the comments and conclusions expressed by Steffan A Brown. I don't have time to go thru each of Steffan A Brown's comments point by point. I offer a summary and a few representative examples with my comments and analysis.

In the Salida "findings" document - Steffan A Brown does find a violation of Standards Rule 1-1(a)(c) with comments on page 2.

In the Kenton "findings" document - Steffan A Brown could find no evidence or support of any violation by Elizabeth Butler. He does say that Phil Rice "does not fully understand the appraisal process or the meaning of opinion of value".

My comment - if you wanted to actively discourage the public from submitting complaints - what better way to accomplish that objective than to make (unsupported) insulting and disparaging comments about the person who submitted the complaint? I don't agree with his conclusion - but even if he is correct - what does the comment say about the person who wrote it? And what does it say about the complaint process?

Steffen A Brown says that USPAP "Advisory Opinions are not mandatory" because they are provided as "guidance only". Therefore (if I'm reading it right) Steffen A Brown is of the opinion that it is not mandatory for the appraiser to take into account (consider) the listing, agreed price, and pending sale of the subject property. My comment = I disagree.

Under the heading Findings VI (Kenton pg3) Steffen A Brown says:

Elizabeth Butler admits the oversight by not changing the "N/A" on page 1 to reflect [the subject property] seller concessions but did reference the $10,000 concessions in the Multi-Purpose Supplemental Addendum on page 2 under "Current Sales Contract". This is an error due to lack of reviewing ones own work but it was reported and there is no substantial error of omission.

Steffen A Brown says says he found no evidence or support for my allegation that Elizabeth Butler is unethical.

Elizabeth Butler says (response pg1):

I always pull comps and submit them. If the value is not there I am not given the assignment. This is much better than having companies spend their money needlessly and me facing a law suit.

I wonder if Steffen A Brown read this statement. If Steffen A Brown can't find anything unethical in that statement, I have to wonder what it would take.

How bad does it have to get?

-- End of Document --

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