Guide Notes to the Standards of Professional Practice of the Appraisal Institute
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Real Estate Policy Priorities for the Biden-Harris Administration
Real Estate Policy Priorities for the Biden-Harris Administration December 16, 2020 I. COVID-19 Relief for Families, State/Local Governments, and Businesses a. Direct relief to workers and families The CARES Act helped to mitigate the immediate negative economic consequences of the COVID-19 recession, “[b]y many measures the worst since the Great Depression,” according to the Congressional Research Service. The sharp declines in GDP and employment numbers last spring and summer would have been even worse without the direct relief Congress provided in March to America’s families and workers. Today, the federal government must do more. Recent data on employment and GDP growth are positive, but the economic recovery will continue to stall until the health crisis is under control. Pending manufacture and distribution of a widely available vaccine that engenders the public’s trust, we urge further direct assistance to lessen the financial pain that America’s workers will continue to feel into the holiday season and beyond Inauguration Day. New rounds of stimulus checks are needed to help families put food on the table and cover essential costs like health care and childcare, while also boosting aggregate demand throughout the economy. Also, supplemental unemployment insurance for Americans, including self-employed individuals, who have been displaced from their jobs or lost their businesses, must be a priority. A compromise is reachable to provide further jobless benefits along the lines of CARES Act assistance in a manner that does not incentivize chronic unemployment. b. Rental assistance for residential and business tenants Rents paid by residential and business tenants provide a revenue stream that redounds to the entire economy. -
Battery Charger Instructions CHG EZ1 001- BU 36V CHG UNV 123 - BU 36V CHG EZ2 002 - BU 36V CHG CC2 001 - BU 48V CHG YA4 003 - BU48V
Battery Charger Instructions CHG EZ1 001- BU 36V CHG UNV 123 - BU 36V CHG EZ2 002 - BU 36V CHG CC2 001 - BU 48V CHG YA4 003 - BU48V The chargers are designed for 36 and or 48 volt carts and care must be taken to ensure the correct voltage is used per application. Each charger uses an electrical plug designed to fi t the cart half. Again, make sure the cart half aligns correctly with the charger plug. 36 volt chargers are 115 VAC @ 12.0A (MAX) 60 HZ output: 25A @ 36 VDC For use with lead-acid batteries rated at 180 to 260 Ampere-Hours (20 AH Rating) 18 Cell 48 volt chargers are 115 VAC @ 12.0A (MAX) 60 HZ output: 18A @ 48 VDC For use with lead-acid batteries rated at 180 to 260 Ampere-Hours (20 AH Rating) 24 Cell Overview: The Eagle Series Battery Charging Systems utilize advanced micro controller technology to monitor all parameters of the charger while it is operating. These units are powered by a highly effi cient proprietary transformer design that allows the units to be lighter, smalle r, quieter and run much cooler than older ferro resonant designs. By utilizing SCR control technology with the latest control circuitry a precise charge cu r- rent is controlled. Precise control over output current allows the charger to constantly adjust and adapt to various factors such as battery capacity, battery state of charge, internal and external air temperature and AC line input. Unlike ferro resonant chargers, the Eagle Series is able to begin charging batteries at very low voltages. -
Long-Term Leases: Rent Reset Analysis
Peer-Reviewed Article Long-Term Leases: Rent Reset Analysis by Tony Sevelka, MAI, SRA, AI-GRS Abstract A provision for resetting rent is often found in long-term leases, with the objective being to periodically analyze the value attributed to the leased real estate. The property rights to be valued at each rent reset depend on the language of the lease, especially the rent reset clause. The lack of specificity associated with use of the term market value has led to questionable application of the term in rent resets. Inconsistent interpretations of a lease can lead to divergent opin- ions of value. Sometimes rent resetting provisions have no connection to the terms of the lease or the actual property rights; this may result in situations where it is difficult to apply conventional appraisal methods. This article summarizes and discusses a sample of rent reset cases and explores creative valuation solutions to rent reset valuation challenges. Introduction rent reset is dictated by the provisions of the lease, and the lease usually calls for arbitration if Rent reset clauses are typically found in long- the landlord and tenant are unable to negotiate a term leases for land (unimproved or improved).1 new rent within a specified time frame. A lease is “a contract in which the rights to use A rent reset analysis for a land lease has the and occupy land, space, or structures are trans- same objective as for a space lease—quantifying ferred by the owner to another for a specified a new rent—unless the land lease only calls for a period of time -
In Re: Exodus Communications Inc. Securities Litigation 01-CV-2661
Case 3:01-cv-02661-MMC Document 306 Filed 04/24/2006 Page 1 of 3 1 DAVID M. FURBUSH (State Bar No. 83447) DHAIVAT H. SHAH (State Bar No. 196382) 2 ROBERTA L. HARTING (State Bar No. 225067) O’MELVENY & MYERS LLP 3 2765 Sand Hill Road Menlo Park, California 94025 4 Telephone: (650) 473-2600 Facsimile: (650) 473-2601 5 E-Mail: [email protected] [email protected] 6 [email protected] 7 Attorneys for Defendant ELLEN M. HANCOCK 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 In re Master File No. C-01-2661-MMC 13 EXODUS COMMUNICATIONS, INC. DEFENDANT ELLEN HANCOCK’S SECURITIES LITIGATION REQUEST FOR JUDICIAL NOTICE 14 Honorable Maxine M. Chesney 15 Hearing Date: May 5, 2006 16 Time: 9:00 a.m. This Document Relates To: 17 ALL ACTIONS. 18 19 20 21 22 23 24 25 26 27 28 DEFENDANT HANCOCK’S REQUEST FOR JUDICIAL NOTICE - C-01-2661-MC Case 3:01-cv-02661-MMC Document 306 Filed 04/24/2006 Page 2 of 3 1 Pursuant to Federal Rule of Evidence 201, defendant Ellen M. Hancock respectfully 2 requests that this Court take judicial notice of each of the following documents, true and correct 3 copies of which are attached as Exhibits A through D hereto: 4 A. “First Amended Consolidated Class Action Complaint,” In re Exodus, Inc. 5 Securities Litigation, Master File No. C-01-2661-MMC, filed on July 11, 2002 in the United 6 States District Court for the Northern District of California. -
LOST "Raised by Another" (YELLOW) 9/23/04
LOST “Raised by Another” CAST LIST BOONE................................Ian Somerhalder CHARLIE..............................Dominic Monaghan CLAIRE...............................Emilie de Ravin HURLEY...............................Jorge Garcia JACK.................................Matthew Fox JIN..................................Daniel Dae Kim KATE.................................Evangeline Lilly LOCKE................................Terry O’Quinn MICHAEL..............................Harold Perrineau SAWYER...............................Josh Holloway SAYID................................Naveen Andrews SHANNON..............................Maggie Grace SUN..................................Yunjin Kim WALT.................................Malcolm David Kelley THOMAS............................... RACHEL............................... MALKIN............................... ETHAN................................ SLAVITT.............................. ARLENE............................... SCOTT................................ * STEVE................................ * www.pressexecute.com LOST "Raised by Another" (YELLOW) 9/23/04 LOST “Raised by Another” SET LIST INTERIORS THE VALLEY - Late Afternoon/Sunset CLAIRE’S CUBBY - Night/Dusk/Day ENTRANCE * ROCK WALL - Dusk/Night/Day * INFIRMARY CAVE - Morning JACK’S CAVE - Night * LOFT - Day - FLASHBACK MALKIN’S HOUSE - Day - FLASHBACK BEDROOM - Night - FLASHBACK LAW OFFICES CONFERENCE ROOM - Day - FLASHBACK EXTERIORS JUNGLE - Night/Day ELSEWHERE - Day CLEARING - Day BEACH - Day OPEN JUNGLE - Morning * SAWYER’S -
The Expression of Orientations in Time and Space With
The Expression of Orientations in Time and Space with Flashbacks and Flash-forwards in the Series "Lost" Promotor: Auteur: Prof. Dr. S. Slembrouck Olga Berendeeva Master in de Taal- en Letterkunde Afstudeerrichting: Master Engels Academiejaar 2008-2009 2e examenperiode For My Parents Who are so far But always so close to me Мои родителям, Которые так далеко, Но всегда рядом ii Acknowledgments First of all, I would like to thank Professor Dr. Stefaan Slembrouck for his interest in my work. I am grateful for all the encouragement, help and ideas he gave me throughout the writing. He was the one who helped me to figure out the subject of my work which I am especially thankful for as it has been such a pleasure working on it! Secondly, I want to thank my boyfriend Patrick who shared enthusiasm for my subject, inspired me, and always encouraged me to keep up even when my mood was down. Also my friend Sarah who gave me a feedback on my thesis was a very big help and I am grateful. A special thank you goes to my parents who always believed in me and supported me. Thanks to all the teachers and professors who provided me with the necessary baggage of knowledge which I will now proudly carry through life. iii Foreword In my previous research paper I wrote about film discourse, thus, this time I wanted to continue with it but have something new, some kind of challenge which would interest me. After a conversation with my thesis guide, Professor Slembrouck, we decided to stick on to film discourse but to expand it. -
APB Valuation Advisory #8 Voluntary Guidance on Recognized Valuation Methods and Techniques
APB Valuation Advisory #8 Voluntary Guidance on Recognized Valuation Methods and Techniques: Collection and Verification of Residential Data in the Sales Comparison Approach This communication is for the purpose of issuing voluntary guidance on recognized valuation methods and techniques. Date Issued: 11/1/2016 Application: Residential Real Property, One to Four Unit Issue: As part of its ongoing responsibilities, the Appraisal Practices Board (APB) is tasked with identifying where appraisers and appraisal users believe additional guidance would be helpful. One issue identified by the APB is the Collection and Verification of Residential Data in the Sales Comparison Approach. The purpose of this document is to provide guidance to appraisers who are collecting and verifying data to be used in the sales comparison approach for residential properties. This Valuation Advisory (Advisory) is one of two that will be issued by the APB on collecting and verifying data. The APB is in the process of developing a companion advisory on the Collection and Verification of Data used in the Sales Comparison Approach for Non-Residential Properties. Subject Matter Experts: The APB established a Subject Matter Expert (SME) Panel to assist on this topic. The APB members express their sincere gratitude to the following SMEs for volunteering their time and expertise in contributing to this document: Roy F. Beery, III Houston, TX Joe McGrath Denver, CO Shari Green Roubinek Kalispell, MT Timothy O’Brien Bloomington, MN Brian Seemann Northridge, CA Shawn Telford Oxford, MS APB Valuation Advisory #8 – Collection and Verification of Residential Data in the Sales Comparison Approach © 2016 The Appraisal Foundation 1 APB Liaisons: Lisa Desmarais, Shawn Wilson, and John S. -
Appraisal Oversight: the Regulatory Impact on Consumers and Businesses
Appraisal Oversight: The Regulatory Impact on Consumers and Businesses Testimony of Sara W. Stephens, MAI, CRE Before the Subcommittee on Insurance, Housing and Community Opportunity House Committee on Financial Services June 28, 2012 1 June 28, 2012 Madam Chairman Biggert, Ranking Member Gutierrez, and members of the Subcommittee on Housing and Community Opportunity, thank you for the opportunity to share our concerns regarding “Appraisal Oversight: The Regulatory Impact on Consumer and Businesses” on behalf of the more than 23,000 members of the Appraisal Institute, the largest professional association of real estate appraisers in the United States. Today, residential appraisers face ever-mounting challenges that place the future of residential appraisal at risk. The appraisal regulatory structure has become almost entirely a “rules-based,” as opposed to a “principles- based,” system. As such, it has become a burden to appraisers and, in our view, has failed to improve overall appraisal quality or appraiser oversight and enforcement. While appraising arguably is the most heavily regulated activity within the mortgage and real estate sectors, we warn Congress that a new and excessive regulatory regime is on the cusp of being enacted by appraiser regulatory agencies without Congressional review or authorization. This is a dangerous and unjustified move that risks hamstringing and jeopardizing the real estate appraisal profession altogether. At a very basic level, the appraiser regulatory structure lacks fundamental accountability measures. In its report to Congress, the Government Accountability Office identified significant violations of internal control standards by entities that claimed such standards were designed to promote effectiveness and efficiency, and to promote accountability. -
Market Rent Appraisal
MARKET RENT APPRAISAL Keyhole Reservoir Trailer Sites Crook County, Wyoming SUBMITTED TO Cindy Larom, Natural Resource Specialist Bureau of Reclamation 515 9th St., Rm. 101 Rapid City, SD 57701 IVIS: PROJECT / CASE NUMBERS R14027 / 00065192 EFFECTIVE DATE OF SURVEY December 3, 2014 DATE OF REPORT June 1, 2015 SUBMITTED BY James T. Green, MAI Adam Bradshaw Department of the Interior Office of Valuation Services 2180 Harvard Street, Suite 380 Sacramento, CA 95815 June 1, 2015 Cindy Larom, Natural Resource Specialist Bureau of Reclamation 515 9th St., Rm. 101 Rapid City, SD 57701 Re: Market Rent Appraisal Keyhole Reservoir Trailer Sites Crook County, WY Dear Ms. Larom: Per the request of the Bureau of Reclamation (Reclamation), the Office of Valuation Services has prepared this market rent appraisal. The purpose of this appraisal was to estimate the annual market rent for the trailer1 sites located along Keyhole Reservoir in Crook County, Wyoming. The intended use is to assist Reclamation in establishing the necessary fee for issuing annual license permits for use of the individual sites. The trailer sites are rented annually and the mobile home may remain on site the entire year, but full time occupancy and use is restricted to seasonal use, between May 1st & October 31st (6- months). Furthermore, BOR at their sole discretion may cancel the permit at any time. The client is the Bureau of Reclamation, US Department of the Interior. The intended user is the Bureau of Reclamation on behalf of the United States of America. There are no other authorized users of this report. This report conforms to the Uniform Standards of Professional Appraisal Practice (USPAP) as well as the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute. -
Guide Note 16 1 Arbitration
Guide Note 16 1 Arbitration Introduction Real estate valuation professionals (“Valuer” or “Valuers”) are administrative aspects of the resolution dispute procedure than often retained to provide services in arbitration matters2 either if they had gone to trial, arbitrations are frequently less expensive as arbitrators or expert witnesses3. Arbitration is a process and produce more timely results than litigation, and issues in which the parties to a dispute agree to present their case to arbitrated do not use time on crowded Court calendars. one or more arbitrators who render a final decision to resolve Arbitration is similar to a trial, but is a somewhat more flexible the dispute. process where the parties can agree on procedure and on which When parties have a dispute, they often find themselves in issues to arbitrate. Arbitration hearings, which are conducted in litigation after one party sues the other. Parties and their conference rooms and not courtrooms, are less formal than a attorneys are increasingly using methods to resolve disputes trial in that the rules of evidence may be considered but are not without going to trial. The Courts have encouraged the use of mandatory. As in a trial, written and oral evidence is presented, these alternate processes and have upheld arbitration awards. depositions are permissible, and experts typically review and The use of arbitration is accepted by the parties to the dispute, comment on the opposing expert’s report (this is typically labelled their attorneys and the Courts because arbitration permits a “rebuttal” report in litigation and arbitration). Arbitration awards the parties to have more control over some procedural and generally are binding and final, and can be vacated (overturned) GUIDE NOTE 16 Introduction (continued) by a court only on narrow grounds which are typically limited to lack of appropriate disclosure of conflicts by an arbitrator and awards made by the arbitrator(s) that go beyond the jurisdiction of the arbitrators. -
Highest and Best Use and Property Rights—Does It Make a Difference? by Stephen F
The Appraisal SUMMER 2018 Journal Volume LXXXVI, Number 3 F Highest and Best Use and Property Rights—Does It Make a Difference? by Stephen F. Fanning, MAI, AI-GRS, Larry T. Wright, MAI, SRA, AI-GRS, and Rick J. Muenks, JD, MAI PAGE 171 Land Value Differentials Resulting from Variability between the Sales Comparison and Income Approaches in Timberland Valuation by Austin B. Harris, Christopher N. Singleton, MAI, and Thomas J. Straka, PhD PAGE 192 Market Value: What Does It Really Mean? by Michael V. Sanders, MAI, SRA PAGE 206 Contents The Appraisal Journal | Summer 2018 | Volume LXXXVI, Number 3 ii Mission Statement iv Annual Conference Announcement v A Message from the Editor-in-Chief COLUMNS & DEPARTMENTS 161 Cases in Brief Recent Court Decisions on Real Estate and Valuation by Scott B. Mueller, JD 219 Resource Center Self-Storage and Eminent Domain Resources for Appraisal Institute Professionals by Dan L. Swango, PhD, MAI, SRA 233 Letters to the Editor PEER-REVIEWED ARTICLES 171 Highest and Best Use and Property Rights—Does It Make a Difference? by Stephen F. Fanning, MAI, AI-GRS, Larry T. Wright, MAI, SRA, AI-GRS, and Rick J. Muenks, JD, MAI 192 Land Value Differentials Resulting from Variability between the Sales Comparison and Income Approaches in Timberland Valuation by Austin B. Harris, Christopher N. Singleton, MAI, and Thomas J. Straka, PhD 206 Market Value: What Does It Really Mean? by Michael V. Sanders, MAI, SRA ANNOUNCEMENTS 235 Appraisal Institute Publications 237 Appraisal Institute Continuing Education 239 Article Topics in Need of Authors 241 Manuscript Guide 242 Appraisal Journal Order Form Cover Photo: Shutterstock.com www.appraisalinstitute.org Summer 2018 • The Appraisal Journal i The Appraisal Journal Published by the Appraisal Institute James L. -
Guide Note 13 Performing Evaluations of Real Property Collateral for Lenders
Guide Note 13 Performing Evaluations of Real Property Collateral for Lenders Introduction Federally insured lending institutions in the United States An evaluation provides a market value of the real estate are subject to regulations regarding real estate appraisals. collateral. The preparer must be appropriately qualified and For lending transactions involving real estate, a lender must sufficiently independent from the transaction, but need not be obtain an appraisal from a state licensed or certified a state licensed or certified appraiser. Even so, appraisers are appraiser. There are fourteen exemptions from this often called upon to provide them. requirement. For three of these exemptions, in lieu of an How can an appraiser prepare an evaluation for a lender and appraisal by a licensed/certified appraiser, the comply with the Standards of Valuation Practice (SVP) or lender may obtain an evaluation1. Uniform Standards of Professional Appraisal Practice (USPAP)? GUIDE NOTE 13 Basis for Proper Practice The Interagency Appraisal and Evaluation Guidelines https://www.fdic.gov/news/news/financial/2010/fil10082a.pdf issued by the federal agencies 2 in December 2010 provide full details about when appraisals and evaluations are required, who can provide them, and how they must be performed. Section V (pp. 3-5) addresses the independence requirements for both appraisals and evaluations. Section VI (pp. 5-6) addresses the selection, evaluation and monitoring the performance of those providing these services. Section XI (pp. 11-12) addresses when evaluations are required. Section XII (pp. 12-13) addresses the development process for an evaluation, and Section XIII (pp. 13-14) addresses the required content of an evaluation report.