Rocky Mountain Real Estate News

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Director’s Corner November 2007 Definition of “symmetry”: “A relationship of characteristic correspondence, equivalence, or identity among constituents of a system or between different systems …4. Beauty resulting from balanced or harmonious arrangement.” One of my goals for the Division of Real Estate is to promote greater symmetry among the real estate broker, mortgage broker, and appraiser regulatory programs. A successful real estate transaction is contingent on the efforts of real estate brokers, mortgage brokers, and appraisers. Knowledge of each real estate service providers’ roles and responsibilities is crucial for any individual provider to ensure excellent customer service. To enhance sym- metry, this quarter you will notice our new publication combines real estate news relevant to all real estate professionals and consumers, rather than separating the news for real estate brokers, appraisers, and mortgage brokers. You can expect to see other iterations of the symmetry theme throughout the Division of Real Estate. For example, increasingly, the Division receives complaints concerning one licensee, who may be a real estate broker, when the transaction actually involves not only the real estate broker, but mortgage brokers and appraisers as well. This is especially true where mortgage fraud is involved. Rather than performing three separate investigations for each licensee, we are exploring ways to Inside this issue: Duties re: Properties that are “Meth Labs” 2 Mortgage Broker Program Legislative Update 3 Update re: Real Estate Commission-Approved Forms 4 Division Builds Affordable Housing and Nails Consumer Fraud 4 License Renewal Requirements and Tips 6-7 Continuing Education for Renewal 8 Appraiser Licensure Changes 9 Disciplinary Actions – Appraisers 9 Disciplinary Actions – Real Estate Brokers 11 Official Publication of the Colorado Division of Real Estate, a division of the Department of Regulatory Agencies (DORA) Rocky Mountain The Honorable Bill Ritter, Jr., Governor D. Rico Munn, Executive Director Erin Toll, Division Director Real Estate Commission Meetings Board of Real Estate Appraisers Meetings December 4 December 7 January 8 January 11 The meetings will be held at our new location of 1560 Broadway, on the 9th floor. All meetings will begin at 9:00 a.m. Before each meeting, check the Division’s website at www.dora.state.co.us/real- estate/Meetings/meetings.htm to confirm the meeting date and location. Issue 184, Fall 2007 (continued on page 5)

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Transcript of Rocky Mountain Real Estate News

Page 1: Rocky Mountain Real Estate News

Director’s CornerNovember 2007

Definition of “symmetry”: “A relationship of characteristic correspondence,equivalence, or identity among constituents of a system or between differentsystems …4. Beauty resulting from balanced or harmonious arrangement.”

One of my goals for the Division of RealEstate is to promote greater symmetry amongthe real estate broker, mortgage broker, andappraiser regulatory programs. A successfulreal estate transaction is contingent on theefforts of real estate brokers, mortgage brokers,and appraisers. Knowledge of each real estateservice providers’ roles and responsibilities iscrucial for any individual provider to ensureexcellent customer service. To enhance sym-metry, this quarter you will notice our newpublication combines real estate news relevantto all real estate professionals and consumers, rather than separating thenews for real estate brokers, appraisers, and mortgage brokers.

You can expect to see other iterations of the symmetry themethroughout the Division of Real Estate. For example, increasingly, theDivision receives complaints concerning one licensee, who may be areal estate broker, when the transaction actually involves not only thereal estate broker, but mortgage brokers and appraisers as well. This isespecially true where mortgage fraud is involved. Rather than performingthree separate investigations for each licensee, we are exploring ways to

Inside this issue:

Duties re: Properties that are “Meth Labs” 2

Mortgage Broker Program Legislative Update 3

Update re: Real Estate Commission-Approved Forms 4

Division Builds AffordableHousing and Nails ConsumerFraud 4

License Renewal Requirements and Tips 6-7

Continuing Education for Renewal 8

Appraiser Licensure Changes 9

Disciplinary Actions –Appraisers 9

Disciplinary Actions – Real Estate Brokers 11

Official Publication of the Colorado Division of Real Estate, a division of the Department of Regulatory Agencies (DORA)

Rocky Mountain

The Honorable Bill Ritter, Jr., Governor D. Rico Munn, Executive Director Erin Toll, Division Director

Real Estate Commission Meetings Board of Real Estate Appraisers Meetings

• December 4 • December 7

• January 8 • January 11

The meetings will be held at our new location of 1560 Broadway, on the 9th floor. All meetings willbegin at 9:00 a.m. Before each meeting, check the Division’s website at www.dora.state.co.us/real-estate/Meetings/meetings.htm to confirm the meeting date and location.

Issue 184, Fall 2007

(continued on page 5)

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THE HONORABLEBILL RITTER, Jr.

Governor of Colorado

D. Rico MunnExecutive Director

Department of Regulatory Agencies

Erin TollDirector

Division of Real Estate

REAL ESTATE COMMISSIONERS

Charles P. (Buzz) MooreChairperson, Grand Junction

Kristin BronsonCommissioner, Denver

Paul Goldenbogen Commissioner, Colorado Springs

Martin PocsCommissioner, Denver

James M. SullivanCommissioner, Denver

BOARD OF REAL ESTATE APPRAISERS

Thomas Fellows Chair, Colorado Springs

Karen ToolVice Chair, Ft. Collins

David KellyBoard Member, Littleton

Michael MortonBoard Member, Centennial

Anthony Navarro Board Member, Denver

Keren PriorBoard Member, Pagosa Springs

Zachary UrbanBoard Member, Wheat Ridge

ROCKY MOUNTAIN REAL ESTATE NEWSColorado Division of Real Estate

1560 Broadway, Suite 925Denver, CO 80202

Phone: (303) 894-2166V/TDD (800) 659-2656

www.dora.state.co.us/real-estate

Member, The Association of Real EstateLicense Law Officials (ARELLO)

POLICYNeither all nor any portion of the articlespublished herein shall be reproduced in anyother publication unless specific reference ismade to their original publication in theRocky Mountain Real Estate News.

Rocky Mountain Real Estate News / Fall 2007 Page 2

Think Twice Before Showing, Renting, or Selling That Property

by Marcia Waters

With the growing incidence of methamphetamine manufacturein residential properties, there is a substantial concern regardingthe impacts on renters’ and purchasers’ health and safety. As a realestate broker, you are not only tasked with disclosing whether aproperty has been previously used as a methamphetamine labora-tory, but also whether it has been remediated.

Pursuant to §25-18.5-103, C.R.S., when a property owner hasreceived notification from a peace officer that chemicals, equipment,or supplies indicative of an illegal drug laboratory are located on aproperty, or when an illegal drug laboratory used to manufacturemethamphetamine is otherwise discovered and the property ownerhas received notice, the property owner must either:

(1) remediate the property to the standards established by theState Board of Health in the Department of Public Healthand Environment; or

(2) elect to have the property demolished.

If the owner elects to demolish the property, the governing bodyfor that jurisdiction (or if none has been designated, the healthdepartment, building department, or law enforcement agency withjurisdiction over the property) may require that the owner fence offthe property or make it inaccessible to persons for occupancy orintrusion.

For the property owner who has not remediated or demolishedthe contaminated property, the owner is not permitted to allow aperson to have access to the structure pursuant to §25-18.5-105,C.R.S. This statute directly impacts a real estate broker’s ability toconduct business. When a seller or landlord discloses to a brokerthat a property has been previously used as an illegal drug labora-tory, the broker needs to start questioning whether the property hasbeen remediated or if the seller/landlord plans to remediate. If theproperty hasn’t been remediated, potential buyers or renters cannotaccess that property. That also means that you as a broker cannotaccess the property. This is also a concern for real estate appraiserswho are hired to appraise an unremediated property because theappraiser cannot have access either. The Colorado Real EstateCommission recently received public complaints about real estatebrokers who showed unremediated “meth labs” to potential buyers.The most disturbing of these complaints involves the allegation thata real estate broker allowed access to and showed an unremediated“meth lab” to a pregnant buyer. The investigation into these com-plaints is ongoing and the Commission is currently focusing oneducating brokers regarding the access issues. However, futurecomplaints of this nature may result in disciplinary action againstlicensees for unworthiness and incompetency.

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On June 1, 2007, Governor Bill Ritter Jr. signedfour mortgage broker bills into law. These new billsinclude House Bill 07-1322, Senate Bill 07-085,Senate Bill 07-216 and Senate Bill 07-203. Three ofthese four bills were effective as of June 2007. SenateBill 07-203 becomes effective January 1, 2008. Thenew bills establish professional standards and defineprohibited conduct for mortgage brokers. Effectively,this new legislation has taken Colorado’s mortgagebroker program from a bare bones registration pro-gram to one with some of the most robust regulatoryoversight in the nation.

The new bills have had a significant impact on theregistration and licensing of mortgage brokers.Effective June 1, 2007, House Bill 07-1322 repealedthe registration exemption for partners, members, offi-cers, contractors, exclusive agents and employees ofFHA-approved companies. This impacted 24,000mortgage brokers who were previously exempt fromregistration. Senate Bill 07-203, effective January 1,2008, changes the regulatory framework for mortgagebrokers from registration to licensing. Additionally,Senate Bill 07-203 requires pre-licensing education, apre-licensing examination, continuing education anderrors and omissions insurance. To date, the Divisionof Real Estate has registered 8,900 mortgage brokers.

The statutory additions prohibit unscrupulousconduct for mortgage brokers. In summary, mortgagebroker prohibitions include, but are not limited to:

• Directly or indirectly compensating, coercing, orintimidating an appraiser for the purpose of influ-encing the independent judgment of the appraiserwith respect to the value of a dwelling;

• Engaging in any unfair or deceptive practicetowards any person;

• Obtaining property by fraud or misrepresentation;

• Negligently making any false statement or know-ingly and willfully making any omission of materialfact in connection with any report filed by amortgage broker or in connection with any inves-tigation conducted by the Division; and

• Failing to pay a third-party provider no later than30 days after the recording of the loan closing doc-uments or 90 days after completion of the third-party service.

The new laws allow Erin Toll, the Director of theDivision of Real Estate, to take disciplinary actionsagainst mortgage brokers when these prohibitions areviolated. Disciplinary action includes denial, suspen-sion, and revocation of a mortgage broker registrationor license. The Director may also levy fines not toexceed $1,000 per violation in the first administrativeproceeding. In subsequent proceedings, the Directormay fine mortgage brokers no less than $1,000 and nomore than $2,000 per violation. Additionally, theDirector may order the mortgage broker to pay resti-tution. This includes interest, reasonable attorneyfees, and costs related to any court proceeding thatoccurs to recover a financial loss. If a mortgage bro-ker’s license has been revoked, the Director is prohib-ited from granting the individual a license until resti-tution has been paid in full.

The new mortgage broker bills also require mortgage brokers to have a duty of good faith and fairdealing in all communications and transactions with aborrower. This includes the duty to make a reasonableinquiry into a borrower’s current and prospectiveincome, existing debts and other obligations. Aftermaking such inquiry, mortgage brokers are required torecommend, broker, or originate a residential mort-gage loan that takes into consideration the informa-tion submitted by the borrower. As a result, mortgagebrokers must not recommend or induce the borrowerto enter into a transaction that does not have a rea-sonable, tangible net benefit. Additionally, mortgagebrokers must disclose to borrowers the many provi-sions identified in section 12-61-914, C.R.S.Disclosures include the financing terms, third-partyfees and costs, mortgage broker compensation, andlock-in agreements.

The Director is currently implementing severaladditions to Colorado mortgage broker laws. In doingso, the Director adopted an emergency rule on June 1,2007 that effectively granted individuals who werepreviously exempt or whose fingerprints were unclas-sifiable by the Colorado Bureau of Investigation animmediate and automatic registration valid throughSeptember 1, 2007. The temporary registrationallowed mortgage brokers 90 days to submit their fin-gerprints, acquire the $25,000 surety bond, completethe online application, and pay the required $200application fee. Upon doing so, mortgage brokers will

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Mortgage Broker Program Legislative Update – November 2007by Cary Whitaker

(continued on page 5)

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It’s That Time of Year Again…

NEW FORMS

Every fall, the Real EstateCommission updates the Commis-sion-approved forms. This year, thefollowing forms have been updatedor added:

• Agreement to Amend/ExtendContract

• Source of Water Addendum toContract to Buy and Sell RealEstate

• Seller’s Property Disclosure (All Types of Properties)

• Foreclosure PropertyAddendum to Contract to Buyand Sell Real Estate

• Earnest Money Receipt

• Counterproposal

• Contract to Buy and Sell RealEstate (All Types of Properties) with Closing Instructions

• Closing Instructions

• Inspection Notice

• Licensee Buy-Out Addendumto Contract to Buy and SellReal Estate

The forms are currently postedto the Divison of Real Estatewebsite. Usage of these forms willbecome mandatory on January 1,2008. Accordingly, CommissionRules F-7 Commission ApprovedForms and F-1 Permitted andProhibited Form Modifications wereupdated due to the changes and/oradditions made to the Commission-approved forms.

Division Builds Affordable Housing and Nails Consumer Fraud

By Carlotta Knox

The Division of Real Estate Volunteers with Habitat for Humanity

Colorado has one of the highest rates of foreclosure and mortgagefraud in the country. On June 1, 2007, Governor Bill Ritter addressedthese issues by signing into law a comprehensive package of senate billsdesigned to combat Colorado’s wave of foreclosures and mortgage fraudepidemic. For the first time in history, Colorado consumers will haverecourse through their government against unscrupulous mortgagebrokers. Colorado is the second-to-last state in the nation to enact lawsthat oversee mortgage broker practices.

To promote consumer awareness, the Division of Real Estate staffhelped Habitat for Humanity, a nonprofit organization, build threeaffordable homes in Aurora, Colorado. Habitat for Humanity’s missionis to provide affordable housing, which ultimately results in stability,pride, health and security for new homeowners. Like Habitat forHumanity, the Division of Real Estate also supports the Americandream of homeownership by preserving public peace, health, and safetyfor homeowners.

The Division of Real Estate welcomes you to visit its website to viewrelevant information, including the new mortgage broker laws, athttp://www.dora.state.co.us/real-estate/mortgage/legislation.htm.

If you or someone you know is a victim of consumer fraud due to amortgage broker, real estate broker or appraiser’s actions, please visitour website at http://www.dora.state.co.us/real-estate/Complaints/Complaints.htm for the Division’s complaint process. Also, please visitour website to learn more about the Division of Real Estate and consumer rights.

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create more permeable walls among the three pro-grams. We now have investigators familiar with thelaws relevant to each program. Other Division staffmembers are cross-trained as well.

The Division is facilitating more open discussionbetween the Colorado Real Estate Commission andthe Board of Real Estate Appraisers. Recently, aBoard member gave a presentation to the Commissionconcerning seller concessions, a critical issue thatcrosses all three programs. We intend to promote auniform response to the concession issue from theBoard and the Commission with respect to the mort-gage broker program.

You can expect to see the symmetry theme playedout with the Division’s handling of pre-licensure andcontinuing education. As we move forward into 2008,all licensees will be expected to know consumers’rights, some of the responsibilities of other licensees

regulated by the Division, and current issues or scamswe are seeing in the marketplace.

Finally, in 2008 you will see more symmetricalenforcement efforts between and among the Divisionof Real Estate and other regulatory bodies, especiallyother Department of Regulatory Agency divisions.Currently, the Division of Real Estate is working withthe Division of Civil Rights, the Division ofInsurance, and the Division of Financial Services toensure the greatest consumer protection. Further, wehave close working relationships with the Division ofHousing, the federal Department of Housing andUrban Development, and the Colorado Office of theAttorney General, with whom we have overlappingjurisdiction.

I hope you enjoy the new look of our publication.Thank you for your support of our mission to protectconsumers while ensuring a competitive marketplace.

Director’s Corner(continued from page 1)

MISCELLANEOUS NEWS

The Division of Real Estate is excited to announce that we now have staff available toassist Spanish-speaking consumers!

Hot topics: Stay tuned for the next Rocky Mountain Real Estate News where we willdiscuss conservation easements and Section 1031 exchanges.

have demonstrated a “good-faith” effort to becomeregistered and will be granted an additional good-faithtemporary registration valid through December 31,2007. The Director also addressed lenders’ concernsregarding the impact of reasonable inquiry on nontra-ditional mortgage products and documentation types.The position statement issued by Erin Toll resolvedthis uncertainty and clearly stated that reasonableinquiry does not prohibit products or documentationtypes.

The Director anticipates the promulgation ofmany new regulations in the Mortgage Broker pro-gram. As a result, the Director appointed 10 individu-als to a Mortgage Broker Rulemaking Task Force.

Industry owners, independent mortgage brokers,associations and consumers are represented toaddress subjects including reasonable inquiry, tangi-ble net benefit, mortgage broker contracts, temporarylicenses, mortgage broker disclosures, and the market-ing of nontraditional mortgage products. The Directoralso appointed a Mortgage Broker Education TaskForce to help define the requisite education and test-ing for pre-licensing and continuing education. Shehas demonstrated a desire and willingness to listen tothe industry, all associations, and consumers.Ultimately, Erin Toll’s mission is to ensure consumerprotection through education and enforcementactions in order to create a level playing field for themortgage industry.

Legislation Creates Significant Changes for Brokers(continued from page 3)

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Renewal Time is Almost Here

Approximately 18,000 broker licenses have December31, 2007 expiration dates and must be renewed beforethe end of the year. In addition, anniversary daterenewals begin on January 1, 2008. Are you one of theaffected licensees? You may refer to the printedlicense or pocket card to check the license expirationdate or visit the Commission’s website athttp://www.dora.state.co.us/real-estate and accessthe License Database.

Renewal notices will be mailed the first week ofNovember and reflect the prorated renewal rate asso-ciated with the transition to anniversary date renewal.Renewal must be completed by December 31, 2007. Ifyou are a licensee renewing in 2008, a renewal noticewill be sent to you 45 days prior to your expirationdate. You will have a 31 day grace period after yourexpiration date to pay your renewal fee. Any renewalreceived more than 31 days after an expiration datewill be considered a reinstatement and subject to rein-statement fees.

Those wishing to renew a license on active status mustdo the following:

A. Submit a set of fingerprints to the ColoradoBureau of Investigation for purposes of a stateand national background check (allow up to 3months). If you renew in 2008 and are currentlyactive, the Division already has record of your fin-gerprint submission from the 2005 renewal cycle.

B. Renew Errors & Omissions (E & O) Insurance(allow time for transmission to Commission officebefore December 31).

C. Complete required continuing education.

The Division highly recommends that licensees usethe online renewal process. The site is secured by thelatest technologies and is available 24/7 with paymentby Visa, MasterCard, American Express, or Discovercards. Online renewal is the most reliable method andis not dependent on the postal service, which is flood-ed with mail during the holidays.

Reminder for Anniversary Date Renewals

This is the first year for your anniversary date renewal. For those licensees who last renewed inDecember 2005, this is your year. Licenses will begin expiring beginning January 1, 2008 so check your pocket license or our website athttp://www.dora.state.co.us/real-estate for yourrenewal date.

Save Time – Renew Online

Beginning November 15, 2007 licensees can renewtheir license online, 24 hours a day, 7 days a week athttp://www.dora.state.co.us/real-estate. Simply clickon the online services button displayed on the homepage and follow the prompts. Visa, MasterCard,American Express and Discover cards are all accept-able forms of payment online, and once the transac-tion is complete licensees can immediately print aconfirmation page for their records. Save the time andexpense of writing a check and mailing your renewal.Plus you will have instant confirmation of your renew-al and the peace of mind that the Division hasreceived the information and payment.

Don’t Forget to Renew E & O Insurance

All licensees who wish to remain on active status mustrenew Errors & Omissions insurance on an annualbasis. Policies issued by the state-endorsed groupprovider, Rice Insurance Services Company (RISC),run annually from January 1 through December 31.

RISC will mail renewal notices to all licensees in mid-October. Licensees are able to renew E & O insuranceby using a credit card online at www.risceo.com. Be sure your information entered is accurate (name asit appears on your license, license number, SSN).RISC will send the licensee an e-mail confirmingrenewal. The Commission will receive automaticdownload proof of coverage from RISC with no actionrequired by the licensee.

Optional coverage, higher policy limits, and extendedreporting periods are all available at extra cost. See theabove-mentioned RISC website or call RISC at (800)637-7319. Please do not call the Division of RealEstate with E & O coverage questions.

Rocky Mountain Real Estate News / Fall 2007 Page 6

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Rocky Mountain Real Estate News / Fall 2007 Page 7

Phones Jammed at Renewal

When calling the Division’s licensing section duringNovember and December, please be patient, as wereceive 300-500 calls per day. Calls are answered inthe order they are received.

Licensees can access the Division’s website athttp://www.dora.state.co.us/real-estate for answersto licensing questions. When renewing online, pleaseprint a confirmation to serve as receipt by theDivision. After the receipt is printed, it is not neces-sary to contact the Division. You can also checklicense status online from the Division’s home page byclicking on “Verify your license status or your finger-print status” or the “Search Licensees” button.

Requirement for Renewal – Criminal Background Check

Brokers licensed before July 1, 2004 must submit a setof fingerprints to the Colorado Bureau of Investigation(CBI). CBI will complete a national criminal back-ground check before the Division renews a license.The background check involves CBI conducting astate-level review. The fingerprints are then forwardedto the FBI for a national check. This process can takeseveral weeks; therefore, brokers should not wait tohave fingerprints taken and submitted. The sooneryou submit your fingerprints, the better. If yourenewed in 2005 and performed your fingerprints forthat renewal cycle, you are not required to fingerprintagain.

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The Colorado Real Estate ManualNew for 2007 —• New chapter covering the recently passed Mortgage Broker Licensing Act• New chapter discussing the law of Affiliated Business Arrangements• Fully revised and updated chapter on Water Rights• New Colorado Real Estate Commission Rules• New Board of Real Estate Appraisers Rules• Includes 2007/2008 statutory updates

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Continuing Education for Renewal

A total of 24 hours of continuing education must have been completed during your renewal cycle. Themandatory 4-hour annual update course must be taken twice within the 3-year license period, totaling 8hours. A real estate broker cannot take the same 4-hour Commission Update Course twice to receive therequired credits for the update course.

FAQ’s:

Q1. I failed to take the Commission Update Course in 2006. How do I make it up?

A1. Making it up is not possible because the course no longer exists. Please see question 5 for how to complywith missed continuing education.

Q2. Is the 4-hour annual Commission Update Course in addition to the 24 hours required for renewal?

A2. No. The Commission Update Course is included in the 24-hour total. Licensees should have 8 hours of4-hour annual Commission Update Course plus an additional 16 hours of elective continuing education.

Q3. Does the REALTOR® Ethics course qualify for continuing education?

A3. Yes, but only as part of the 16 hours of elective continuing education. Neither the N.A.R. required ethicscourse nor any other course required as a condition of membership in an association qualifies for the 8hours of Commission Update Course.

Q4. How does a licensee meet the continuing education requirements?

A4. a) Complete a Commission Update Course twice during the 3-year license period and 16 elective contin-uing education hours, OR

b) Pass the state portion of the broker licensing exam, OR

c) Complete the 24-hour Brokerage Administration course (if not previously taken for CE credit), OR

d) Complete the 24-hour Broker Transition Course (if not previously taken for CE credit).

Q5. What if I currently hold a real estate license in another state?

A5. a) Persons licensed in both Colorado and a state with which Colorado has entered a license recognitionagreement may choose either to meet Colorado’s continuing education requirement or to meet the continuing education requirements for the other state. Courses must be taken during the Coloradorenewal period to apply toward renewal of the Colorado license.

b) Licensees who hold a current license in a state with whom Colorado does NOT have a license recog-nition agreement may use hours from the other state towards Colorado elective hours, but they mustalso take the Commission Update Course totalling 8 hours during the 3-year license period.

Q6. When must continuing education be completed?

A6. a) Before renewing any active license.

b) Before applying to reactivate an inactive license

c) Before applying to reinstate an expired license on active status

Q7. What qualifies as continuing education?

A7. Courses where the subject matter contributes directly to the professional competency of a licensee. Theacceptable subject matter areas are found in C.R.S. § 12-61-110.5.

Rocky Mountain Real Estate News / Fall 2007 Page 8

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Formal Disciplinary Actions

The records of the following disciplinary actions can be accessed by clicking on the name of an individual to viewthe record online or by visiting the Division of Real Estate website under the heading Disciplinary Records at:http://eservices.psiexams.com/crec/search.jsp.

Colorado Board of Real Estate Appraisers

LAST NAME FIRST NAME DISCIPLINE IMPOSED

Alberti Frank PUBLIC CENSURE, $3000 fine and coursework

Bakke William PUBLIC CENSURE, $2000 fine, coursework and suspension for 30 days

Blanco Gabriel PUBLIC CENSURE, $1800 fine and coursework

Boring Jonathan PUBLIC CENSURE, $1500 fine, coursework, and probation for one year

Bosworth Edward PUBLIC CENSURE, $1500 fine, and coursework

Brent Donald PUBLIC CENSURE, $1200 fine and coursework

Brungard Scott PUBLIC CENSURE, $2000 fine and coursework

Budnik Daniel PUBLIC CENSURE, voluntary surrender of license

Budnik Richard PUBLIC CENSURE, voluntary surrender of license

Butler Elizabeth PUBLIC CENSURE, $1000 fine and coursework

Dildine Susan PUBLIC CENSURE, $1500 fine and coursework

Doll Michelle PUBLIC CENSURE, $4000 fine and coursework

Douglas Leonard PUBLIC CENSURE, $2000 fine and coursework

Rocky Mountain Real Estate News / Fall 2007 Page 9

Appraiser Licensure Changes

by Mike Beery

Effective January 1, 2008, the requirements for appraiser licensure will change. The Appraiser Qualifications Board (the“AQB”) of the Appraisal Foundation establishes the minimum education, examination and experience requirements for realproperty appraisers to obtain state certification. The Colorado Board of Real Estate Appraisers is required by law to implementrequirements for appraiser credentials that are no less stringent than those issued by the AQB.

The AQB has established new education, experience and examination requirements that Colorado must implement, effectiveJanuary 1, 2008. These new requirements are known as the “2008 Criteria.” To learn more about the 2008 Criteria, visit theAppraisal Foundation’s website at: http://www.appraisalfoundation.org/s_appraisal/sec.asp?CID=98&DID=133.

The 2008 Criteria significantly increase the amount of education required to become an appraiser in Colorado. The 2008Criteria also require applicants to pass a new, tougher examination. The experience requirement also changes slightly under the2008 Criteria.

The Colorado Board of Real Estate Appraisers recently held a rulemaking hearing with respect to the way that Coloradowill implement the 2008 Criteria. The proposed rule changes became effective on September 30, 2007. Applicants forappraiser credentials (initial or upgrade) are encouraged to become familiar with the new rules. The rules can be found at:http://www.sos.state.co.us/CCR/NumericalSubDocList.do?deptID=18&deptName=700%20Department%20of%20Regulatory%20Agencies&agencyID=98&agencyName=725%20Division%20of%20Real%20Estate&ccrDocID=2308&ccrDocName=4%20CCR%207252%20RULES%20OF%20THE%20COLORADO%20BOARD%20OF%20REAL%20ESTATE%20APPRAISERS.

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Esters James PUBLIC CENSURE, $24,000 fine and voluntary surrender of license

Evancich Joseph PUBLIC CENSURE, $3000 fine and coursework

Fleckenstein Kristin PUBLIC CENSURE, $1200 fine and coursework

Foster Jeff PUBLIC CENSURE, voluntary surrender of license

Gage David PUBLIC CENSURE, voluntary surrender of license

Gallup Blaine PUBLIC CENSURE, $3500 fine and coursework

Gillispie Bradley PUBLIC CENSURE, $1500 fine and coursework

Gilpatrick Eric PUBLIC CENSURE, supervision for one year

Heap Shayne PUBLIC CENSURE, $2500 fine and coursework

Hyatt Andrew PUBLIC CENSURE, $600 fine and coursework

Lawless Albert PUBLIC CENSURE, $1800 fine and coursework

Lewis James PUBLIC CENSURE, $2000 fine and coursework

Licata Gary PUBLIC CENSURE, suspension for 10 years

Magar Jamie PUBLIC CENSURE, $2000 fine and coursework

Manning Debbie PUBLIC CENSURE, $1500 fine and coursework

Maxey Sean PUBLIC CENSURE, $2000 fine and coursework

McCasland Janice PUBLIC CENSURE, coursework

Musselman Gerald PUBLIC CENSURE, $2000 fine, coursework and supervision for one year

Nielsen Delbert PUBLIC CENSURE. $3000 fine, coursework and supervision for threemonths

Orr Eric PUBLIC CENSURE, $5000 fine, coursework and supervision for six months

Pedersen James PUBLIC CENSURE, coursework

Renick Duane PUBLIC CENSURE, coursework, supervision for six months

Richards Christopher PUBLIC CENSURE, $1000 fine and coursework

Roberts Marjorie PUBLIC CENSURE, coursework

Ross Nanette PUBLIC CENSURE, $1500 fine and coursework

Schriener Michael PUBLIC CENSURE, $1500 fine and coursework

Shelman Bryan PUBLIC CENSURE, $1500 fine and coursework

Sims Martin PUBLIC CENSURE, $1200 fine and coursework

Slota Lori PUBLIC CENSURE, $1200 fine and coursework

Smith John PUBLIC CENSURE, $300 fine and coursework

Soloman Sean PUBLIC CENSURE, $2000 fine, coursework and supervision for six months

Stanley Brian PUBLIC CENSURE, $1500 fine and coursework

Weers David PUBLIC CENSURE, voluntary surrender of license

Weers Jonathon PUBLIC CENSURE, $1000 fine, inactive thru 12/31/08, expire 12/31/08 andshall not be renewed thereafter

White Lynn PUBLIC CENSURE, $3000 fine, coursework and supervision for six months

Rocky Mountain Real Estate News / Fall 2007 Page 10

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Formal Disciplinary Actions

The records of the following disciplinary actions can be accessed by clicking on the name of an individual to viewthe record online or by visiting the Division of Real Estate website under the heading Disciplinary Records at:http://eservices.psiexams.com/crec/search.jsp.

Colorado Real Estate Commission

LAST NAME FIRST NAME DISCIPLINE IMPOSED

Alamillo Xochilt PUBLIC CENSURE, $500 fine

Austin Kwami PUBLIC CENSURE, $500 fine

Bachman Steven PUBLIC CENSURE, $500 fine

Blitz Robert PUBLIC CENSURE, $500 fine

Boyd-Van’tHoff Karen PUBLIC CENSURE, $500 fine

Broncucia Joseph PUBLIC CENSURE, $500 fine

Brooks Max PUBLIC CENSURE, $500 fine

Burgess Monica PUBLIC CENSURE, $500 fine

Burke William PUBLIC CENSURE, $500 fine

Calhoun Susan PUBLIC CENSURE, $500 fine and probationary license

Campbell Ralph PUBLIC CENSURE, $1,500 fine and coursework

Castro Arlene PUBLIC CENSURE, $500 fine

Chaves Sylvia Boyd PUBLIC CENSURE, voluntary surrender

Clockston Julie PUBLIC CENSURE, $500 fine

Codarin Tammy PUBLIC CENSURE, revoked (FAO)

Coleman Jason PUBLIC CENSURE, $500 fine

Coleman Anthony PUBLIC CENSURE, $500 fine

Connelly Michael PUBLIC CENSURE, $500 fine and probationary license

Dayton Griggs PUBLIC CENSURE, $500 fine

DeGrande Danny PUBLIC CENSURE

Deis Benjamin PUBLIC CENSURE, $500 fine

DiGiacomo Joseph PUBLIC CENSURE, $500 fine

Dodge David PUBLIC CENSURE, $500 fine and probationary license

Doeden Gregory PUBLIC CENSURE, $750 fine

D’Orazio Franco PUBLIC CENSURE, revocation

Dullinger Robert PUBLIC CENSURE, $500 fine

Edgar Troy PUBLIC CENSURE, $500 fine

Ell Amy PUBLIC CENSURE, revocation

Evans Roger PUBLIC CENSURE, $500 fine

Flick Brenda PUBLIC CENSURE, $1000 fine and coursework

Fowler Michelle PUBLIC CENSURE, $1,500 fine and coursework

Fries Charles PUBLIC CENSURE, $500 fine and 90-day suspension

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Gibson John PUBLIC CENSURE, $500 fine

Goodnight Dale PUBLIC CENSURE, $500 fine

Gordon Russ PUBLIC CENSURE, $250 fine and coursework

Gordon Diane PUBLIC CENSURE, $500 fine

Hageman Gail PUBLIC CENSURE, $500 fine

Haley Susan PUBLIC CENSURE, $1000 fine and coursework

Hodgson Leanne PUBLIC CENSURE, $500 fine

Howrey Cathy PUBLIC CENSURE, $2,500 fine and coursework

Hudson John PUBLIC CENSURE, $500 fine

Huff Walter PUBLIC CENSURE, $500 fine and probationary license

Ingalsbe Colleen PUBLIC CENSURE, 4-month license suspension, $1,000 fineand coursework

Jackson Jimmy PUBLIC CENSURE, $1000 fine

Jacobs Jennifer PUBLIC CENSURE, permanent surrender

Jacobs Jennifer PUBLIC CENSURE, $3,500 restitution and coursework

Jensen Christopher PUBLIC CENSURE, $500 fine and probationary license

Johnson Janice PUBLIC CENSURE, $500 fine

Jones Ryan PUBLIC CENSURE, $500 fine and probationary license

Jones Rick PUBLIC CENSURE, permanent revocation

Key Tom PUBLIC CENSURE, $1,000 fine, 30-day license suspensionand coursework

Kokoszka Shon PUBLIC CENSURE, $500 fine

Korman Daniel PUBLIC CENSURE, $500 fine and probationary license

Koss Douglas PUBLIC CENSURE, $500 fine

Krieg Michael PUBLIC CENSURE, $500 fine, 3-year restricted license

Lagzdyn Maria PUBLIC CENSURE, $500 fine and coursework

Le Phuc “Michael” Tho PUBLIC CENSURE, $500 fine and coursework

Ledingham Thomas PUBLIC CENSURE, $500 fine

Lehman David PUBLIC CENSURE, permanent surrender

Lemoine Dixie Lee PUBLIC CENSURE, permanent surrender

Lovell Tim PUBLIC CENSURE, $500 fine and 90-day suspension

Lukanovich Susan PUBLIC CENSURE, permanent surrender

Mangiarelli Ronald PUBLIC CENSURE, $500 fine

Manzanares Joe PUBLIC CENSURE, $3,500 fine and coursework

Maybee Peter PUBLIC CENSURE, $500 fine

McBride Kimberly PUBLIC CENSURE, $500 fine, 3-year restricted license

McCoy Derek PUBLIC CENSURE, $500 fine

McDonald Stephen PUBLIC CENSURE, permanent surrender

Meythaler Jeffrey PUBLIC CENSURE, see paragraph 8a. and 8b. of stipulation

Mierra Martha PUBLIC CENSURE, $500 fine

Mitchell Marci PUBLIC CENSURE, $500 fine

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Moore Barbara PUBLIC CENSURE, revocation

Motheral Leigh PUBLIC CENSURE, $500 fine

Nardi Peter PUBLIC CENSURE, permanent surrender

Neal Dennis PUBLIC CENSURE, permanent surrender

Olsen Tynan PUBLIC CENSURE, permanent surrender

Ough Scott PUBLIC CENSURE, permanent surrender

Palmonari Alcide PUBLIC CENSURE, $500 fine

Paterson Robert PUBLIC CENSURE, $500 fine and coursework

Paterson Arthur PUBLIC CENSURE, $500 fine and coursework

Peters Kim PUBLIC CENSURE, permanent surrender

Porter Rodney PUBLIC CENSURE, $500 fine

Powers John PUBLIC CENSURE, $500 fine

Quimby Sabine PUBLIC CENSURE, $1000 fine and coursework

Rayback Lynn PUBLIC CENSURE, revocation

Sadler Gary PUBLIC CENSURE, $500 fine and coursework

Scheuermann Eric PUBLIC CENSURE, permanent surrender

Sedillos Gary PUBLIC CENSURE, $500 fine

Sessions Stanley PUBLIC CENSURE, $500 fine

Shea Alfred PUBLIC CENSURE, revocation

Shoptaugh Frank PUBLIC CENSURE, $500 fine

Snyder Candy PUBLIC CENSURE, probationary license

Soukup Troy PUBLIC CENSURE, permanent revocation

Stefan Christopher PUBLIC CENSURE, $500 fine

Stone Michael PUBLIC CENSURE, permanent surrender

Stone Kenneth PUBLIC CENSURE, $500 fine

Strebeigh Timothy PUBLIC CENSURE, $500 fine

Tanner Frank PUBLIC CENSURE, $500 fine

Tarantino Joseph PUBLIC CENSURE, $500 fine

Velpuri Seshagirirao PUBLIC CENSURE, $5,000 fine and 6 month licensesuspension

Wagner Gregory PUBLIC CENSURE, $500 fine

Walker Norma Lou PUBLIC CENSURE, permanent surrender

Walker Rick PUBLIC CENSURE, $500 fine

Watkins Donald PUBLIC CENSURE, $500 fine

Watt John PUBLIC CENSURE, $500 fine

Welty Bruce PUBLIC CENSURE, see paragraph 6 & 7 of stipulation

Wilcox Craig PUBLIC CENSURE, $500 fine

Wilson Craig PUBLIC CENSURE, $500 fine

Zimmerman Richard PUBLIC CENSURE, 30-day license suspension, $7,500restitution and coursework

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