Appraiser Defense.com Ted Whitmer, MAI CCIM Attorney
Background • About Ted Whitmer • Services –Legal: Defend Appraisers –Consulting: Assist Attorneys –Review: Act as Expert Witness
The Complaint Process • Who Complains? –Dodd Frank –Others – TDI, home owner, attorney, etc. –Board Initiated – Experience, other complaint, testimony in court case, etc.
The Complaint Process • Steps –Complaint –Answer –Dismissal or Informal Conference –Agreed Order, Dismissal or SOAH
The Complaint Process • Common Mistakes in an Answer –Failing to Respond –Too little information –Too much information –Misunderstanding Record Keeping
Do You Need Representation? • Greater than 50% of cases are dismissed • Many cases are lost on the answer • I will use a lawyer if there is a complaint file on me
What I Offer • Three Levels of Service through Informal conference –A Do-it-yourself kit to answer a complaint –Above + will look over the answer –Legal Representation: All of the above + will represent you through either dismissal, Agreed Order, or Informal Conference.
What I Offer • The fourth level of representation is not listed in the previous three – I will represent you in a State Office of Administrative Hearing case (SOAH) if there is no settlement.
What Do You Need to Do Now? • First: Contact an attorney • Second: Contact your insurance company • Third: Get an extension or timely answer the complaint
Videos Included in Services • Answering a complaint • Overview of the Process • Overview of Laws & Regulations • Workfile: What is it? • Preparing for an Informal Conference
• Better Practices 1: Avoiding Trouble • Better Practices 2: Avoiding Trouble • Agreed Order: Ramifications • Being a Better Witness • Overview of SOAH • Discovery in SOAH • Mediation in SOAH
Contact Information • Ted Whitmer • 2508 Merrimac Ct • College Station, TX 77845 • Phone: 979.690.9465 • Email: [email protected]