Spring 2013 - Indiana Institute and our Chapter. 2013 National AI President Rick Borges Michelle...

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The Appraisal Institute has developed the Candidate for Designation Advisor's pro- gram in which designated mem- bers are given the opportunity to serve candidates on a one-on- one basis. To qualify, desig- nated members must take a one hour Advisor Orientation course, available online. Advisors are eligible for continuing education credit with the Appraisal Institute. Several of our members are approved advisors. If you are interested and have any questions, feel free to ask me. JB Lightle, our Education Com- mittee Chair, has been serving our chapter for several years and started off 2013 with a new seminar, Marketability Studies: Six-Step Process & Basic Applica- tions. The Appraisal Institute's 2009 President, Jim A. Amorin, MAI, SRA was our instructor, and I heard several members comment on the high quality of education provided by the course material and the instruc- tor. JB has three additional educational offering planned for us during the rest of the year, including Complex Litigation Appraisal Case Studies which will be taught by none other than AI's 2010 President, Joe Magdziarz, MAI, SRA. Check out the 2013 education calendar on the Memphis Chapter’s website (www.aimemphis.org ) for spe- cific dates. JB welcomes your thoughts on future educational offerings and is always willing to make room for new committee members. Fortunately for us, we are also served. Our sponsors gener- President’s Letter Spring 2013 Volume 3, Issue 1 Spring 2013 Special points of interest: Remember to RSVP for the Chapter Meeting Register for local upcoming education Inside this issue: 2013 Calendar Chapter Leadership LIA Q&A 2 Education Seminar Schedule Online Education National Advanced Education Reminder to RSVP for Quarterly Chapter Meeting 3 Reflections Quotable Quotes AI Webinars 4 Government Relations Report Mission Statement Candidate Info New Member 5 Tax Sales 101 6 Chapter Sponsors 2012 Lifetime Achievement Award - Bud Balkin 7 2012 Holiday Party and 2013 Officer Installation Photos 8 This quarterly publication is an effort to keep you, the AI membership, informed of issues and events at the Chapter, Regional, and National levels. Thank you in advance for taking the time to enjoy this member benefit! Memphis, TN I am consistently reminded by various real estate profession- als of our chapter's well- respected reputation within our local community. The Memphis-Tennessee Chapter is a strong force within Region IX of the Appraisal Institute. I made my first visit to the National Appraisal Institute office last March and employ- ees asked about several of our members by name. They are known from their service to the Appraisal Institute. During lunch that day Doug Hall tapped me on the shoulder. He was serving our chapter, our region, and the national membership as a volunteer on a national committee. This is what we do, we SERVE. We serve our community, our or- ganization, the public, and each other. The Candidate for Designation program kicked off January 1, 2013. We have 29 members that have entered the program. These members have committed to further their education, increase their experience, and take their pro- fessional careers to the next level. Their future designations will prove their commitment to serve the public's interest. We as a chapter are here to serve these candidates with advice, mentorship, and encourage- ment through their path to designation. Jim Plante and Randolph Word have joined me as members of the Candi- date Guidance Committee. If you are interested in serving on this committee, let us know. ously support our Chapter and we need to serve our sponsors by utilizing their services and providing referrals. After all our sponsors, like us, are experts in their fields. This is what we do, we SERVE. I look forward to serving as your 2013 Chapter President and seeing you at our April 25th chapter meeting. Michelle Alexander, MAI President - Memphis Chapter PS - It will be of no surprise to anyone that the most popular person from our Chapter is our Executive Director, Susan Evans. Susan is highly regarded nation- ally by all AI members and staff that know her. Our Chapter could not function without Susan's hard work. When you have the opportunity, please let her know your appreciation for her commitment to the Appraisal Institute and our Chapter. 2013 National AI President Rick Borges with 2013 Memphis Chapter President Michelle Alexander

Transcript of Spring 2013 - Indiana Institute and our Chapter. 2013 National AI President Rick Borges Michelle...

The Appraisal Institute has

developed the Candidate for Designation Advisor's pro-

gram in which designated mem-bers are given the opportunity to serve candidates on a one-on-one basis. To qualify, desig-nated members must take a one hour Advisor Orientation course, available online. Advisors are eligible for continuing education credit with the Appraisal Institute. Several of our members are approved advisors. If you are interested and have any questions, feel free to ask me.

JB Lightle, our Education Com-

mittee Chair, has been serving our chapter for several years and started off 2013 with a new seminar, Marketability Studies: Six-Step Process & Basic Applica-tions. The Appraisal Institute's 2009 President, Jim A. Amorin, MAI, SRA was our instructor, and I heard several members comment on the high quality of education provided by the course material and the instruc-tor. JB has three additional educational offering planned for us during the rest of the year, including Complex Litigation Appraisal Case Studies which will be taught by none other than AI's 2010 President, Joe Magdziarz, MAI, SRA. Check out the 2013 education calendar on the Memphis Chapter’s website (www.aimemphis.org) for spe-cific dates. JB welcomes your thoughts on future educational offerings and is always willing to make room for new committee members.

Fortunately for us, we are also

served. Our sponsors gener-

President’s Letter

Spring 2013 Volume 3, Issue 1

Spring 2013

Special points of

interest:

Remember to RSVP for

the Chapter Meeting

Register for local

upcoming education

Inside this issue:

2013 Calendar

Chapter

Leadership

LIA Q&A

2

Education

Seminar Schedule

Online Education

National Advanced

Education

Reminder to RSVP

for Quarterly

Chapter Meeting

3

Reflections

Quotable Quotes

AI Webinars

4

Government

Relations Report

Mission Statement

Candidate Info

New Member

5

Tax Sales 101 6

Chapter Sponsors

2012 Lifetime

Achievement

Award - Bud Balkin

7

2012 Holiday Party

and 2013 Officer

Installation Photos

8

This quarterly publication is

an effort to keep you,

the AI membership,

informed of issues and

events at the Chapter,

Regional, and National levels.

Thank you in advance for

taking the time to enjoy this

member benefit!

Memphis, TN

I am consistently reminded by

various real estate profession-als of our chapter's well-respected reputation within our local community. The Memphis-Tennessee Chapter is a strong force within Region IX of the Appraisal Institute. I made my first visit to the National Appraisal Institute office last March and employ-ees asked about several of our members by name. They are known from their service to the Appraisal Institute. During lunch that day Doug Hall tapped me on the shoulder. He was serving our chapter, our region, and the national membership as a volunteer on a national committee. This is what we do, we SERVE. We serve our community, our or-ganization, the public, and each other.

The Candidate for Designation

program kicked off January 1, 2013. We have 29 members that have entered the program. These members have committed to further their education, increase their experience, and take their pro-fessional careers to the next level. Their future designations will prove their commitment to serve the public's interest. We as a chapter are here to serve these candidates with advice, mentorship, and encourage-ment through their path to designation. Jim Plante and Randolph Word have joined me as members of the Candi-date Guidance Committee. If you are interested in serving on this committee, let us know.

ously support our Chapter and we need to serve our sponsors by utilizing their services and providing referrals. After all our sponsors, like us, are experts in their fields.

This is what we do, we SERVE.

I look forward to serving as your 2013 Chapter President and seeing you at our April 25th chapter meeting.

Michelle Alexander, MAI President - Memphis Chapter PS - It will be of no surprise to anyone that the most popular person from our Chapter is our Executive Director, Susan Evans. Susan is highly regarded nation-ally by all AI members and staff that know her. Our Chapter could not function without Susan's hard work. When you have the opportunity, please let her know your appreciation for her commitment to the Appraisal Institute and our Chapter.

2013 National AI President Rick Borges

with 2013 Memphis Chapter President

Michelle Alexander

Monday, April 1-

Friday, April 5

General Education - National-

Sponsored Advanced Education

Course Advanced Concepts &

Case Studies

Thursday, April 18 Board of Directors Meeting Thursday, April 25 Chapter Meeting

Friday, June 7

Residential Education - Using

Spreadsheet Programs

Thursday, July 11

Board of Directors Meeting

Thursday, July 18

Chapter Meeting – Breakfast with

Tax Assessor 8:30 am at MAAR

MAAR Education Center

Sunday, July 21-Friday, July 26

Regional/Chapter Leadership/

Memphis 2013 Calendar of Events

Page 2 Spring 2013

CHAPTER

LEADERSHIP

OFFICERS AND DIRECTORS

President

Michelle Alexander, MAI .............. 901-866-4934

Vice-President

Jim Plante, SRA ............................. 731-645-6595

Secretary/Treasurer

Randolph Word……………………901-323-6095

Directors

Bill Barnes, MAI…………………. 901-937-3982

Doug Hall, MAI,………………….. 901-465-1937

Bob Abbott, MAI…………………. 901-680-0750

Ray Hoover, SRA ………………... 901-682-0700

Judy Kitchens, SRA ……………… 662-349-5971

Past President/Nominating Chair

Eric Trotz, MAI .............................. 901-683-7373

COMMITTEE CHAIRS

Education, JB Lightle ..................... 901-725-1980

Finance, Bill Hunter ....................... 901-634-7566

Membership, Kristi Rikard ............. 901-461-9557

Geneneral Guidance, Michelle Alexander

....................................................... 901-866-4934

Residential Guidance, Jim Plante ... 731-645-6595

Govt. Relations, Mark Johnstone ... 731-668-1812

Newsletter, Dana Richardson……. 901-206-2261

OFFICE STAFF

Susan Evans……………………….901-218-0782

NEWSLETTER NOTES

Articles may be submitted via email to Dana

Richardson or the Chapter Office. Mail to: P.O.

Box 172265, Memphis, TN 38187

Memphis, TN

“Obligated to Update?”

Q&A Provided by Education Sponsor,

Liability Insurance Administrators

Q: "I appraised a single family residence for a good lender client about a

year and a half ago. Today I got a call from another lender wanting an

"update". I explained to this guy who called today that I could not do an

"update" but, rather that this would have to be a new assignment. I also

explained that I was really busy right now and was unable to take the job.

The guy started yelling at me that the loan was about to close and that if I

did not get them an "update" ASAP he would sue. The truth is that this

lender refused to pay a friend of mine a while back and had to be taken to

small claims court before they paid up. I don't want to work for a com-

pany like that. Do I have anything to worry about?"

A: Not at all. You were correct in everything you said and you have no

obligation to accept an assignment just because a lender threatens you. I

suspect this lender got a copy of your old appraisal and relied on it

(without justification) to make a loan. Now they need an appraisal report

in their files and are trying to bully you into doing something you do not

want to do. This is their problem, not yours.

Written by Claudia Gaglione,

National Claims Counsel

for LIA’s Real Estate Appraiser

E&O Program

Friday, September 6 Appraiser Education - USPAP

Update

Thursday, October 10 Board of Directors Meeting

Thursday, October 10

Chapter Meeting – Reception with

Joe Magdziarz, 6:00 pm

Jim’s Place Restaurant

Friday, October 11

General Education - Complex

Litigation

Thursday, December 5

Board of Directors Meeting

Thursday, December 5

Holiday Party /Officer Installation

Chapter Directors meetings and

educational events are held at

MAAR. Chapter luncheons are held

at Chickasaw Country Club.

Spring 2013 Memphis, TN

PLEASE REMEMBER TO Mark Your Calendar & Save the Date for our quarterly

Chapter Meeting on April 25 We look forward to seeing YOU !

Click here to RSVP to save your spot!

Page 3

Online Education: Learn at your

own pace anytime,

anywhere.

Top-notch Appraisal Institute courses

and seminars come straight to your

desktop with online education! Learn from any computer anywhere, when-

ever you have time. It’s easy, conven-

ient and a great way to get the edu-

cation you want.

Check out the current course listing

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Education - Sponsored by LIA Insurance Administrators

PLEASE SUPPORT YOUR LOCAL EDUCATION

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JUNE 7 - Residential USING SPREADSHEET PROGRAMS IN REAL ESTATE

APPRAISALS – THE BASICS

Instructor: Warren Klutz III, MAI, SRA - CE: TN - 7 hrs; AI - 8.75 hrs

SEPTEMBER 6 - All Appraisers NATIONAL USPAP UPDATE COURSE, 7-HOUR

Instructor: Jim Atwood, SRA

OCTOBER 11 - Commercial COMPLEX LITIGATION APPRAISAL CASE STUDIES

Instructor: Joe Magdziarz, MAI, SRA - CE: 7 hrs

Seminar Schedule

We have three great educational offerings scheduled for the balance of 2013.

National is also bringing an advanced commercial course to our market area, and we’re super excited! We hope you will be too and will consider the following when deciding whether or not to attend local classes to obtain your CE and commercial AE this year: great instructors, centrally-located education facility with easy parking, snacks provided, reasonable seminar fees, peer administration, etc. Please visit the Education Page on our website, www.aimemphis.org, and check out and register for our scheduled 2013 educational offerings. If you have recommen-

dations for future seminars, please let us know. For information about local, national, and online educational offerings by the Appraisal Institute, please refer to www.appraisalinstitute.org. Please direct all

Education questions to JB Lightle.

National to Bridge the Gap and Bring Advanced

Education to Memphis Market Area Advanced Concepts and Case Studies April 1-6 at the Wingate by

Wyndham Cordova. Taught by Don M. Emerson, MAI, SRA Description: This course synthesizes basic and advanced valuation techniques taught in previous courses, and addresses consistent treatment of the three valuation ap-proaches for various valuation problems. Case studies teach participants how to ad-dress common but complex appraisal issues, including a leased fee not at market rent, a proposed property, a property in a market not at equilibrium, and a subdivision. The course emphasizes the need to test the reasonableness of conclusion in an appraisal. Note: This is primarily a synthesis course, not a review course. Like all advanced edu-cation courses sponsored by the Appraisal Institute, the course naturally reviews many concepts taught in previous courses. However, it includes some new material and does not include a complete overview of the other courses. Therefore, Advanced Concepts & Case Studies should not be considered an adequate review for the comprehensive exam. To prepare for the comprehensive exam, associates must review all four advanced education courses, as well as basic concepts from qualifying education for certified general appraisers.

Classes are conveniently offered at

the MAAR Education Center on

Poplar Avenue in Memphis.

Register today for these timely

seminars! Click here for more

information on LIA Insurance

Administrators, our Chapter

Education Sponsor.

Page 4 Spring 2013 Memphis, TN

Last year was an extremely

rewarding year for me. I had the

pleasure and honor of serving our

Chapter as the 2012 president.

This was a repeat for me as I was

also the Chapter president in

2006. A president’s term starts on

the day of the installation; how-

ever, the planning for the term

starts many months prior to the

term. To learn about the issues

and to better serve our Chapter,

it becomes necessary to attend

out-of-town meetings as well as

attend regular Region IX confer-

ence calls. But, to become pre-

pared to lead our Chapter one

cannot fully grasp the issues with-

out having served in other capaci-

ties for many years leading up to

the presidency. I joined our Chap-

ter the moment I entered the

appraisal profession. Did someone

say 1990? I have been a regular

meeting and education attendee

ever since. I have always found

our members to be encouraging,

and without this support system I

am not sure how long I would

have lasted. But I did last, and am

ever so thankful for the connec-

tions and friendships I have made

through the years.

Last year provided me with the

opportunity to network not only

with other national and regional

leaders but to meet and network

with local Chapter members as

well. What I learned from you

was that we have a passionate

group of members who are proud

of their association with the

Chapter who also aspire for our

Chapter to succeed in the future.

Our members realize this takes

personal commitment to make it

happen, and based on what I have

heard, our members are up to the

challenge. Per our

bylaws, during the

year after the

presidential term

the president has

duties to perform

which include

forming a nomi-

nating committee

and seeing to it that elections are held

on a timely basis. I won’t be nearly as

busy this year with Chapter planning

and execution as I was last year, and I

hope to be able to spend more time

with you when I see you in the fu-

ture. If I can ever be a resource to

you, please do not hesitate to contact

me.

If you are considering becoming a

Chapter leader, or would just like to

be involved to help others, now is the

perfect time let your desire be

known. Regardless of your length of

time as a Chapter member, it is never

too early or too late to volunteer.

Most importantly, please support our

current leaders who have invested a

lot of their personal time into making

sure we all have a great AI Chapter to

belong to.

Eric Trotz, MAI

REFLECTIONS 2012 Memphis Chapter President Eric Trotz, MAI,

shares his thoughts on leading local appraisal efforts

Check out this member benefit: Appraisal Institute

Webinars Offer Convenient, Valuable Training The Appraisal Institute conducts regular webinars on today’s “hot” appraisal issues and

appraisal business practice topics. AI webinars cover industry issues that are top-of-mind

for real estate appraisers, including residential appraisal form changes, guidelines for

appraising distressed real estate and lead generation tactics during an economic down-

turn. More info available here.

You can listen to recorded webinars for FREE or you can purchase AI webinars!

This AI Member benefit is for YOU! Attend a “virtual class” from anywhere as long as

you have access to the Internet and a phone. Listen to webinar facilitators via conference

call while you view presentations on your computer screen. Interact with webinar

facilitators and other participants by submitting questions anytime during the webinar,

participating in live polls and chatting with fellow participants with instant messaging!

Take advantage of this member benefit today!

I Remember When . . . III. My first hand-held electronic calculator

used two AA batteries (I don’t remember

the brand), but it could only Add, Subtract, Multiply and Divide with Red

numbers in its display of the answers.

This calculator was larger than the HP-

12C and about twice as thick. This calculator cost me $122.50 and was a big

improvement over the clumsy Marchant

and much lighter and smaller and performed the same functions faster.

The Marchant was mechanical and not

portable nor electronic.

IV. My first Financial Calculator was the

Texas Instrument that required me to

bring out the instruction book almost

every time I used it. If correct, this

calculator did NOT use the reverse polar

notation that is common to the HP-12C

and other financial calculators. When

taking my exams for the MAI, CCIM,

CPM and SIOR courses, the HP-12C

users were through while I was still

punching buttons on my Texas

Instrument machine. I quickly “ditched it” for the HP-12C, then got a 19B but re-

turned to the “12C” that does all that I

typically need to perform my work.

Quotable Quotes by Bryan A. Crisman, Old MAI

Page 5 Spring 2013 Memphis, TN

Time is of the Essence by Mark Johnstone, MAI, CCIM

I recently had the privilege and honor of

being appointed to the TN Real Estate Appraiser Commission, an appraiser member representing West Tennessee, by Governor Haslam. The term runs through June 30, 2015, and I am thankful for the opportunity to serve. Some in-sight on our biggest challenge immedi-ately facing the State of Tennessee is implementation of the new Appraiser Qualification Criteria changes. On December 9, 2011, the Appraiser Qualifications Board (AQB) adopted changes to the Real Property Appraiser Qualification Criteria (Criteria) that will become effective January 1, 2015. These changes represent minimum national requirements that each state must implement no later than January 1, 2015. Please note that one of the adopted changes eliminates the “segmented” approach to imple-mentation, which means that as of January 1, 2015, all applicants must satisfy all portions of the new Criteria in order to obtain a real property appraiser credential. A summary of the changes can be found on The Appraisal Foundation’s (TAF) website at: https://appraisalfoundation.sharefile.com/d/sd2f26fafefe402ab Here are some of the changes that will affect new applicants, current trainees, and anyone intending to upgrade an appraiser credential:

Bachelor’s degrees will be required for certified residential or certified general applicants. State licensed appraiser applicants will have college level education requirements, but may not be required to hold a degree.

Fingerprinting and background checks will be required for all new applicants.

No “grandfathering” of education, experience, or examination. You must hold the credential prior to 2015 or you will be entirely on the new requirements.

All qualifying education for registered trainee applicants will have to be obtained within 5 years of application.

Both Trainees and Supervisors will have course requirements; Supervisors may not have been disciplined within the prior 3 years in a manner that affected their ability to engage in ap-praisal practice.

Education and Experience must be completed prior to taking the AQB approved National Uniform Licensing and Certification

Examination. Johnstone is the Chapter 2013 Government Relations Chair.

KUDOS TO OUR FORMER ASSOCIATES

WHO ARE ENROLLED IN THE NEW

CANDIDATE FOR DESIGNATION PROGRAM!

More information is available on the Appraisal

Institute’s Home Page. You may also click to view the

video presentation by 2012 National President Sara

Stephens, MAI, that provides an overview of the new

Candidate for Designation Program.

CANDIDATE ADVISORS NEEDED!

Designated Members, please contact Kristi

Rikard, SRA, if you’re interested in partici- ating in this important role with your

Appraisal Institute!

Chapter Mission

Statement:

The mission of the Chapter is

to support and advance the

member in a relationship with the market

for valuation

services. The chapter exists solely for the

benefit of the member.

The Memphis Chapter strives to:

Promote chapter members to users of

valuation services in the Chapter’s

geographic territory. Advance the public awareness of the

distinct differences between chapter

members and state approved

appraisers. Provide a forum for chapter members

to receive information and have direct

input into matters affecting the real

estate profession

Welcome to the

Memphis Chapter Please welcome our

newest member!

Affiliate Charles Sidney Crocker

Page 6 Memphis, TN Spring 2013

At the January 31, 2013 Chapter meeting, we were fortunate to have

David Lenoir, Shelby County Trustee, to give us a presentation about the manner in which tax sales are conducted. During that presentation, I asked him at what point the County assumed ownership of levied property, under the theory that you cannot sell what you do not own. Later on, I asked what kind of deed one receives when one purchases property at a tax sale. The answers to these questions led me on an expedition through the

tax enforcement statutes.

They're complicated. The answer to whatever question you might have is, “It depends...” I thought you might find a few insights at least thought-provoking, if not helpful. As always, I remind you that I am not an attorney, I don't play one on TV, and I don't have a preference for any particular motel chain. If you have a property involved in any kind of legal dispute, please consult a real attorney.

(May I refer you to one of our sponsors, Evans Petree?)

First of all, the county never assumes ownership of the levied property at all. It doesn't need to. What is sold certainly sounds like the property, but it is not. When you purchase real property at a tax sale, you will (upon pay-ment) be given a Certificate of Sale (TCA 67-1-1421). This certificate acts as a legal conveyance of “the right, title and interest” of the delinquent party in the property sold. After the redemption period of 120 days [TCA 67-1-1420(b)(1)], the purchaser may present this Certificate to the Clerk and Master and receive a Clerk and Master's Deed, which shall “recite the facts

set forth in the certificate,” [TCA 67-1-1422(a)(1)].

So what you get at a tax sale, whether through the Clerk and Master or the Land Bank, is the right, title, and interest of the delinquent taxpayer that existed on the date of the levy (not the sale.) Further, TCA 67-1-1416

says,

“If any property liable to levy is not divisible so as to enable the commissioner or the commissioner's delegate by sale of a part of the property to raise the whole amount of the tax and expenses, the whole of such property shall be sold.”

Suppose you buy 600 acres of woods at a tax sale, because John Doe didn't pay his taxes. You get your Certificate, which says that you now own John's right, title, and interest in 600 acres of woods. The Clerk & Master's deed confirms this. You decide to build a nice country estate on your newly acquired land. But when you show up with a bulldozer and contractors,

there's Joanna Doe standing in the driveway.

“Whatcha doin'?,” she asks. “Gonna build a house,” you answer. “Big one.” “No, you aren't.” “Why not?” you ask. “Because I own a 50% undivided interest in this land, and I don't want my land disturbed. I don't want the wildlife disturbed, the grass trampled, the trees cut, or the blackberries picked. You so much as kill a snake on this land, and I'll sue you out of your other shirt. Every tree, every blade of grass, every grain of sand on this property is 50% mine. Now take your bulldozer and go home.”

You check John Doe's Warranty Deed to the property, and find out that it

In My Opinion . . . Tax Sales 101 Jim Plante, SRA

was deeded to both John and his sister Joanna Doe as joint tenants in common. You purchased only John's right title and interest in the land—his 50%, not the land itself. Since the only “controlling interest”

in real estate is 100%, you're stuck.

You can, of course, sell your undivided interest. Or you can enter a partitioning action in Chancery Court to force the sale of the property

(the real property, not the right, title, and interest that you bought). But that will take four or five years to resolve if it

goes to appeal. Either path will be very expensive.

If it were just an individual who fell into this mess, I would say, “Caveat Emptor!” (Let the buyer beware!) But it's a different thing altogether when you've been hired as a real property consultant, and you fail to warn of these traps. Even worse, if you're engaged to advise a client about the value of the land to be acquired and fail to disclose these shortcomings, you could find yourself in a lot of trouble. Does your E&O insurance cover ap-

praisal consulting assignments under Standard 4?

You need an attorney when you're dealing with a pur-chase at a tax sale. You can get an Attorney's Opinion letter that pertains only to your particular fact situation, or you might be able to use a Due Diligence Memorandum

to cover your assets. Call an attorney and discuss your facts with her.

See what scope she recommends, and then take her advice.

The difference is this: An Opinion letter covers only the particular fact situation set forth. Craft your request carefully, with the help of the attorney. She knows what questions she can answer, and which ques-tions will devolve to “It depends...” But if one single minute fact changes, then the whole opinion is null and void. A Due Diligence memorandum is broader in scope, and does not deal with the specific facts—only general law. It lasts until the authorities cited are amended. This could occur due to changes in the statutes or in court

decisions (called stare decisis by lawyers).

The cost of an Opinion or Memorandum will vary with the lawyer, the law firm, and the subject matter. I have obtained a Memorandum for as little as $500. Because a Memorandum can be used many times for many different clients, I absorbed the cost. (The questions pre-sented were: When does a manufactured home cease to be chattel property and become real property in Tennessee? When, if ever, does it revert to being chattel property?) An Opinion is good only for one client, and only for the specific facts. Your client should agree to pay

for an Opinion.

I love reading statutes and court decisions. I find them as entertaining as a Sears catalog in the outhouse, even though sometimes all they offer is similar utility. But the actual practice of law is for professionals. The law, like a surgeon's scalpel, is a precision instrument that re-quires professional training and extensive practice to handle properly. And tax matters can get complicated enough to confuse Machiavelli. If you have a client who is anticipating a purchase at a tax sale, please

get an attorney involved in the decision.

Plante is the 2013 Chapter Vice President.

PO Box 172265 Memphis, TN 38187

Phone: 901-218-0782 Fax: 888-962-9779

E-mail: [email protected]

MEMPHIS CHAPTER

OF THE

APPRAISAL INSTITUTE

www.aimemphis.org

Special Thanks to our 2012 Gold Sponsors:

Evans|Petree PC

Harris Shelton

Hanover Walsh, PLLC

Pickering Firm

Chandler Reports

MAAR Commercial Council

Memphis, TN Spring 2013 Page 7

Congratulations

to our third annual

Lifetime Achievement Award Recipient

A. E. “Bud” Balkin, MAI - 2012

The Memphis Chapter of the Appraisal Institute’s Lifetime

Achievement Award was created to recognize people who

have significantly contributed to our Chapter, the appraisal

industry as a whole, and the local community.

Our Chapter is lucky to have had and continue to have

many outstanding people who have been a part of this

organization, explained Rand Bouldin, 2011 Chapter

President, chair of the 2012 Nominations Committee.

“We had a number of people, both active, retired and

even deceased appraisers, who would certainly be

deserving of this award,” Bouldin said. “However, our

choice for 2012 was actually very easy—Mr. Bud Balkin.”

Bud has been a real estate appraiser since 1959—53

years—and received the MAI designation in 1967, the

SIOR designation in 1968, and the CRE designation in

1970.

“And we thought we were tired of writing appraisal reports,” Bouldin joked. “When I asked Bud

about his most interesting appraisal assignment, he came up with a good one—he appraised the

Nuclear Power Plant in Iuka, MS!”

Balkin served as President of both the Memphis Chapter of the Society of Real Estate Appraisers

and the Memphis Chapter of the American Institute of Real Estate Appraisers before they were

combined to create the Appraisal Institute. He is also a past President of the Memphis Chapter

of the Society of Industrial and Office Realtors. He also served in regional and national positions

for the SREA and is past Vice President of the Memphis Area Association of Realtors.

“Bud has been a leader and mentor

in the local appraisal community for

many years,” Bouldin said. “We are

pleased and honored to acknowl-

edge his accomplishments in our

field with his selection as our

Chapter’s 2012 Lifetime

Achievement Award recipient.”

Now retired, Balkin travels the

world with his wife, Sue,. They

celebrated their 60th wedding

anniversary in 2011 and have three

children, six grandchildren, and four great grandchildren. He graduated from Northwestern

University in 1952 with a degree in Mechanical Engineering and served for 31/2 years in the US

Navy as an Engineering Officer during the Korean War.

Memphis, TN Spring 2013 Page 8

Page 8 Memphis, TN Spring 2013

2012 Holiday Party and Officer Installation Longtime Memphis MAI

Walter Allen conducts

the 2013 Chapter Officer

Installation. From left: Bob

Abbott, MAI, Director; Eric

Trotz, MAI, Immediate Past

President; Judy Kitchens, SRA,

Director; Doug Hall, MAI,

Director; Randolph Word,

MAI, Secretary/Treasurer; Jim

Plante, SRA, Vice President;

and Michelle Alexander, MAI,

President. Not pictured: Ray

Hoover, SRA, Director.

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7– Dr. Broderick

Nichols with the University

of Memphis

University College

thanks the AI

Memphis Chapter for their donation

to the Elaine

Walsh Memorial

Scholarship.

2-Kevin Walsh accepts the Sponsor Gift for

Harris Shelton Hanover Walsh. 3 - Michelle

Alexander, 2013 Chapter President, presents

Eric Trotz with an appreciation plaque for his

2012 service as Chapter President. 4 - Michelle

Alexander and Walter Allen pose after the

installation ceremony.

5-Eric Trotz presents Nicci Lundquist with a

donation to the MAAR Education Foundation.

6– Michelle Alexander presents Jonathan Stone

(left) and Allen McCool (right) with the 2012

Associate Scholarships.

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