John Rebchook is a former Rocky Mountain News reporter with more than 30 years of experience in writing and communications... 
Erin Toll, on leave as head of the Colorado Division of Real Estate, has hired an attorney.
Bill Finger, Erin Toll’s lawyer, in an interview late today with InsideRealestateNews.com, said Toll seems to be embroiled in a “political hot potato,” while on leave as director of the Colorado Division of Real Estate.
Toll’s departure this week from running the division came in the wake of a dispute with Colorado Sen. Ted Harvey, (R-Highlands), a mortgage broker with American Home Funding, which is being investigated for allegedly misrepresenting consumers with fliers that reportedly look like a government document.
“It looks like to me, and I have not been involved in it that long, that is a pretty political hot potato,” Finger said. I asked him if it is a political hot potato because of Sen. Harvey’s role. “Well, yeah,” he replied. “He is a licensed broker. He certainly would have a vested interest,” in an investigation of the company that employs him.
But he declined to go into any other details. Harvey, reached Monday morning, had no comment.
“I have to be very careful of what I say because of client-lawyer confidentiality,” Finger said.
Finger, who has known of Toll since she was a deputy insurance commissioner, before she became real estate commissioner, said that Toll is an excellent public servant. When I asked him if he thought critics were judging her too harshly, he declined to comment. Some people have accused her of wielding so much power that she is the “judge, jury and executioner,” for example.
Toll wants to do the right thing
“I can make a comment that I know she strives to do good in serving the public,” Finger said. “She wants the public to get truthful information and she wants to make sure the public gets accurate information. She has strived for that throughout her career. I am in regular contact with her, and I think we should have more state employees like that.”
I asked her what Toll’s mood is, but he declined to comment.
Finger also declined to say whether Toll voluntarily took a leave of absence or if she was told to take a leave.
“Those type of things could reflect on representation, so I can’t comment on things like that,” Finger said. I pressed him on the issue, saying that some people don’t understand what her strategy would be in voluntarily stepping aside. Others, I said, say that they think by hiring a lawyer, that indicates that she was asked to take the leave of absence.
“My job is to provide full representation to Erin,” Finger said. “Part of that may be to try to analyze the situation and come up some possible solutions and strategies.”
More news could be on its way
I also asked him if anyone at the Department of Regulatory Agencies, which oversees the real estate division, or the state, has asked her to step down permanently. He said he has had no conversations with any top officials at DORA or the state, at this time. However, he said he may want to schedule meetings with DORA and state officials at a later time
Without talking about Toll specifically, Finger said that he and his firm represent government employees and others on a wide variety of issues, ranging from wrongful termination to civil rights violations.
When I asked him if he, or Toll, would be making a public statement about Toll in the near future, he indicated that is a real possibility.
“We may,” Finger said. “We may be willing to discuss the matter further…She certainly has been in the press enough.”
For other stories on Toll’s leave of absence, please visit these links. Erin Toll on leave, Erin Toll stirs strong feelings
Contact John Rebchook at JRCHOOK@gmail.com or 303-945-6865
[...] Erin Toll facing a “political hot potato” Subsidized housing vacancies at 6.7% [...]
Erin Toll is not qualified to hold this office as she stated in depositions , "why would I read an appraisal, I don't know what they are talking about" see: Colorado State Board of Real Estate Appraisers, Petitioner, vs. Julie M. O’Gorman, Respondent. Erin Toll is merely seeking political advancement without knowledge or any qualifications, WHAT-SO-EVER!
A Concerned Citizen!
I agree. I have been subject to her tactics in the past. Becasue I am an honest and thorough Realtor I was vindicated, however under her reign a licensee is guilty until they can prove themselves innocent. She has no purpose in being in her position other than to be on a witch hunt and personal promotion. Jolene….nice use of case history by the way. You, by the way are awesome at protecting the public.
Fan of Jolene–The Toll Troll is the perfect case in point of a "unchecked" psychopathic, self centered, no, I like egocentric, statist bureaucrat. She is the epitome of a typical "power public servant", leech, living of the fat of taxes extracted from people that are actually productive and involved in services and professions that are in fact legal. Just like the rest of these pukes from Colorado to D.C., …they do as they wish and are in fact hired guns for special interests that pay them enough through campaign monies, back room deals and bribes, to put their competition out of business. Protect the public my ass. The only ass being protected here is always hers at the cost of some other tax paying citizen.
Why is it that the Private Sector companies and their leaders are the villains? Why is it that people fail to see the FAILURE of these power mad and curopt bureaucrats? Without exception most government agencies are in fact always failures. ALWAYS. Broke and in need of more and more tax dollars from the productive sector to feed their non productive ventures.
Here's the funny thing…the real mess is in Washington and this whole Mortgage debocal, the Federal Reserve and World Central Banks that have run this show the way they want for the last 1000 years. The Troll is out picking on appraisers and Mortgage Brokers, Beal Estate Brokers…like some Christian Zealot during the Inquisition. LMAO—while the FED and Treasury scam TRILLIONS form American Taxpayers right under our noses…if she had any nads (which some say she does) That's where she would be…but she, like most statists, know where their bread is buttered. She also knows that the real crooks at the FED and other dark reaches of the Banking Cartels would have her in a body bag. No need for an lawyer!
She Is Stupid, Period.
she is far from stupid, but she's dangerous. …………she hides under the guise of forcing people either by threats, harrassment or criminal charges into surrendering thier licenses rather can go through due process, which makes it look like she's doing her job. i don't kn ow if i would gauge my success on how many people i can run out of the business. it is widely known that she has political aspirations and was using this a a "stepping stone" to higher or elected office. she had no experience in the real estate sector and had no business in the position. one of the by products of her nazi regime has been over zealous investigators the feel they have carte blanche to conduct investigations any way they see fit. legal or not, after all, all the fines they impose pay thier salaries. i'll bet the fines are at record highs…………
Yeah – $50,000 for a court vindication…
Toll came into DORA under former Gov. Bill Owens, who on Thursday characterized Toll as a regulator who perceived potential violators as the enemy.
"She was an unguided missile that always sought the headline," Owens said. "Ms. Toll's primary objective was to keep her name in the news by lashing out at her perceived enemies."
Not exactly a glowing endorsement by the people who placed her in her initial position. There are other remarks by the former deputy director of the Division of Real Estate who did not think she was the right personality type to run the division.
Ms. Toll, you are sowing all that you reaped. Do us a favor and disappear! Fire your high priced lawyer or face the very intimidation tactics and other forms of treatment you subjected so many to for so long.
I look forward to you being smeared from here on out!!!!!
I am curious why the Division did not update their webpage. It still shows Ms. Toll as the director. I get not removing her name as she is simply on leave. However, this is a public office whose intent is to protect the public.
IT SHOULD SHOW *On LEAVE or some other notification for the public to see! All the brokers, appraisers, and mortgage professionals she attacked had their information plastered all over the DORA page in a public display LONG before due process had completed. Ms Toll should NOT be an exception! She should get a little taste of her own tactics.
Too bad the pen is has more might then the "truth"…. No way to win when tried in the press…
and there you have it….
Ms Toll was on a campaign to smear Mr. Harvey: "The dispute boiled over this week when Real Estate Division director Erin Toll …after she revealed — and days later recanted — that mortgage broker and state Sen. Ted Harvey, R-Highlands Ranch, was under investigation. "
Read more: http://www.denverpost.com/realestate/ci_14712648#…
The fact is she tried to create a certain perception with the public that Mr. Harvey was being investigated when she knew damn well that he was not. Ms. Toll has smeared others in the same fashion and got away with it with great regularity! If Mr. Harvey or American Home, the company he works for, could prove a loss in business due to the comment, I would hope they sue her for her loose lips and ways!
[continued in next post]
look at O'Gorman! Won in trial- f'd in the mortgage world…..
Simply put, Ms Toll LIED! She is not fit for her office or the people of Colorado. Who knows what other lies she has made simply to add another notch to her $300 Prada belt for the sake of her advancement.
At the end of the day DIRECTORS of ANY State office should be held to the highest of standards. At the least they should be held to the SAME standards of those they oversee. Should any broker, appraiser, mortgage professional LIE or purposely LIE or MIS-STATE any fact they would be stripped of their licenses and without their livelihood. I DONT SEE WHY MS. TOLL SHOULD BE ANY DIFFERENT!
At the end of the day she told a lie and made it public via the media to smear an individual (who happens to be a State Senator) to further her cause. Turns out she picked a fight with someone who has the ability to fight back!
I say good riddance!
I say, after spending $75,000 to defend ones self as to any wrong doing and winning in Federal Court as innocent – a lowly appraiser lost their entire life – as well as 50 some other appraiser's livelihoods, Erin Toll needs to pay…. or at the very least, the State of Colorado should pay for appointing someone as incredibly incompetent as Ms. Toll….
I couldn't agree more – there have always been the few bad apples in the industry and that will never change. However there is no justice associated with Toll. I visited the Colorado Appraiser (State) site and it looks like 170+/- people have been crushed with classes, fines, etc. in the past two years not to mention how many were forced to give up their license. That is a large group of people that no doubt have a solid case against Toll. I would like to see those people come together and sue Toll and the state. I'm sure there is a lawyer or two that would be happy to represent several hundred people who were pressured into paying instead of fighting for what was right.
Ms. Toll intentionally and with malice made a comment to the media that Mr. Harvey was under investigation when in fact he wasn't and she knew he wasn't.
I am sorry but that is crossing the line. Ms. Toll showed she is willing to DO ANYTHING including lie to WIN. She F-ed up and now she deserves the same kind of "justice" she bred at DORA.
Sayonara!
Also, I read the transcripts from Mrs. O'Gormans trial. Ms. Toll doesn't know appraisals and apparently they are bull shit to her. She crucified an appraiser without knowledge of the business.
Simply put, this lady appears to be on a crusade of her own personal volition. It came back and bit her in the ass.
someone fought back, right at the beginning… won in court – lost politacally….
Lets form a commitee to get some signatures and have her impeached from her office. Anyone know how to go about this?
Mortgage Brokers should be governed by a board of their peers rather than a supreme regulator with no mortgage brokerage experience. What was the legislature thinking when they came up with this system? Should Erin Toll be blamed for operating the way she has under this system? I don't think so, she was just doing her job the way any dictator would in her position. If we don't like it, we should pressure the legislature to install a board like Realtors and appraisers have, this would be much more fair.
You're rihgt it should have been set up that way from the beginning, you're. As Lord Acton said "Power tends to corrupt, but absolute power corrupts absolutely".
She was put in the position of a dictator, with full rights and obligations to act as a prosecutor, judge and jury. She was set up to get nailed on this no matter matter what she did unless she did nothing and something had to be done, particuallarly in the morgage industry. She has hurt many innocent people, damaged careers and reputations.
I was very excited that licensure requirements finally were required. Unfortunately it was enacted with little planning and less thought about how it should/could or would be enforced.
She's labled a witch hunter, but the State may have given her that title as well. She has done some great work, but the power went to her head and she began attacking poeple with absolute zeal. The system needs restructured, and she needs to be replaced with someone more balanced and perhaps more experienced in the day to day life of a small business person. She's too tainted now to be effective. Karmic justice.
why does she need a lawyer? does she feel unfairly critized or punished? does she feel like the victim of a witch hunt? does she feel as though she was removed from office without being given the opportunity to a fair hearing to present her side of the story? does she feels publicly disgraced before anyone even really knows what happened? i believe the word for that is karma. i hope the lawyer costs her every penny she's made while in her position and in the end she loses the ability to ever hold public office. good riddance to her
Amen….
She has destroyed so many innocent people in the mortgage and realestate, including appraisers in Colorado! She deserves to get it nailed to her! She is a sociopath- she has no feelings for anyone else but herself. Destroying innocent, hard working individuals was her mission!
Shame on all the players that put such a person in this position. Toll ruined a lot of (innocent) people’s careers due to her relentless McCarthyist style. Her goal was to advance her pathetic political ambitions at any cost. She came into this position when the sentiment for mortgage people was at an all- time low. Her initial actions of licensing, etc. that truly benefited the profession turned into a headline generating witch hunt. Her cronies have described themselves as “criminal investigators!” She needed to be knocked down, and how overwhelmingly stupid of her to take on a state senator….does that tell you tied up in herself she really was? Let’s not forget the rest of the Nazi brigade over there at Toll Circus Central. Mr Whitaker (is just as culpable as many of the folks that Toll ran out of the business. He helped push more than a few questionable loans through when he was an AE and receiving compensation for loan volume. A few people remember that. Turns out he jumped ship just in time to get on the “other side,” and the IRONY is that he is the chief criminal investigator! Time to go, Cary. And Zach "I wish I had more charisma" Urban is an all too willing participant in the Toll 'slaughter the innocent circus.' Time to go guys! And Toll, bend over and kiss your sweet political behind goodbye!
Erin has done a fabulous job. There are cheaters and liars out there and they take the money of innocent people because of their own greed. Just becasue Senator Harvey is in the "lights" he plays nasty. If he had NOTHING to hide, he wouldn't be taking cheap shots. What does he have to be worried about???????
How did Mr. Harvey play dirty? He never asked Ms. Toll to smear his name and business all over the media by proclaiming he was under investigation when it was a KNOWN FACT he wasn't. Mr. Harvey will most assuredly lose money over this and there will be nothing he can do to recoup his losses.
Ms. Toll picked a fight. Her pride and ego ran her right into someone who actually had the wherewithall to fight back!
If she spent as much time doing the right thing as she did getting media coverage and building her reputation she likely could have been a positive influence. I have never seen a goverment employee that is paid with tax dollars desire so much attention and pictures in the news. DORA, this should be a lesson learned.
After reading the posted comments I find it hilarious that the negative ones are coming from the mortgage brokers and appraisers that were finally brought down off their high perches that they sat so comfortably on for so many years and now have to pay the price for their less than honorable practices. I say THANK YOU Erin Toll for being a fighter and protector for consumers across Colorado! You can hold your head up high and sleep well at night knowing that there are many of us who are realtors that have your back!!!!!!!!!!!!!!!!
No doubt that the measures that were put in place were needed. Honestly, any body could have seen that AND many people could have done that job. The issue is that Toll was put in a position to be convictor, judge and jury without having to answer to anyone. When is the last time you saw government run that way? Realtors were spared from little Ms. McCarthy because you were not in the cross hairs. Her campaign turned into grand standing and politics. Calling the news stations and newspapers BEFORE she issued an action so that she could maximize her publicity. Picking on innocent people in the name of 'mortgage fraud.' Assessing fines that have no basis in rationale, let alone precedent. Yes, she also had full authority to determine fine amounts! What a disgrace. The industry must be regulated, fairly. The bad apples have been rooted out, now let's get to some fair governing of the industry. To toot Toll's horn is not to understand her ulterior motives. She is NOT a good person. Her sole motivation is advancing her pathetic political career. Read her history, then you'll understand. Let's be fair in our assessment of her AND of mortgage professionals and appraisers. She needs to move to Washington, where all the other political wolves roam. Let's get someone in the department the wants to be fair and balanced in regulating our business!
LMAO–yea, RKYMTNREALTOR…thank God for the nanny state and people like Toll to keep us all safe from the boggy man. Those willing to give up liberties for safety (perceived) are sure to be ruled by tyrants (like Toll). Based on the comments I see here…Toll needs a private sector job, but it's unlikely she could even get one. We know what type of people work for the government. Remember that it's Governments and their hack cronies like Toll that have in fact killed more people than Religion throughout history. Can't wait to you have your next real estate audit..better yet wait until the IRS is looking up your colon for millage records and a hundred other little things you will never have…because, you see, these little rules and regs are all designed to give THEM power and you, the true Sovereign, to be powerless. Don't kid yourself RKYMTNREALTOR, you are living in some type of dream world.
Once again the cries of the mortgage brokers and appraisers for the fact that they FINALLY, after all these years, have someone they have to answer to! Erin Toll was put in a position to do the job that she has done after the bill was finally passed that mortgage brokers and appraisers have to be regulated (thank god) and that is what she has done. For your information…I have been through my audit, thank you very much and I came through with flying colors. Why you ask? Because I do my job and I do it right!! One word…..Karma!!! Sweet dreams!
Thank goodness I am not alone in feeling unfairly treated by the Division of Real Estate. I was one of the very first to be burned at the stake, with my head nicely mounted above Erin Toll’s desk. Folks, to this day I maintain my innocence and stand by the results of my work. So much so, that the State finally conceded and “awarded” me a No-Fault Stipulation (only after providing evidence that the state’s investigation violated the Appraisal Subcommittee’s laws regarding investigations by the states , and providing testimony to the fact that the investigator in my case lied to me and purposefully misrepresented my statements to the board, and finally – that I was being charged with a USPAP violation that was not in existence at the time the report was written). The case originally started in 2004 with my report being submitted to the State by a disgruntled homeowner. I provided my rebuttal and successfully argued my point (or so I thought – the review appraiser did not provide ANY comparables that conformed to FNMA guidelines for comparison), and did not hear about it again until 2006.
What changed? Well, the introduction of Erin Toll is what changed. My case was re-opened after over a year-and-a-half after it began (and ended?).
In spite of the glaring violations by the state, misrepresentation by the investigator, and the fact that I was being held to standards that were not in existence at the time the report was written, the original stipulation was only amended to show one hidden little statement indicating that it was, in fact, a No-Fault Stipulation – the USPAP violation that never occurred is STILL in there! Furthermore, I was still required to pay the fines and take the classes (I successfully negotiated a lower fine). All along I was told by the State that my options were limited, and that I either signed the stipulation or go to court. I was happy to go to court after witnessing the Kangaroo Board in action until I was told by the State that the lawsuit would only be regarding my refusal to comply with Board’s ruling, and that discussions of the quality of the actual investigation or my work would not be permitted.
Think what you like (RKYMTNREALTOR)/Disgusted) – I have always maintained an ethical business practice to the detriment of my financial success. I was a founding member of the Appraisal Institute’s Lender Pressure Task Force (Colorado Chapter) which unfortunately never really went anywhere, and was an activist in efforts to curtail appraisal fraud and lender pressure (as well as Realtor pressure RCKMTNREALTOR). I cannot afford a lawyer to defend myself, and was not allowed the opportunity to provide my own testimony to the board, or face my accusers. They lied, I was cheated, and I continue to feel the impact of their faulty judgment.
I do not know Erin Toll, but as a Colorado appraiser and Realtor for almost 40 years, my impression is that the Department of Real Estate has been dramatically transformed from its historical regulatory and public service role, to an inept and adversarial politically-driven bureaucracy under her leadership. On multiple occasions I received confusing, poorly-composed, and very threatening audit letters from the Division of Real Estate, only to be followed by an equally confusing letter the next day saying that the previous letter was sent in error but I was probably still guilty and could be assessed $400 if I am not in compliance. Well, I am and always tried to be in compliance with all professional regulations, but after sending the required documentation to prove my compliance, I received nothing confirming that status from DORE. It is extremely difficult to talk to anyone who knows anything at DORE and the cover-ass bureaucratic canon seems to be that no useful advice will be rendered. From an appraisal perspective, the Appraisal Division was much better administered under Stewart Leach and I would like to see Erin Toll replaced if it results in better public service from our high-ranking state appointees.
Wow! Lots of blood in the streets generated from Erin Toll and her band of Nazi's at DORA. If you get called in, you are GUILTY and cannot proof otherwise as the investigators lie and misrepresent your defense to the board. They are operating WAY outside of USPAP authority granted to state oversite. How is this for an example? DORA requiring you to EXTRACT, from the market, the value of a half bath in a $1,000,000 home? (they must be WAY smarter than I am, after 20 years of appraisal experience). Not only do you have to extract via paired sales, you must do it in the same market area,, same price point AND…
AND from the same time period of question. Can't use judgement, can't use paired sales from other areas/price points, can't use depreciated cost new. How about another example? If they don't like your comps, they simply tell you they are not appropriate, but don't have to give you evidence of more comparable sales that should have been used. Future Davis is a half wit who has no market appraisal experience, telling us how to do our jobs. Thats rich. These people should scare all of us out of this business. The fines alone will bankrupt you (five digits, friends).
Fraudulent appraisers should be hanged, but DORA is after all of us….
Future Davis is a registered appraiser who is currently shown as inactive. Since when does a registered appraiser have the experience
to critique appraisal reports on those who hold a higher license. I think not. This is another example of a loose cannon.
[...] This post was mentioned on Twitter by Kevin Kim, Larry Hotz. Larry Hotz said: Weird: Head of Colo Real Estate Commission takes a "leave of absence" in wake of another controversy. http://tinyurl.com/yzqqnja [...]
See ya Erin. The company I used to work for made the front page of the paper regarding a Loan Modification "Scheme". In fact, we read about it in the paper before we even received a soepena from DORA for any records. The owners of the company called the person who wrote the article and invited them to come into our office to see our operation and to explain that our company had never collected 1 dollar from anyone for a Loan Modification. They weren't interested and of course nothing came from the investigation….oh, except the trashing of the company's reputation. This is just one example of a complete abusive of power which put a lot of honest, professional mortgage brokers out of business, many of whom I know personally. You will not be missed Erin. Maybe you can get a job in the real estate industry now that you are on your way out. Oh what, you don't know anything about the real estate biz….ADIOS!
erin toll always goes around bantering about consumer protection ( a fairly loose term) As an appraiser, ultimately the consumer is the bank that gives the loan, not the borrower/home owner. on 2 occasions disgruntled homeowners have filed complaints against me because the appraisal was too low to get their refi. the "investigator" actually told me that she agreed with my valuation but really didn't like the way i reached my value conclusion (because something obviously had to be wrong). what a croc! i was then asked to vountarily surrender my license to avoid what she assured me, would be the revocation of my license. i refused and have been fighting this for 3 years. it has finally gotten to the point where it is cost prohibitive for me to continue fighting………….these people need to go!!!!!! PERIOD.