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Erin Toll files whistleblowing complaint

Erin Toll filed a whistleblowing complaint today, charing her boss with "government mismanagement."

Erin Toll filed a whistleblowing complaint today, charing her boss with "government mismanagement."

Erin Toll today came out swinging, filing a whistle-blower complaint alleging that her boss involuntarily placed her on administrative leave as head of the Colorado Division of Real Estate Division.  She said she being investigated for her actions in the wake of a public dispute with State Sen. Ted Harvey, R-Highlands Ranch. Toll claims that Harvey may have misused his power and engaged in unethical behavior. Toll also said that she believes she is “being targeted for termination.”

The complaint, filed with the State Personnel Board, seeks for Toll to be returned to the board at her “full power and authority.”

The complaint, by Toll and her lawyer, Bill Finger, for the first time, confirms that she was placed under involuntary administrative leave with full pay by Barbara J. Kelly, executive director of the Department of Regulatory Agencies, on March 16. DORA oversees the real estate division. The leave was first reported by InsideRealEstateNews.com. (For that story, please visit this link.)

“With the exception of the individual who will be conducting the investigation, until you hear from either Michelle (Pederson, the investigator), you are directed to have no contact with any department employees, including all staff of the Division or Real Estate,” Kelley wrote in a memorandum to Toll on March 16. “You are not permitted into any DORA office or the office building, and must surrender your employee ID, and any keys or access cards you may have that grant you access into the building or DORA offices.”

The letter goes on to say that if Toll is contacted by the media, she is directed to respond, “No comment.” (Two days later, in a letter to Finger, Kelley amended that to say Toll could tell the press that “she believes she has done nothing incorrect and wrong and she is fully cooperating with Ms. Kelly and the Department.” In the March 16 memorandum, Kelley said if Toll violated the directive it will be “considered insubordination, and will be handled accordingly.”

Toll said that memorandum “contains a threat, which has a chilling affect on my rights. It is my position that such limitations on my statements to the press, when I am under personal attack, is a violation of my rights under the state and federal constitution and state law that infringes on basic rights…It also prevents me from engaging in whistleblowing.”

Toll believes she faces being fired

Toll goes on to write that she believes she is “now targeted for termination and that my actions taken effectively make it impossible for me to return and properly perform my duties and responsibilities because my authority has been undercut. I therefore believe that I have been or am being constructively terminated from employment.”

In the appeal/dispute form filed with the state, and obtained by InsideRealEstateNews.com, Toll said she is appealing Kelley’s action saying that “the memorandum I was furnished does not specify any legitimate reasons for such a drastic action.”

Toll goes on to write that the the action taken against her, according to her information, is based on her unit’s investigation of one or more brokers at American Home Funding, including Harvey.

Toll: Harvey may have misused power

“I engaged in protected activity when I informed a legislative committee chairperson who questioned me about Mr. Harvey’s hostility that individuals in his employer’s company were under investigation,” Toll claims in her complaint. ”It is my understanding that Mr. Harvey has not disclosed to the appropriate persons at the legislature his connection with American Home Funding, Inc. and his economic interest in certain legislation. This could potentially be a misuse of power or improper act by a government official and potentially presents ethical issues. I believe that I am being retaliated against for providing information concerning Mr. Harvey’s connection to American Home Funding to a member or member of the legislature. I also believe that It am being targeted for providing information under an Open Record Request. The information I provided was about corroborating the licensees working of American Home Funding Inc. were under investigation.”

She also is appealing an executive order that retracted that Harvey is not being investigated and “making it appear that I provided inaccurate information. Mr. Harvey was or is being investigated or should be investigated.”The whistleblower complaint goes on to say the DORA director Kelley told Toll that “her unit could not continue an investigation of the licensees working for American  Home Funding, Inc. She was instructed  not to issue  letters concerning  the investigation of licensees working for American Homes Funding, Inc.” The complaint says those instructions “constitute government mismanagement, waste and improper conduct by Ms. Toll’s supervisor, who is at the highest level in the Department.”

Broker board debated, but issues being confused

Legislators currently are considering legislation that would require a board to review mortgage broker complaints, instead of leaving the power at the sole discretion of Toll. That would be similar to boards that govern charges against appraisers and real estate brokers. A new mortgage board would cost an estimated $100,000, and mortgage brokers would likely be assessed a new fee to cover the cost, if it became law.

Harvey said there has been a misunderstanding of how the events unfolded.

“The bill in committee had nothing to do with the division coming under a board. The bill in committee was regarding requiring mortgage companies to be registered,” Harvey said, in a voice mail he left with InsideRealEstateNews.com. Toll had sought to change the sunset date of the real estate division to 2014 from its current 2011 sunset, he said.

“I caught that and struck that provision,” Harvey said. “I returned the sunset to the original time of 2011. It had nothing to do with any amendment to create a board. The idea to create a board came later, on the floor. Don’t confuse the sequence of events. Don’t confuse the two issues. They are separate issues.”

Harvey said that Toll, the day after the committee meeting, told the media that he was under investigation for alleged mortgage fraud for false advertising and that was why he wanted to create a board. But creating the board was not discussed at the committee meeting, he said.

He said that two days after Toll said he was being investigated, DORA issued a statement saying he was not being investigated.

Contact John Rebchook at JRCHOOK@gmail.com or 303-945-6865.

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No comments yet to Erin Toll files whistleblowing complaint

  • Jerry Schaffer

    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….

    Political Bullshit… I suggest a class action suit against the State Of Colorado.

    She can't even read or understand an appraisal – see O'Gorman v. State of Colorado… Read the depositions….

    I, personally, have problem with Erin Toll lying under oath and never being held responsible for her perjury. She tried me in the press before I even had a chance to defend myself. Even though a Federal Court found me innocent of any wrongdoing, the media had already determined that “I was guilty” on the front-page of every newspaper in five states.

    • ITR

      Anybody who knows anything about the True Erin TollROAD, knows she is an idiot..

      • ib

        I too have been targeted by this woman, and people in her office that can’t understand mortgage files or anything about loans! Pretty bad when they are the judge, jury and executioners, I know that alot of my peers are ready to take action we are just waiting for one more event so we can put these incompetant people on trial and see why they have targeted so many good mortgage people, its all about politics thats for sure, I worked for a lender once whos VP didn’t know the first thing about mortgage yet they were a VP of a very well known large lender, just like these people the department of real estate should be governed and ran by experienced ethical knowledgible people not these yahoos! Why don’t they go after the real crooks?

    • Frank

      yes, this is too much power to give to anyone person. I know first had that there are good hard working people out here who have had run ends with Erin Toll. With no money to fight, and no where to turn for help, she ruined a lot of good honest brokers out here when the State of Colorado did not need her negative input. She had never be interested in help any one but herself.

    • Frank

      It is about time you get some justice…She uses the media to feather her nest. I am not sure what her qualifications are to be such a sole judge and jury, it makes you wonder just what connections she has?

  • Jerry Schaffer

    Erin Toll took away my entire life; my income as a single mother of three, college for my two younger children, my 15 years of education, my good name and integrity as well as our family home – she ruined me for no reason other than political ambition of some sort.

    She should be held responsible for devastating good, honest people without cause, as I am sure I am not the only victim here. The Governor should be held responsible as well as he appointed a person with absolutely no knowledge of real estate appraisal, as Ms. Toll stated in depositions; when asked if she had read the appraisal, which was under investigation she stated, on the record, “no I didn’t read it, I don’t know the first thing about real estate appraisal!”.

    • ITR

      not only does she not know ANYTHING about Real Estate, as her former JOB in the insurance business, she also did not understand what 90 title seasoning meant.
      She thinks she is above everyone else, and never thought she would get caught…
      she should date jesse james..

    • Julie O'Gorman, you never were found innocent, only not guilty.

  • Jerry Schaffer

    Both Ms. Toll and the State of Colorado should be held responsible for incompetence. I was the first appraiser who fought for my integrity on this subject, it cost me every penny I had and although I was found “innocent”, my career was ruined by her stupidity and malicious voice in the press. Shame on her – I hope she gets exactly what went around… I still believe that good always wins over evil.

    She needs to be held accountable for her ineptitude!

    • ITR

      I'm sorry, I WAS a Mortgage Broker and acting as a licensed Real Estate Broker…she squashed that too. I now only practice as a Real Estate Broker..I always practiced with full intergrity. She doesnt like people who try and get ahead, who go to school, who stay in the business with NEVER having any fraud, she cant stand people trying to make ANT kind of living onless its on her terms..well now she gets to feel what its like to be shoved out the door, and claim there was no wrong doing..she's dumb and stupid just like the government…

  • cyrustg

    Mr Rebchook, As a reporter for the Rocky you were an enabler of Ms Toll but publishing some of her unproven charges in violation of DORA rules. As evidenced in the comments here, that was instrumental in the ruination of the livelihoods of innocent people. What is your opinion of Toll now and do you wish to express any contrition for your part in her lust for recognition.

  • cyrustg

    correction: Mr Rebchook, As a reporter for the Rocky you were an enabler of Ms Toll by publishing some of her unproven charges in violation of DORA rules. As evidenced in the comments here, that was instrumental in the ruination of the livelihoods of innocent people. What is your opinion of Toll now and do you wish to express any contrition for your part in her lust for recognition.

    • Snopes

      I think reporting a story and arranging for a deep investigation of DORA violations before reporting a story might be two mutually exclusive issues. I understand your point—and I know people sometimes get hurt by media reports—but my recollection of those reports usually had responses from both sides of the issue(s). People might feel compelled to assume guilt if they see a name published in the media that is associated with a crime, but I think we need to have the media report on issues that affect our lives. In many ways the media can be a 4th arm of the government if all of the parties to the issue at hand have the opportunity to tell their story. We need the media potential / alleged wrongdoing; and primarily when public officials are involved.

  • This whole issue reflects on the government and their attempts to regulate an industry about which they know very little. Admittedly, there has been some fraud and incompetence in the mortgage industry; however, meddling by elected and appointed officials has done far more harm than good.

    Despite 20+ years experience as a real estate and mortgage broker, I have inactivated my license. I no longer care to practice in an industry subject to regulation by incompetents.

  • HRF

    Erin Toll is perceived as the defender of the public. She did more harm to the industry in such short order than is imaginable. Erin Toll’s position as a "Director Led" department was the only one of its kind in the industry. Appraisers and Real Estate Agents were under a board or commission. Many honest good mortgage professionals, appraisers, and agents left the business all together and there are now few left to do the honest hard work. It will take years for Colorado to regain the experience from the professionals that left rather than be subjected to her rule. I completely supported getting rid of the fraudulent brokers and those who were not acting professionally. However, the public doesn't truly understand that her role as a dictator has hurt them. There are less honest experience brokers to help us out this mortgage and housing mess.

    • Frank

      My daughter is refinancing her home and speaking of inexperienced, wow. We are "retired" at the moment Mortgage Brokers, and she is a loan processor and Mortgage Broker, we were all shocked at how much we had to inform this Originator on how to do the refinance. You are so correct in your statement that the public has no idea how much Erin Toll's actions have hurt them. I agree there needs to be an accountability to a committee if a Mortgage Broker is acting in a harmful way to the public, but not a witch hunter. This never solves the problem it only creates more problems. I am for a committee, a group, that Brokers could be accountable to.

  • HRF

    The department was solely funded on fines and fees and she was more than incented to harass and menace perfectly good people. Further, she was on a free press campaign to further her political ambitions at the cost of many people’s lives. A non elected government official who acts like a totalitarian should be made to face both civil and criminal charges. Further, those who wrongfully charged should reimbursed legal fees and their good names restored. I believe she should be charged with libel.

    I am thankful that the Senator and state officials for finally taking Erin Toll to task. It had to be someone in the industry that would understand that not “all” were bad and that this was government over reach.

  • James

    This is pure karma for Erin Toll. How does it feel to be on the other side Erin? Thanks to Ted Harvey for fighting back and thanks to Barbara Kelly for recognizing something needed to be done to stop this kind of abuse from Erin Toll.

  • revclaus

    The negative complainers are always the loudest, especially the anonymous ones. Don't expect any support for Toll in the comment section here.

    • Shasta

      There is no support for Ms. Toll. This is what you call Karma, Revclaus. She has made it her job to be judge, juror, and sole executioner of the entire independent fee appraiser industry in Colorado.

      See this link: http://www.thinkbigworksmall.com/mypage/player/tb…

      The statements made by NAR last week are nearly verbatim those that were explained to me when I was investigated on a trumped up charge myself… get ready for realtors to be in charge and an entire industry undermined. Welcome to governmental self-interest… I hope she takes it right between the eyes…

  • Jim R

    I am glad Erin Toll is suffering the same consiquences she has put upon many appraiser's and mortgage loan officer's in the state. Yes there needs to be a board of experienced mortgage loan officer's and whom ever, (not owners) who have the years needed to know how the mortgage world operates. How many of her investigators have ever been a loan officer or processor. ZIP! NADA! It's a waste of tax payer money and ours. After 28 years of originating retirement from all of this has been bitter sweet. Testing does nothing for the experience leaving the market.

  • WBII

    I say "whistle on" Erin. There has been no one in my real estate career of almost 20 years that showed an ounce of courage for the much needed sweeping reform re: mortgage brokers until Erin. Unfortunately, it did take some appraisers down as they were only doing what the lenders threatened them to do to bring a property in at contract price or they would never get another assignment. Realtors also need some talking to as in these times a common practice of closing sales with dollars being paid off the HUD-1 is from what I have researched, mortgage fraud. We need Erin to tackle that one before the FBI comes a calling.

  • Broker & Appraiser

    A sheriff once told me that everyone in jail says they're innocent. Some of these people slamming Erin Toll remind me of that statement. I know of some of the appraisers & real estate brokers who have had suspensions & revocations, and from my 32 years of experience (appraisal & RE brokerage in Colorado), I can say Erin Toll did all of the citizens of Colo a huge favor in getting these crooks out of the industry. There may be some falsely accused & some innocent licensees. BUT, I have seen some revocations first hand – I knew how bad they were. And what do you know – each of them hired a high-priced attorney and proclaimed their innocence. All I can hope is that the Governor steps up and re-instates Erin Toll to the position she has held with honor. Colorado has so many dishonest mortgage brokers, appraisers, and RE brokers – so much incompetency and outright fraud, and Erin Toll is one of the few regulators trying to clean up our industry. Funny how a mortgage broker who happens to be a politician can bring down someone so honorable. Every honest and ethical licensee throughout Colorado needs to come to the defense of Ms Toll.

    • Frank

      I am for a committee to handle the problems that the public has , but certainly not one individual…it gives them too much power.
      Erin Toll took advantage of her power, and as it appears it is for political gain at the expense of plenty of innocent people. No lets have a group of people, our peers, but not a Queen to judge and convict everyone. It is apparent that you are a friend of Ms Toll's or maybe you are on her staff?…Does your job depend on her being reinstated? Many were falsely accused as you stated, and that alone tells me you know her system of justice is not working

    • cherry ck appraiser

      "There may be some falsely accused & some innocent licensees."

      you must be smoking your lunch. even 1 innocent or falsely accused is 1 too many. read the constitution lately? so it's ok to conduct witch hunts, falsely accuse people, take away innocent folks licenses, as long as we get the 1 bad guy in the bunch. are you even listening to yourself?

  • Regardless of the "past sins" of Erin Toll this is absolutely a case of a Sen. Harvey wielding a political ax and misusing his position in the legislature. The complaint against Sen. Harvey's mortgage company is worthy of investigation, and in my opinion should be punished.

    • Guest

      Riiiiiiiight. You pas
      s off so much bull crap Ms. Toll committed as "past sins." Ms. Toll is subject to everything she deserves and should get more! Too bad the people going after her cannot act like she did!

      Finally, Ms. Toll ran her mouth by proclaiming Mr. Harvey was "under investigation" and made it PUBLIC when she knew it was IN FACT NOT TRUE!

  • dusgusted

    I can't imagine all these people were unjustly investigated. Life is all good, when people have unethical conduct, until they get in the spotlight and then , it's always I'm pure as the driven snow. Curious how that works.

  • Elle

    Erin Toll abused her power and now she is crying because her poor rights are being violated! Too bad she didn’t think of that when she violated many others rights. She held people out to die and now that abuse and mode of thinking she was above the law finally caught up to her.

  • A.N. Observer

    The very sad part is that she is getting exactly what she wants . . . media attention. Can we please move on and let the state handle this issue? I am so very bored of seeing her picture every day in the news. There HAS to be something more valuable and interestiing to report.

  • JKC

    I have never been the subject of any direct action from Erin Troll or the real estate division, and I have been a broker and appraiser since 1996. I have, however, watched closely all that she is done and agree with two comments stated over and over here. She did in fact make a valiant effort to catch the bad guys. However, her bull in a china shop approach coupled with her ignorance was a mixture destined to fail. It is karma – and she needs to go away. She gets off on acting as judge, jury and executioner, and loves the media spotlight. Let's get someone more qualified and just as ambitious in there and see where that goes.

    • Old timer

      I think you hit just the right tone! In my 35 years of experience as a real estate licensee, Broker of Record, and company owner, I have always felt the Commission was guilty of setting forth new rules with little to no concept of how they would play out in the real world, and then they would issue amendments or position papers on what they thought they meant. People's livelyhoods were at risk and the regulators were clueless. Always a recipe for disaster. Too many lawyers and civil servants and not enough industry experience. While I have never had a complaint against me, and have appreciated that many scumbags have been taken down, I have always wondered about the debris of ruined careers that piled up from this process. Then comes Erin, and she seemed to come in with attitude and a chip. So then you have the question- is hard governance and a high body count worth some innocent victims? That's tough.

  • Roger Dittus

    My My My. Aren't we all enjoying this castigtion of Erin Toll :-) I don't know Erin…never met her. It appears thatErin is a tough cookie and she has apprarently roughed up many of you. But maybe you deserved your fate. When Erin Toll commenced her job with DORA, the state of Colorado was rife with crooked mortgage brokers who move here from other states because of our lack of adequate regulation. At the same time, there were a number of dishonest appraisers and Realtors that together with these crooked mortgage brokers perpetrated an incredible amount of mortgage fraud in this state. Erin Toll has taken down many of these crooks and it appears now that she's being targeted politically. The state of Colorado should proceed very carefully with this action. If they don't she could wind up eating their lunch.

    Fort Collins Realtor

    • Well said! Haven't seen any true innocents hurt by Erin and her crew doing their jobs. In fact, I recognize many of the folks who should have been run out on a rail. Erin provided the train.

      Even with all their hard work there are still too many folks skirting the system who need to go.

    • Nathan

      Agreed! Everyone I know that's lost their license… let's just say I knew it was coming. I knew what they had done 3yrs ago, and Erin and her team eventually caught up with them and made them answer.

      I, too, was personally investigated because I was on a deal where the other broker did some shady things I didn't know about, but my innocence was recognized… and I walked just fine.

      I have no doubt in my mind that Harvey is a corrupt State Senator, and I hope they bust him.

  • BJ Hartzell

    I can't believe the belly-aching going on by the "honest" people in the honorable real estate business. Sure, there are actually a few of us who will tell the customer that he can't afford the property even if the lender will give him the money. But they are few and far in between, after all, who wants to forfeit his commission? Lately, Real Estate and Mortgage brokerage also attracted the wrong type of people (politicians?) who were looking for a quick buck for a minimum of work. Let;s, with Erin's help, get rid of the scumbags who have given our industry a bad name. Anyone who remembers the late seventies/early eighties when interest rates were up around eighteen percent and customers were treated with respect and compassion, and you had to work hard for your commission. Go, Erin!!!

    • cbc

      It is highly likely that most or all the "scum bags" in our industry are gone. Have you noticed the real professionals are left to honor their profession and thier clients?

      But, the departement is broke as Erin Toll has stated repeatedly. There are not enough licensees to support the payroll of her staff and she has a hiring freeze and pay increase moritorium. The only way she can raise revenue is fines. It is just a matter of time before each of us will need to defend ourselves with this type of "witch hunt" mentality of Ms Toll. If one pursues real estate as a life-time career we will all have non-egregious errors or oversights in our daily business transactions, and if one will not admit to this, they are lying, but with Erin at the helm we all might pay fines, be publicly humiliated on DORA's website, have a permanent record of our infraction attached to our license, and almost no defense.

      It is the real threat of not being able to defend oneself that has so many people upset. It is not mere belly-aching.

      • The crooks are not all gone. I can name a half dozen just off the top of my head.

        Plenty of bad appraisers have gotten off with a minimum fine and some course work, when in reality if the investigator would have done his job, they would have lost their license and been facing criminal charges.

        We need four or five more Erins. Good ole boys rules need to end and folks need to go to jail for what they have done to consumers and the industry.

    • Randi

      Completely agree! There are too many scumbags in the real estate industry now… this industry needs scrubbed clean… and I mean SCRUBBED this the blood surfaces.

  • Elle

    The people responding in favor of Erin Toll obviously haven’t been hunted down by her. She violates people’s civil rights. While she may have removed some scumbags she also hurt good honest people. She is getting everything coming to her!

  • guest

    Agreed–folks who are on the 'band wagon' for Erin do NOT know her sever mis-use of power in an authoritative position—though it IS very true that Erin has cornered some 'bad' apples and gotten rid of some bandits. . her judgment sometimes over laps her zealous ego..that's where her trouble begins—-if there was a generous amount of humility and a keen sense of wisdom—we would NOT be talking about Erin and her 'troubles"!!!!

  • Amy V.

    Those of you trumpeting Erin Toll, just haven't had your number come up. There is no defense against her malicious attacks on those of us who worked hard, provided honest appraisals and still got 'whacked'. Belly-aching? BJ, do you spit on homeless children too? Just because you believe you are one of the 'honest' ones, doesn't mean that one phone call to DORA won't see you defending your precious 'beliefs'. I had my defense solid: providing extensive research, additional comparables, witnesses, and ready to be exonerated. I was told that I didn't know anything, that only a realtor could define a market, and all of my support was thrown out…. That was for allegedly UNDERVALUING a property…
    The public has no idea how little The Division of Real Estate cares about their problems.
    I have always acted in integrity, and will conduct myself the same way in my next incarnation. This is justice, this is retribution, and I hope that bitch goes down hard… Make no mistake, Toll was on a witch-hunt, no matter what you might think. I hope the entire Division gets a thorough cleansing.

    • Concerned

      I had the exact same expericence Amy. I thought I was the only one. The funny thing was when I called my errors and omissions insurance to tell them the Board had (on their own accord) opened a complaint against me, the FIRST thing my E & O people said was "Be very careful. We are fully aware Colorado is on a witch hunt. We have an astronomical amount of board complaints in Colorado compared to every other state."I too was "innocent" after $10K+ in attorney fees and (literally) 1000's of pages of data.

  • guest

    MOST realtors are extremely honest as well as appraisers and mortgage folks—it's time to STOP pointing the finger at hard working individuals—Erin sits on her throne and has regularly abused her power—- there was NO check and balance on her tirades—democracy works on checks and balances—. Erin should work in Russia w/ the military….

  • Jane

    I'm a real estate agent. My first exposure to Toll was during a CE class where she was introduced, having just taken on this job. She said – after giving her introduction on her job history, "The reason I accepted this job is because I'm in it for the money, of course!" It was then I knew, from this cocky attitude, that we were in for it…and my suspicions proved correct.

  • cbc

    I have been to luncheons provided by SMDRA for Realtors with Erin Toll as the guest speaker. I am a mortgage broker in Parker, CO and sat amongst the Realtors in the meeting. Her speach against the mortgage brokers was shameful. She delighted in telling us how she has dropped the number of licensee's down from around 10,000 to 5,500 and is still counting. She called out companies and individuals by name as she told the story of "bringing them down." She stated how her favorite part of her job was enforcement of the broker. She talked about how she has been sued by mortgage brokers 13 times and has won 13 times because she is an attorney herself. She stated she has been warned not to use the name of mortgage brokers in this arena but she doesn't care because it is public record and she will continue to do it. There is no honor in this, Ms. Toll, there is only your own conceit. This is not public service, it is embarrassing to us all. This is not heroics, this is humiliating to those who believed in your task and endeavors of regualting our profession. Shame on you, Erin.

  • Nathan

    The people in favor of Erin Toll, don't need to worry about being hunted down by Ms. Toll, because we're not shady people… we have morals and ethics and we don't have to disguise our marketing and advertisements as looking like "government documents".

    I think most of the people commenting on here are whiny, nagging, and probably unethical in their own rights…. and just want someone cleaning up the system, like Erin Toll, out of the way.

    With that said, I do believe there should be a board, instead of all the power with one director. If she has an over zealous ego, this would take care of it. Besides…. if she's getting paid that well… divide up the money and pay a board. Now a whole group of people are making good fair wage…….. But I HATE (H – A – T – E) Senators and other politicos like Harvey throwing their weight around, and I know the twisted crap many in our industry do to trick the everyday consumer, and I find it deplorable!! Harvey should still be investigated FULLY.

  • cherry ck appraiser

    "Toll said that memorandum “contains a threat, which has a chilling affect on my rights. It is my position that such limitations on my statements to the press, when I am under personal attack, is a violation of my rights under the state and federal constitution and state law that infringes on basic rights…It also prevents me from engaging in whistleblowing.”

    all she seems to care about now is her rights. she cared nothing about the rights of the peopele she destroyed under the guise of "consumer protection". i can't believe this woman has the gaul to cry about her rights. someone in a post here said something about the ones that had something to hide hiring high priced lawyers (or something to that effect) the 1st thing toll (a lawyer herself) does is to higher high price atty's to protect her "rights. i hope it costs her every penny she has and eventually runs her out of the business, as she has done to so many. also, whistleblowing? she has never blown the whislte on any state employee and her claim is ludicrous. finally, that she is being paid while this is going on is an insult.

  • Arch

    Under, Toll, the Division of Real Estate has operated similarly to the Stasi – the official state security service of East Germany. "It was widely regarded as one of the most effective and repressive intelligence and secret police agencies in the world." They, too, took anonymous phone calls and started investigations based upon hearsay. Wrong person for the job, re: statements in the Denver Post by previous supervisors and knowledgeable people in state government positions. Wrong temperment re: her "Elle" magazine style portrait on the DORA website and the use of first person references in the wording of regulations. Wrong education re: Her reporting of real estate agent and appraiser activity that did not accurately reflect the way real estate transactions are conducted and the way a free market economy functions. She was not vetted properly for the job. She would more appropriately fill the position of a prosecuting attorney. But, then she would have to convince a jury. Maybe, Governor Ritter, could use her as his personal assistant.

  • Concerned

    Thank goodness Erin Toll is getting her due. I am an expert witness, SRA appraiser who also does consulting work for large developments, banks, estates and lawyers. Erin Toll tagged a property and any appraiser who appraised that property was told to hand in their file and defend themselves. The board maintained a position that the house was worth (for example) $1,000,000. The property was appraised by five appraisers in the (for example) $2,000,000 range. All of us spent extreme amounts of money and over 1.5 years defending our work. In the end, they dismissed my case…and…the house in question just sold for right at the $2,000,000 mark. You tell me if she is wrongly accusing people or not. I would say she is.

  • Michael

    Dictator is a good description of how she took her position. It's interesting that her and her defence sounds like what we, as business professionals, fight back to her department all the time. I've got nothing againt DORA. The public should be protected from lously brokers and appraisers, but come on! Check her SM attitude at http://www.youtube.com/watch?v=H_okaZ4azlA She only wanted to seek an elected position and in the process ruined alot of good, hard working peoples lives. Witch Hunt. Bye, bye!

  • Michael

    Well she does not know much about much. Sorry to hear your story. Being a single parent, it sucks. Hope things get better. Michael

  • Guest

    Wow! The hyocrisy and doube standard of Ms Toll! She is now concerned about personal rights afforded by the state and federal constitution? I wasn't aware she even knew of such things.

    Now she is a "whistle blower?" F-ING right! The only whistle she could have blown is on HERSELF! She had a habit of sending out Press Releases before a broker ever knew they were being investigated.

    She purposely LIED and attempted to SMEAR Mr. Harvey (who is also a mortgage broker outside of being a State Senator) by saying HE (not his COMPANY) is under investigation when she knew that to be PATENTLY FALSE! She is an attorney and she knows better.

    If a broker she oversees told a lie even 1/10th what she did, they would be gone in a heart beat. I DONT SEE ANY REASON SHE SHOULD BE HELD TO ANY DIFFERENT A STANDARD!

    She was too drunk on her power. If you don't think this isn't about power and control, go back and read the article! The only thing she is concerned about is being returned to her duties with "full power and control!"

    Bye Bye Ms. Toll. Good luck in life!

  • Laurie R.

    I have watched Erin Toll try organizations "by press", and publicly comment about anyone who didn't give her what she wanted, even if they were not under her jurisdiction. After 25 years as a Realtor in the state,without a single complaint or lawsuit I might add, I was gravely concerned about how Ms. Toll sautered about, spewing allegations about anyone who stood up to her. We all want the "bad apples" caught, but Erin seemed to be on a non-stop witch hunt, to include transactions with no complaints filed about them. She shut down our legal hotline, and the Commission no longer notifies us when we are up for renewal. Erin Toll may have started with good intentions, but power corrupts, and absolute power corrupts absolutely. I would love to see a restoration of professionalism within the RE Commission, and a judicious use of wisdom on whom to pursue. My heart broke reading about the damage done to the innocent appraiser.