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Legislative Issues 2012

  • 1.  Legislative Issues 2012

    Posted 02-02-2012 10:22 AM
    This message has been cross posted to the following Discussion Forums: Project Delivery and Committee on the Environment .
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    #1 LEGISLATIVE ISSUE FOR 2012
    APPRAISAL REFORM


    I know this issue is not specific to retail, as it is mainly a residential issue, but Appraisal Reform must be a front and center issue. Not only were appraisals grossly abused during the boom, but it was these false values that made everyone believe their houses were worth far more than the Wrath of the Free Market that harshly disagreed as the Foreclosures swept America. We watched values spike to amounts we shouldn't see for 30 years according to real estate data, but we all thought we could trade property like a stock and double our money overnight. Not only do we need to eliminate the opportunity for fraud, but we must eliminate the mathematical flaws that reward the weak and punish success, ultimately leaving us with a race to the bottom that is evidenced by the current state of housing today. Housing makes more money than commercial and has led the Building Industry trends for several decades. If we fix housing, the rest of the industry will follow and value is at the center of what's broken. 

    It is next to impossible to get Architectural houses built because of the way they are unfairly compared as "equals" to the mass produced cookie cutter housing. An Appraiser simply averages the sales results in an area to determine the "value" of a given house. This is where the project begins. If the builder or homeowner can't get the project to appraise at more than the value it costs to build, then the project dies. This has been one of the main impediments to getting green homes built due to their higher up front costs. I have a nine year sales history in my neighborhood in which all of my houses out sell the massed produced competition of the same size, configuration, and location every single time. Never once have my houses come close to appraising for the cost they would eventually sell for because when you're the top seller, you get averaged with the rest of your less successful competition and thus your value is brought down to the average, while your Community of Competitors has their value brought up to the average. That's sort of anti-capitalist and some may even call it socialist. The anti-profit motive! It pays more to provide a crappy product that doesn't sell as well and the builders want it to stay this way so they don't have to pay for design. Design itself has been deemed to have absolutely ZERO value in the industry and that's why we are perceived in this way. What good are we if all we do is provide a design with ZERO value? Very few homes are built by companies in business for a single project. Most houses are built and designed by companies with business models and rather consistent sales results. All commodities are valued based on their sales at market and the companies begin to develop inherit value for their brand based on how their products resonate with the consumers, yet we don't recognize companies for their hard work in housing. We mindlessly average everyone out and give them all the same value for building a similar sized house in the same location.

    Separating the Lot value from the Structure value would eliminate the need to compare houses built by a vast variety of design/ builder that just happen to be in the same area. The Tax Assessor values the Lots in each area. Once you separate the cost of the Location from the Structure, then we can value the Building itself based on the designer and builder's sales histories. If their products resonate with the consumers, then the consumers will pay BMW prices for their products. If the consumers don't respond well to a product, then those houses will not appraise for the same price as the more successful competition. The market should punish those providing bad products rather than reward them as the system does now. 

    There seems to be very few of us that recognize this issue as important and that is very sad. The builders don't want this to change and we don't seem to care that our one talent that we have to offer is only considered valuable to every other industry other than Building. If we designed smart phones, cars, running shoes, or purses we'd be considered great people in this society and we'd be making lots of money. Our names would be well known. Since all we can do is design a lousy building...well, we've allowed many think a kid could do that with free shareware. Why pay an Architect to design something we spend 90% of our time inside? Air Jordans and Coach purses are far more important to this society. Maybe a little more Climate Change will change their minds? Perhaps the apprehension is due to the fact that this issue is too big for us to take on as a challenge? Maybe so few of us design houses that we just don't understand how this can be important to Architecture when Architecture seems to be mostly about the commercial sector? Housing made 200% more money than Commercial at the top of the boom and we missed out on the majority of that money because we allow builders to get away with showing an utter disdain for design by mass producing houses unchallenged. I know I'm not the only Architect that can prove that my houses sell for more than the amateurs and the mass producers. A consumer based society cannot argue with market results, so maybe we need to prove it! No entity that I know of cares which builder or designer is selling the most expensive house or comp. The Real Estate resources are only concerned about the "area". We need to change that. 

    We need to prove design is valuable.



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    Eric Rawlings AIA
    Owner
    Rawlings Design, Inc.
    Decatur GA
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    AIA26 San Diego June 10-13


  • 2.  RE:Legislative Issues 2012

    Posted 02-03-2012 10:33 AM

    I am not a residential architect, but I have bought my share of homes, and I agree with your comments in general.  I have known home appraisers, and they have always been driven not by the mass produced home industry, but by the banks who write the mortgages.  There is great pressure on them to appraise a home at a price that will make the deal work, and at least up until 2008, it seemed like they are willing to be creative to accomplish that.  They also have to be able to demonstrate some logic to their appraisal.  The idea of separating the lot value from the home value is interesting, but how would that be accomplished?  Who is the authority on this?  What about the practicality for older homes where the lot cost and home cost have not been separate for fifty years?
    I agree with you that it would have some strong benefits, no doubt, but how and who would be able to legislate and enforce it?

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    Alan Burcope AIA, MBA, LEED AP
    Saint Louis MO
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    AIA26 San Diego June 10-13


  • 3.  RE:Legislative Issues 2012

    Posted 02-06-2012 06:22 AM
    The tax assessor in most places already values the lot separate from the structure and when a property is in an area with few sales, a cost approach is used over the comparative approach. This is when appraisers will use data from the tax assessor for lot value. It's already being done! Every builder and agent knows what lots are worth in areas with active construction, even in-town, urban residential areas.

    -------------------------------------------
    Eric Rawlings AIA
    Owner
    Rawlings Design, Inc.
    Decatur GA
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    AIA26 San Diego June 10-13


  • 4.  RE:Legislative Issues 2012

    Posted 02-07-2012 09:06 AM


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    Thomas Bailey AIA
    Senior Project Manager
    Bergmann Associates
    Kissimmee FL
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    Eric, you are correct in the fact that assessors are very aware of valuations and activity with new construction. They are closely tied to the engineering and building departments in most jurisdictions. They are aware when tracts are purchased and the value established. The are informed when a development plan has been approved and the projected construction cost listed in the permit - same with a house permit. You mentioned the developer - s/he knows exactly what the lot value will be. The financial prosectus, required by the financial institution, established the number of lots versus the asking price. So it comes down to home valuations. As many posts have stated, the public has little perception of an architect's value. Most state laws allow anyone to design a residential structure - within size and value limits. What incentive is there for a builder/developer to include an architect in a mass market project? If the public doesn't value an architect's input, there is no reason for a market driven bank to place an enhanced value on a structure, nor an appraiser. It seems, as architects, we must become more involved with agencies and the citizenry for them to understand the value architects bring to a project - from a surburban residential home to the re-development of urban areas. When that value is perceived by the public, developers, financial institutions and appraisers will be forced into recognizing the value as well.





    AIA26 San Diego June 10-13


  • 5.  RE:Legislative Issues 2012

    Posted 02-08-2012 06:37 AM
    My problem with the system is that value is not based on an individual company's performance at market, YOUR value is based on the average sales results of your Community of Competitors in a one mile radius. This allows ZERO room for design to have a perceived value, rather the whole area gets "valued" as a whole. By separating the Lot value from the Structure, a builder or designer could have their projects valued based on their sales, no matter what location. Averaging the sales results of just the comparable Structures that are designed/ built by a specific company and then adding in the Lot price of that particular Location will yield much more consistent results between appraisal and actual (eventual) sales price. Because my houses always sell for the most, they have never appraised any where close to the price they would eventually sell for. The rest of my competitors bring me down. Right now, the system obsesses on location alone and forces us to compare houses that aren't comparable. It's much easier to determine what the price of a Lot is in any given area than it is to determine the price of the combined enchilada based on the standard Comparative Approach. It's much easier and a far more accurate prediction to use a company's sales history to "guess" what THEIR next project will sell for, not every other builder/ designer in the one mile radius. After all, an appraisal is nothing more than a certified "guess" at what a certain item may sell for within a given time period. By ignoring the sales results of the successful, we ignore the will of the free market. By ignoring the will of the free market, we create a race to the bottom. This system is designed to ignore design and that's why it's important to our profession to be justly judged by the appraiser. Otherwise design will continue to never matter in real estate, but it does when it comes to every other commodity known to man in every country in the world. Why does a BMW automatically get valued higher than a Honda? Why does a Gucci always sell for more than a Gucce? In every other market other than Architecture, design matters. If we want to matter, we need this to change!

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    Eric Rawlings AIA
    Owner
    Rawlings Design, Inc.
    Decatur GA
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    AIA26 San Diego June 10-13


  • 6.  RE:Legislative Issues 2012

    Posted 02-09-2012 10:11 AM
    All true.  But how do we change it?  The custom home market predominantly wealthy individuals who don't consider their houses to be an investment as much as a cost of living well.  They are typically sophisticated enough to understand that real estate valuation methods will not value their homes accurately, and that value is in the eye of the beholder.  Those who cannot afford custom homes are going to be less interested in the subjective value because they are concerned about resale value and are also typically less discerning consumers who are willing to live in a tract home so long as it fits their practical needs.  The stable valuation of their homes is more important to them as it is to the economy as a whole.
    Design does have different perceptions in different industries such as autos or fashion, but the lowest common denominator effect is prevalent in every industry, even if the effects look a little different.  The BMW for instance, may sell for more money than the VW Beetle, based on the market's willingness to pay, however, BMW must design their cars based on the prevailing price for auto's in the same class based on what the market has been shown to bear for like models.  As you stated, your homes sell for more, and that is the market working as it should.
    Company stock is another similar situation.  Do the analysts set the price or does the market set the price?  The market reacts to the analysts, but the analysts are trying to predict the market.  Ultimately, the lowest common denominator sets the initial price, but if the stock outperforms, the market takes over and the stock goes higher.

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    Alan Burcope AIA, MBA, LEED AP
    VP Project Development
    HBE Corporation
    Saint Louis MO
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    AIA26 San Diego June 10-13


  • 7.  RE:Legislative Issues 2012

    Posted 02-10-2012 02:12 PM
    The difference between valuing a BMW and a House is that cars are valued based on how the individual company's product performs at market and Houses are valued by averaging the sales results of you and all of your competitors in roughly a one mile radius. This is why design doesn't matter and why individual effort doesn't matter. You're value is only as good as your weakest competitor. There are many Architects that experience the same thing I do. When your competition is mass produced housing, it's like shooting fish in a barrel. The problem is that my builders need more money to build these nicer houses, but the appraiser keeps giving them the same value as everyone else doing the same sized house in the same area. The mass producers need less money, but get an appraisal that exceeds their sales history. We sell the highest priced house of the same size and we get less money from the bank than we need because our competition brings us down. This is the exact reason Architectural houses, green homes, etc. aren't getting built and why the worst houses possible seem to dominate the market. If the appraiser would recognize that an individual company is more likely to repeat their same sales results, the there would be a means for the market to reward better design, rather than punish it. Basically, the Appraiser is giving everyone in the neighborhood a smiley face sticker no matter how good they do. Everyone gets a trophy for participating. Why try if everyone gets the same pay?

    The argument is always Location and my argument is that the value of a Lot is the easiest thing to determine in any given area. The tax Assessor already does this. A BMW is property and you can park that car in a bad neighborhood or a good one, yet the car itself is still the same price. Architecture can be portable. We have mobile homes, container homes, modular homes, etc. Have you seen the houses they can move on the Discovery Channel? Who says we won't move our structures in the future? Why does the Structure's value have to be mixed up with the Lot's value? When you take away the mystery of Location, then the value of a house should be based on the designer's/ builder's performance at market selling just the Structures, not the House and the Dirt it sits on averaged out with all the lousy massed produced homes in your area.

    The way we can fix this is if we organize and do something about it as a profession. I've tried contacting the President, Senators, National Association of Home Builders, etc. An individual can't do this and a few of my interested colleagues aren't capable of making such a change either. What I'm proposing doesn't really change the resources used or the methodology. It just asks one to use the same resources and methods with a different way of thinking. The Comparative Approach is most common where recent sales have occurred and this is where they simply average everyone's effort. The Cost Approach often uses the Tax Assessor's value for Lots and bases the value of the house on a component by component basis like a cost estimate, but less sophisticated. This seems time consuming, but the way they try to homogenize comps in the Comparative method is very time consuming and not at all an exact science by any means. All I'm saying is that if a particular Architect or Builder with a higher than average sales history is involved, then the value of the next project should be based on their most recent sales of similar houses. If a company hasn't established an adequate sales history, then the standard cost values from their standardized resources are used, just like they do now in areas with few to no sales. Green homes would benefit from a more careful cost approach. Those selling lousy houses for lousy prices will get lousy appraisals, while those selling houses for higher prices will be rewarded with a higher appraisal and therefore a larger loan to start the project with. This will allow a 2 bed Platinum LEED home that costs $700K to exist in the same neighborhood as a 6 bed code minimum house for $500K. The current system forces quality/ cost homogenization forcing us into a one size fits all mentality for each area. This can be deadly to an industry and in the case of housing, it's deadly to a culture.

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    Eric Rawlings AIA
    Owner
    Rawlings Design, Inc.
    Decatur GA
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    AIA26 San Diego June 10-13


  • 8.  RE:Legislative Issues 2012

    Posted 02-15-2012 05:39 PM

    I had a friend who was a residential appraiser who received referrals for work from banks who were making the loans.  I want to say he got about $150 per assessment.  I liked the guy, but he didn't graduate at the head of the class if you know what I mean.  He had a strict formula, and he bent it a little to accommodate the bank's need for the appraisal to make the deal work.  Asking such a person to make a qualitative judgement of value, or to make some exhaustive detailed estimate is asking too much unless you can find some way of compensating him for it.

    How can you change the system to motivate this kind of appraisal?  The appraiser works for whom ever sends him work, not even for his client the home purchaser, who is not likely to be a repeat client, but for the bank or real estate agent who can send him repeat business.

    This is a battle that has a lot of implications, and too few who stand to benefit directly.  A tough sell, but I would support it in an election because I agree with it in principal, and it could have several positive effects as you have described.

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    Alan Burcope AIA, MBA, LEED AP
    Saint Louis MO
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    AIA26 San Diego June 10-13


  • 9.  RE:Legislative Issues 2012

    Posted 02-16-2012 02:16 PM
    The fact that the appraiser is a "hired gun" so to speak, is why it's even more painful when you're projects are the ones that provide your competitors with the high comps that their appraiser uses to give them values exceeding their sales history, while my builders get punished by their appraisers because they are supposed to use a high, medium, and low comp to determine the "average". This means my competitors lousy sales history drags my value down to the average, making design seem not only worthless, but a penalty. This is at the heart of why we design maybe 3% of the most numerous building type in America. All it takes is one high sale to give every builder in the neighborhood access to that comp and a free pay raise for doing nothing. This is part of the mechanism that sent prices through the roof during the boom. One sale = rise in value for 20-50 new houses. Every time I've seen an appraisal from my neighborhood, my latest spec house is the top comp being used to justify value. They use that extra bump to get the starting money and use it to justify selling their houses for higher prices while spending nothing on design, little on materials, etc. When it comes to selling new houses, the sales history of the builder/ designer should be the number one factor in deciding what the most likely price the house will sell for at market. The whole neighborhood is leaching off of my efforts and I'm not getting paid like the agent, builder, etc. This is because the system doesn't value design, so no one else does. I'm finally starting to get across to the people and so can everyone here. As long as we allow the majority of America to believe we bring them no value, none of us will be paid what we're worth. The Housing Industry influences every person from every walk of life in the most personal of ways. We're not there. For the sake of the profession, we must pay better attention to Housing if we find influencing people important. 

    Whether or not you care for residential work, it's important to the profession as a whole for us to have greater numbers for political influence, social influence through designing the most used and personal building a person will ever own, and we must insist that real estate and structures are two separate entities and should be treated as such. God made the land, but a company (or team of companies) with a business model and sales history made the structures. The structures are products like any other and the value of the land is determined by how desirable the adjacent amenities, opportunities, and services are only expressed by how much someone is willing to spend on a house to live there. Every builder, agent, and designer knows how much the lots are worth in each area. This is no mystery and there is no reason not to separate the cost of the lot from the cost of the structure. Once separated, there is no reason to compare my houses to my competitor's houses and average our efforts. There is no argument from a valuation perspective that it is more likely that the same company will probably produce products that sell for similar prices as opposed to saying it's more likely that every company will perform at the average, regardless of sales history or track record. This is why next year's BMW will not be priced as a Honda. The center of the problem is that our valuation system takes no consideration that each house may be very different in the same area. It says everyone is average and only locations are unique. The locations may be unique, but the average lot in my neighborhood is $200K and everyone knows it. Just a few miles down the road, you're paying $400K and everyone knows it. Why is the same cookie cutter house being built by the same company in these two different neighborhoods not the same exact price minus the land? Doesn't this only make sense when we already know what the land goes for? Now your expensive Platinum LEED home won't get punished by the appraiser because they base your projects value on the average sale of the combined lot and structure. You buy a lot for $200K and then you can put a $100K code minimum shack there or a zero energy fortress (within the limits of zoning) for $2 mil. The land will rise or lower in value when people put more money in the area. People will be more inclined to invest more up front for a more efficient structure if the bank would quit thinking of the house and lot as some mysteriously sacred siamese twin sharing a heart, liver, and lungs.

    Architecture is portable and modular homes, the decline of the McMansion, etc are creating more interest in manufactured and portable structures. How do we handle that if lots are inseparable from the structures that happen to be on them? The value of the lot isn't the unique factor, it's the desirability of the home. People are buying the house, not the location. They shop in locations that they like, but it isn't the dirt that makes them want to settle down, it's the house. The house sells the property from beginning to end. The curb appeal is 90% of whether they even slow down to take a real look see. How the house functions is what seals the deal. Does it have enough bedrooms, a place for their sectional, or grandma's sewing machine? Aesthetics brings them in and function/ practicality sells the house. It's the product that is created by a company that people are buying and making decisions about. People are more likely to sacrifice location if they can't find the house they need in the price range they can afford. Very few buy a house they hate without enough space just to be in the location of their dreams. 

    God made the land, but people made the structures.

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    Eric Rawlings AIA
    Owner
    Rawlings Design, Inc.
    Decatur GA
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    AIA26 San Diego June 10-13


  • 10.  RE:Legislative Issues 2012

    Posted 02-06-2012 10:34 PM

    The 'Racket' was terminated. Integrity is being restored.
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    Claude Pullen AIA
    Naples FL
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    AIA26 San Diego June 10-13


  • 11.  RE:Legislative Issues 2012

    Posted 02-07-2012 10:23 AM
    "The emperor is not wearing any clothes.." I am a novice  in the Real Estate world but the issues raised by Eric's post resonate with my own experience and thoughts - warped and rambly as they are.

    I have a 1914 bungaloid. Lot and building values are listed separately on my tax assessment. My wife and I bought for $139k almost 8 years back. A 2-story builder investment was built on adjacent lot seven years ago (our lot was subdivided by prior owner into two equal sized parcels at 75x150) and sold for $300k. Highest price paid to date in the history of the town. Lots were equal, houses were similar in size. Nothing special about the new house other than it is new. No aesthetic design value, rooms are small, no windows on either side of the house, no porch, no roof overhangs (tupperware-roof), vinyl windows, white siding, builder grade 100% through and through, attached garage and a deck. No landscaping beyond sod in front yard. My subsequent appraisals for my home are now higher because the average was raised - good for me.

    We want high appraisal values when we seek home equity loans and when we sell the house. We want low appraisal values for tax purposes - different appraisal systems and requirements. Politics vs free market rules?

    As homeowners if we invest in our properties with additions we will most likely be hit with an a$$essment for (punished) higher taxes based on the re-appraised value with improvements (and average of neighborhood). If people want to improve their home they have to accept that it comes at a cost of higher taxes / a disparagement to building or building well. If I invest in materials and quality over and above what the market average will allow then market-logic determines that you will not recoup your investment even though the value of the "home/product" may be better.

    If you had a community of homes with better value, quality, and product wouldn't the community stand to gain overall?

    Real"A-TORS" want to sell the home first, and second for the highest price they can achieve. Their fee as we all know are set about 6% of a homes sale price. This 6% does not come out of the buyers pocket as it does for an an architectural fee - it is rolled into the mortgage in most cases. Imagine if the architects fee could be amortized as part of the construction or mortgage loan and required by the mortgage process to ensure value for money loaned and spent. People would probably be more inclined to pay for an architect to be involved with their project. A well designed home would have more value than a builder grade investment.

    Ideal legislation would be a moratorium on an assessment related to improvements as incentive to homeowners to invest in their homes and communities. When the house sells then reassess and bring the property tax inline with other homes of similar value in the community with lot and building appraised separately.

    If this pie-in-the-sky idea could be sold to all municipalities it might breath some life into the residential construction market. Allow architectural fees to be mortgaged with home loan might breath some additional life into the architectural profession.

    I rant therefore I am..

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    Harry Wright AIA

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    AIA26 San Diego June 10-13


  • 12.  RE:Legislative Issues 2012

    Posted 02-17-2012 11:49 AM
    Eric / Alan / Harry,

    I applaud all of you for participating in this discussion and expressing your insightful views so intensely and passionately. This is a HUGE issue and if any progress were made AT ALLl, whether at the local level with grassroots advocacy or at the national level with AIA ' PAC getting involved, it would be a major "win" for the value of design and the architecture profession as a whole.

    Unlike Alan (who made many very good points) I don't think the issue is impossible to legislate and enforce, it just requires a lot of effort and intense passion to get it in front of the right people.

    I think there are opportunities to get the AIA ' PAC involved in this discussion and fight for it with our national and state legislators, to bring awareness to the backward and ineffective methods currently being used by banks and the "appraisers in their pockets" as Eric and Alan so adequately expressed them.

    Also, at the local level, city councils, mayors, etc. can get involved and informed by us through grassroots efforts.

    Banks and other lending institutions that use the out-dated tactics for setting residential property value are not exactly "popular" with most political / government officials right now AT ANY LEVEL; if you add up all the "black hats" these institutions have collectively worn in the past few years with regards to the sub-prime mortgage crisis, and fraudulent investment practices, etc.

    They are not as "invincible" and "bullet-proof" as they have been. I think legislation at any level - if presented properly - to enforce more reasonable appraisal practices such as assessing value to lot and improved structures as seperate entities on a site would be looked upon favorably by a lot of people who have grown tired of banks and their cronies playing by their own rules.

    Perhaps the time really is NOW to raise awareness and advocacy efforts on this subject within our own AIA ' PAC and other groups at a more local level.

    Thanks for starting the discussion Eric!

    -------------------------------------------
    Matthew Green AIA
    Architect ' Senior Project Manager
    C.M. Architecture, P.A.
    Fort Worth TX
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    AIA26 San Diego June 10-13