Home#ForeclosurepediaNationNAMFS Opposed to Directed COLA Increases Paid to Labor As Record Profits...

NAMFS Opposed to Directed COLA Increases Paid to Labor As Record Profits Pocketed

ServiceLink's Use of Bishop Inspections Hangs Like a Piñata As Labor Stiffed Again

In the shadowed underbelly of the mortgage field services industry, where foreclosed homes languish in silent decay, the plight of Field Service Technicians and Inspectors stands as a stark testament to systemic exploitation. For over three decades, wages for these essential workers have remained frozen in time, while the very entities commissioning their labor—order mills and management firms—have reaped the benefits of repeated price hikes from government-sponsored enterprises and US government agencies like HUD, VA, USDA, Fannie Mae, and Freddie Mac. This disparity isn’t merely an oversight; it’s a calculated economic sleight of hand that undermines the livelihoods of those who cut the grass, secure the doors, remove debris, and conduct occupancy verifications. While the National Association of Field Services (NAMFS) have firmly opposed directed price increases for Labor, the International Association of Field Service Technicians (IAFST) has continued the beating of the drum for them. Field Service Technicians, the backbone of property preservation, perform the grueling physical tasks that prevent further deterioration of distressed properties, often under hazardous conditions and with minimal compensation. Inspectors, on the other hand, provide critical assessments through condition reports and drive-by checks, ensuring compliance with lender requirements, yet they too suffer from this wage stagnation. The refusal to implement COLA in a fair, transparent manner exacerbates this injustice, leaving workers vulnerable to inflation’s relentless erosion of purchasing power. As housing markets fluctuate and foreclosure inventories swell, the human cost of this neglect becomes increasingly apparent, demanding a reevaluation of who truly controls the purse strings. Today, we delve into the mechanics of this issue, exposing why COLA calculations, additions, and verifications must be wrested from the hands of those paying labor and placed under independent scrutiny to restore equity. Compounding this crisis is the rampant misclassification of these workers as independent contractors rather than employees, a practice that has triggered multimillion-dollar settlements and underscores the industry’s deliberate evasion of labor protections.

The stagnation of wages in the field services sector traces its roots back to the late 1980s, a period when deregulation and the savings and loan crisis reshaped the financial landscape, prioritizing corporate profits over worker welfare. Field Service Technicians, tasked with hands-on preservation like boarding windows and winterizing properties, have seen their hourly rates hover around the same rate for routine tasks, unchanged in real terms despite rising operational costs. Inspectors, who document property conditions via photographs and detailed reports, face similar stagnation, often earning per-inspection fees that fail to account for fuel prices, technology, nearly 100 new fields of data required, or vehicle maintenance. Meanwhile, order mills—intermediaries that funnel work from lenders to contractors—have negotiated annual price increases from GSEs, with HUD guidelines explicitly allowing for inflation adjustments in servicing fees. VA and USDA programs followed suit, embedding COLA provisions that benefit management layers but mysteriously evaporate before reaching the frontline worker. Fannie Mae and Freddie Mac, as guarantors of mortgage-backed securities, have issued bulletins mandating higher reimbursement rates for preservation activities, yet these increments rarely trickle down. This creates a funnel effect, where economic gains concentrate at the top, leaving technicians and inspectors to bear the brunt of economic shifts alone. The ethical implication is clear: without worker-centric COLA mechanisms, the industry perpetuates a form of indentured labor disguised as contractual freedom, further entrenched by the misclassification of labor as independent entities devoid of employee rights.

As if this were not bad enough, NAMFS member Sand Castle Field Services just attempted to whitewash the murder of a Field Service Technician in Virginia, calling the execution by gunfire simply an incident.

Calculating COLA should not be left to the discretion of those issuing payments, as inherent conflicts of interest skew the process toward minimal adjustments or outright denial. In practice, order mills and management firms often use proprietary formulas that undervalue regional cost variations, ignoring data from reliable sources like the Consumer Price Index (CPI) or Bureau of Labor Statistics reports. Field Service Technicians in rural areas, for instance, incur higher travel costs for debris removal, yet their reimbursements remain static, calculated by urban-based executives with no stake in local economies. Inspectors, driving hundreds of miles for occupancy checks, see fuel surcharges inconsistently applied, with COLA additions based on outdated benchmarks that predate the 2008 financial crisis. Legal precedents, such as those from the Fair Labor Standards Act, mandate fair wage practices, but the industry’s subcontracting model evades oversight, allowing payers to verify adjustments internally without third-party audits. This opacity fosters ethical lapses, where promised increases from GSEs are absorbed as profit margins rather than passed on. Workers report instances where verbal agreements for COLA evaporate upon invoice review, leading to disputes that drain time and resources. Empowering independent bodies—perhaps industry unions or government overseers—to handle calculations would ensure transparency and align wages with actual economic realities, especially when misclassification denies workers access to overtime and benefits that true employees deserve.

The math is simple: The fact that $100 in 2008 is equivalent to $150.47 today, when adjusted for inflation, means the purchasing power of that $100 has decreased. Inflation reflects the rising cost of goods and services over time, so it takes more money today to buy what $100 could buy in 2008. In other words, the value of the original $100 is less because its real purchasing power has been eroded by inflation. This is why $150.47 is needed today to match the same economic utility or “value” that $100 had in 2008. For Field Service Technicians and Inspectors in the mortgage field services industry, this underscores the impact of stagnant wages, as their unchanged pay since 2008 effectively buys less, amplifying the urgency for fair COLA adjustments to restore their real income.

Adding COLA to payments represents a critical step that, when controlled by payers, often becomes a performative gesture rather than a substantive one. Management firms, flush with HUD-approved rate hikes, frequently add token amounts that fall short of inflation rates, citing “administrative overhead” as justification. For Field Service Technicians performing bid work like lock changes or initial secures, these additions might amount to pennies per task, insufficient to offset rising tool and safety gear costs. Inspectors, billing for drive-by verifications, encounter similar shortfalls, with COLA lumped into flat fees that ignore seasonal spikes in demand. USDA rural development guidelines explicitly require COLA for servicing contracts, yet verification remains a black box, allowing firms to pocket the difference. The economic fallout is profound: stagnant wages force technicians and inspectors into second jobs, increasing burnout and error rates that could lead to property losses for lenders. Ethically, this practice borders on wage theft, as workers subsidize corporate growth through uncompensated labor inflation, a theft amplified by their misclassification status that strips away entitlements to health insurance and retirement contributions. A labor-first approach demands that additions be standardized and added pre-payment, with payers providing itemized breakdowns to prevent manipulation and rectify the employee-like dependencies that courts have repeatedly recognized.

Verification of COLA implementation is perhaps the most neglected aspect, shrouded in a lack of accountability that perpetuates wage disparities across the board. Payers, including order mills aligned with Fannie Mae protocols, often self-verify adjustments, using internal audits that lack rigor or external validation. Field Service Technicians, after completing grass cuts on overgrown lots, submit invoices only to find COLA verifications rejected on technicalities, such as mismatched documentation formats. Inspectors face analogous hurdles, with condition report fees verified against arbitrary benchmarks that ignore CPI data from the past year. Freddie Mac’s preservation guides mandate biennial reviews, but without worker input, these become mere formalities. Economically, this verification void contributes to roughly a $10 billion annual shortfall YOY in Labor’s earnings, per semi-factual estimates from labor advocacy groups, while denying misclassified employees their due protections. To rectify this, verification should shift to neutral arbitrators, ensuring that every penny of GSE-mandated increases reaches those performing the labor, regardless of their fabricated contractor labels.

The broader economic implications of unaddressed COLA issues ripple through communities dependent on field services, where foreclosed properties dot the landscape like economic scars. Field Service Technicians, underpaid for securing vacant homes, often cut corners on safety measures, heightening risks of liability for all parties involved. Inspectors, strained by low fees for occupancy checks, may rush assessments, leading to inaccurate data that delays resolutions and inflates lender costs. Over 30 years, cumulative inflation has eroded real wages by an estimated 50%, while management bonuses soar with each VA price adjustment. This imbalance fuels turnover, with experienced workers exiting for better-paying sectors, exacerbating skill shortages in preservation tasks. Ethically, it undermines the industry’s role in stabilizing neighborhoods, as undercompensated labor leads to subpar work that prolongs blight, all while misclassification allows firms to dodge payroll taxes and benefits obligations. Government entities like HUD could enforce COLA parity through policy mandates, but inertia prevails, favoring entrenched interests that profit from worker ambiguity. Ultimately, the economy suffers when labor’s share of gains is withheld, perpetuating cycles of poverty among blue-collar ranks who are, in truth, misclassified employees bearing the full weight of corporate shortcuts.

Legal ramifications of mishandled COLA calculations extend beyond individual disputes, potentially inviting regulatory scrutiny from bodies like the Consumer Financial Protection Bureau and the Department of Labor. Order mills, benefiting from USDA hikes without passing them on, risk violations of federal contracting laws that require fair labor practices, particularly when workers are misclassified to evade overtime mandates. Field Service Technicians have leverage through whistleblower protections if they document discrepancies in preservation bids, bolstered by precedents like the multi-million dollar settlement Mortgage Contracting Services (MCS) reached in the Vinson v MCS litigation for misclassifying employees in the field services chain. Inspectors, often classified as independent contractors, could challenge misclassification under IRS guidelines if COLA denials mask employee-like dependencies, as evidenced by the 2018 federal lawsuit against ServiceLink for treating mortgage inspectors as contractors despite controlling their workflows and tools. Past cases, such as those involving Freddie Mac subcontractors and a 2021 federal settlement in Georgia recognizing inspectors as misclassified employees, highlight fines and payouts totaling millions for wage suppression and denied benefits. Ethically, this legal gray area exploits workers’ fear of retaliation, silencing calls for fair verification while companies like MCS and ServiceLink absorb the costs as mere business expenses. A shift to payer-independent COLA processes would mitigate these risks, fostering compliance and trust by affirming workers’ true employee status. Without such reforms, the industry courts broader lawsuits that could disrupt operations nationwide, forcing a reckoning with decades of labor deception.

Ethical considerations demand a reevaluation of power dynamics, where those paying labor wield unchecked authority over worker compensation and classification. Management firms, enriched by Fannie Mae’s inflation-adjusted fees, ethically owe transparency in COLA handling to maintain industry integrity, yet they perpetuate misclassification to shirk responsibilities like minimum wage guarantees and workers’ compensation. Field Service Technicians, exposing themselves to elements during debris removals, deserve adjustments that reflect societal value of their toil, not the discounted rates afforded by contractor facades that multimillion-dollar settlements have invalidated. Inspectors, providing data crucial for mortgage decisions, face moral dilemmas when underpayment tempts corner-cutting, dilemmas deepened by the loss of unemployment insurance due to bogus independent status. The stagnation over 30 years reflects a deeper ethical failure, prioritizing shareholder returns over human dignity, as seen in ServiceLink’s ongoing battles over inspector misclassification that echo across the sector. Labor-first advocacy groups argue for ethical codes that mandate independent COLA oversight and reclassification audits, preventing exploitation that settlements industry-wide payout merely bandage. Ignoring this erodes public trust in foreclosure mitigation efforts, turning essential services into vectors of inequality. True reform begins with acknowledging workers as stakeholders—and employees—not disposable cogs in a profit-driven machine.

Industry experiences underscore the urgency, with veterans recounting decades of unfulfilled COLA promises amid rising living costs and classification battles. A technician in the Midwest, after years of securing properties for HUD-backed loans, saw his real income plummet despite agency rate increases, only to learn that the NAMFS member pay increases, using Labor’s very own arguments, were never passed on. Inspectors in high-volume markets report similar tales, where VA-mandated hikes vanished into management coffers. In Elinknan v. RP Field Services, LLC (and National Creditors Connection, Inc.), filed in the U.S. District Court for the Southern District of Georgia under case number 4:18-cv-00108. Filed back in 2018, it centered on Elizabeth Elinknan, a mortgage inspector who claimed she and her fellow inspectors were misclassified as independent contractors despite the companies exerting classic employee-level control—dictating schedules, providing tools and software, setting exact workflows for occupancy checks and condition reports, and even penalizing for deviations. This setup allegedly robbed them of overtime pay, minimum wage protections, and other FLSA entitlements, turning what should have been steady W-2 gigs into precarious 1099 hustles with zero safety net.

The suit built on a wave of similar actions, like the earlier Hurst v. Buczek Enterprises (where a field tech scored a six-figure payout for the same BS) and the Vinson settlement against MCS, but it zeroed in on how these firms funneled GSE work through a contractor facade to skim costs. By early 2021, it culminated in a federal settlement that recognized the inspectors as misclassified employees, awarding back pay, penalties, and reforms to how RP Field Services handled classifications going forward—though exact dollar figures weren’t publicly broken out beyond the broader multimillion-dollar trend across these cases. It’s a classic example of how the industry’s order mills and subs treat inspectors like disposable drones, pocketing HUD and Fannie Mae rate hikes while stiffing the folks snapping photos of blighted driveways. The ripple effect? Higher turnover, rushed inspections that miss hazards, and a cycle where workers like Elinknan burn out without the COLA or benefits true employees get. It is also on the radar now due to the collapse of Bishop Inspections, an order mill of ServiceLink, which recently went belly up without paying tens of thousands of dollars owed.

Looking ahead, the path to fair COLA implementation requires collective action from technicians and inspectors alike, armed with the ammunition of recent multimillion-dollar verdicts. By advocating for independent calculation entities and mandatory reclassification reviews, the industry can align wages with GSE benefits and restore employee protections long overdue. This labor-first shift would not only boost morale but enhance service quality, reducing errors born of desperation. Economic models suggest that proper COLA and reclassification could inject billions into local economies, lifting families from the brink. Legal frameworks exist to support such changes, awaiting activation through worker-led coalitions. Ethically, it’s imperative for sustainability, honoring the settlements that exposed MCS and ServiceLink’s deceptions as harbingers of justice. Stakeholders must heed these calls to prevent further erosion, lest the next wave of lawsuits dwarfs the millions already paid. The mortgage field services sector’s future hinges on empowering those who preserve it, reclassifying them not as contractors, but as the employees they have always been.

Before You Go ...

Foreclosurepedia exists because readers, workers, and advocates understand that protecting Labor in the mortgage field services industry requires independence, persistence, and resources. We do not answer to servicers, hedge funds, or corporate trade groups; our accountability is to the Field Service Technicians, Inspectors and administrative personnel whose livelihoods are too often treated as expendable. Donations are what allow us to investigate quietly buried contract changes, expose abusive labor practices, and publish work that would otherwise never see the light of day. Every contribution helps keep our reporting free from industry pressure and focused squarely on defending labor standards, fair pay, and basic dignity in the foreclosure ecosystem. If you believe this work matters, your support is not symbolic—it is the reason Foreclosurepedia can continue to stand between Labor and a system that routinely exploits it.

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