Wed Feb 8 21:37:53 EST 2023
Home#OpNAMFSAltisource and the Doctrine of Volenti Non Fit Injuria

Altisource and the Doctrine of Volenti Non Fit Injuria

Altisource, a National Association of Mortgage Field Services (NAMFS) Regime Member, has been under fire recently for not performing what many consider a Due Diligence assessment upon those National, Regional and Otherwise Unspecified Order Mills. Buczek Enterprises is simply one more name added to a long offender list which Foreclosurepedia has been publishing upon for several years now. — Editor’s Note: To get the best feel for this Article, click the Theme Music at the bottom of the page.

In fairness to Altisource, there does appear to be interest to more closely examine their relationships. The problem is that the interest is back channel and does not, I believe, send a clear and distinct message publicly.

In a brave new world wherein Companies like Altisource are looking to buy CoreLogic and centralize the power and control of the Mortgage Field Services Industry for their Parent Ocwen, it might make more sense to get their current affairs in order. I mean it is common knowledge that CoreLogic’s preservation arm never has and never will make any type of profit. Altisource knows this as well. It is the CoreLogic suite of subsidiaries including the recent $661 Million dollar purchase of Marshall & Swift/Boeckh that Altisource is interested in. In essence, it allows Altisource to end game any Regulatory Concerns had they attempted to make the purchases separately.

While I slum around in reporting upon the Mortgage Field Services Industry to keep my blood pressure in a high vertical zone, the reality is that I am an Intelligence Analyst by trade. Whether my product is military or civilian, the end results are always the same for my Clients: Actionable Intelligence.

The Mortgage Field Services Industry is a very small sprocket in a mind numbing assembly of cogs. The ability to create the One Stop Shop; the ability to bring in the foreclosure, service the foreclosure, and resell the foreclosure — that is where dynasties are created. I get a smile when I think of those whom stated my predictions were lunacy; my predictions calling for the complete assimilation of all Regional and Otherwise Unspecified Order Mills. Those whom stated that the bankruptcies would never happen now eat crow. On that note, where are some of the old stalwarts like A&M Recovery and Midwest Metro these days? More on point, have you seen the internal numbers from the NAMFS Regime? Yeah, going to be a very lean year — probably better for Contractors as the fraud will have to be under fewer roofs I would think.

Altisource is in a set of dire circumstances: Contractors defrauded under the Berghorst Enterprises roof now being respun in Heritage Home Solutions; Cheap Suit Jay and the NAMFS Regime being allowed to publicly state that Altisource submitted Reference Letters for Michigan Realty Solutions and neither called on the carpet for it; Buczek Enterprises defrauding Contractors coast-to-coast and nine other Firms coming up on the radar.

The question presents at what point-in-time is Altisource going to publicly declare war on fraud and corruption? In all fairness, my Source does what the Source is able to … and MORE. It is a tight rope, though. On the one hand, even when documentation is submitted not just to Altisource, but to any NAMFS Regime Member, they are in a bind if they act upon the Actionable Intelligence.

Let me explain my position: There has been a climate of pervasive fraud within the Mortgage Field Services Industry which began to tremendously spike several years ago. Until Foreclosurepedia began to systematically document the fraud and transmit across multiple Social Media Platforms, relatively few people knew about the fraud, let alone the extent to which it was destroying families.

This climate was the combination of a perfect storm: No regulatory oversight; poor business men and women; reduction of volume; over extension of debt; and an implicit agreement of the National Association of Mortgage Field Services to never publicly condemn any NAMFS Regime Member for their transgressions.

Altisource and other Portfolio Holders are a bit different than the normal National, Regional and Otherwise Unspecified Order Mills that the NAMFS Regime churns out. Unlike the regular NAMFS Regime Order Mills, Altisource and others are not simply involved in the preservation of properties. Altisource, for example, has a parent company named Ocwen which actually deals with the Mortgage Loans. This means that regulations normally in place in ANY OTHER INDUSTRY affect Altisource.

A classic case-in-point is Heather Berghorst. Berghorst whom has been a NAMFS Regime Board Member for years and is currently the NAMFS Regime Secretary decided that she was going to reset her Contract with Contractors vis-a-vis Berghorst Enterprises — Berghorst Enterprises is no longer around and has become Heritage Home Solutions. By fiat, Berghorst placed Contractors on payment plans for monies she owed them. In the real world, she would have been required to file for bankruptcy protection and not do business again. Not in the Mortgage Field Services Industry, though. Berghorst actually was REWARDED for this back alley tactic and received yet more work in much the same manner the Federal Reserve Board rewarded their Bankster Buddies in the Bail Outs.

Buczek Enterprises was the pivotal moment in Foreclosurepedia’s war on the NAMFS Regime. For the first time, Foreclosurepedia was able to take a Legacy Member of the NAMFS Regime and hold them accountable — in less than 100 hours. Contractors, as well, rose up and took to the streets and are still there. For those few brave men and women whom came forward, I predict they will receive quiet payments; for the rest whom played the odds I predict they will wait in line at a bankruptcy hearing. Collateral damage is what I think of it as. While many may be outraged that I will not fight for the entirety of those defrauded by Buczek Enterprises, I tell them to grow a pair and stiffen their spine because the fraud is eventually going to hit every Contractor whom is actually performing their own work in the field.

That statement is critical to understand. You see, many of the most vocal out there on the Drive By Social Media are actually Order Mills themselves. There is a distinct difference between a Company whom has W2 Employees and a Company whose existence is based ONLY UPON taking a percentage of a Contractor’s pay. There is no argument; absolutely no justification for any Order Mill to exist, unless ALL THEY REQUIRE from a Contractor are photos.

An example is a Company whom simply Order Mills work from another Order Mill such as Safeguard Properties or, even worse, from another Group of Order Mills.

Volenti Non Fit Injuria is a Latin phrase which loosely translated means To A Willing Party No Injury Is Done. In the legal spectrum, it primarily deals with an employee – employer capacity. Now, we know in the Hurst v Buczek Enterprises case that this question has already been decided with respect to whether or not Contractors are Employees. My point does not really lay supine upon that. My point delves into the more abstract and I believe novel legal theory.

Altisource, for quite sometime now, has known that their associations with many of the NAMFS Regime were questionable, at best. When Altisource struck out with Heather Berghorst, yet again, it is my belief that they became a willing party and thus incur both previous and all future injury willingly. Not just with Berghorst, though. Should Altisource choose to bury their heads in the sand — tomorrow morning by 1000EDT I will know the answer to that question — then Altisource will be hard pressed to keep the Regulators off of Ocwen. The term, the enemy of my enemy is my friend, is very apt here.

People within Buczek Enterprises are scared. When I get back channel calls from Non Sources it is an indicator that Rome is not burning down — Rome has already burned down. More on point, when I get calls from people at places like Lender Processing Services and Mortgage Contracting Services, I know that the fall out is going to make Nagasaki look like a bee sting.

I read quite a few medical and scientific journals in the evening to relax. An Article that came out last week in Nature Neuroscience dealt with serial dependence in perception characterized by a spatiotemporally tuned, orientation-selective operators — continuity fields. In layman’s terms, what we see is really a smoothing out of say 10 – 15 seconds of visual information.  It dovetailed nicely with a Dissertation Paper I was reading over in 2012 on The Role of Cortical and Subcortical Spatial Mapping from UC Berkeley.

Now, stick with me a moment class. So, first we now know that what we believe is real time actually is not. Combine that with the innate human need to bury cases of total depravity that we see on a daily basis in the Industry. Here is the reality: As Contractors, we are, in essence, Undertakers. We come in and examine the lives of countless men, women and children whom have been forced out of where they were. Some foreclosure victims elderly; sick, scared and alone. Some foreclosure victims were black and some were white; some were a homogony with and without offspring. Some foreclosure victims were children. We see that each and every day: The toys littering the hallway brings a tear to the newly indoctrinated within the NAMFS Regime and a shrug by the hardened like the Berghorsts and Buczeks — the Berghorsts and Buczeks of the world simply look at the toys as a larger line item which they will never pay Contractors for anyway.

Richard Rhue, Owner of Niagara Removal Services Incintimated that a Contractor may have, “…opened a can of worms…” by educating homeowner’s on the presence of mold in their properties. I wasn’t really surprised by this as Rhue is a die hard Safeguard Properties Contractor in New York — yup, the very same New York as in Buczek Enterprises and a bit less than an hour away depending upon traffic. This is a perfect example of the mind playing tricks on the brain.

Unless and until the Organizational Infrastructure of the Mortgage Field Services Industry — not the NAMFS Regime as they are really just a bunch of blow hards whom print targets on themselves — realizes that the Cortical Sensory Information they are receiving is inaccurate; until folks like Altisource begin to understand that their eyes — Berhorst Enterprises, Michigan Realty Solutions, Heritage Home Solutions, Buczek Enterprises, et al. — are miserably failing them and they need transplants STAT, there will be no change.

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