As Members of the National Association of Mortgage Field Services (NAMFS) continue to skirt the law, one item continues to pop up in the Employee vs Independent Contractor battle: Background Checks. The forcing of Contractors to pay for their own background checks and that those background check providers may ONLY be conducted NAMFS Member business associates is at the heart of anti trust violations, I believe. The most egregious offender is obviously Wells Fargo whom actively participates is allowing only Aspen Grove Solutions (AGS) to conduct their background checks. While Wells Fargo’s Senior Vice President and Senior Counsel for Contracts and Technology, Sue Bunnell, stated on an hour long phone call to Foreclosurepedia that this was not happening; that Wells Fargo had nothing to do with this and would address those involved, the reality is that Sue Bunnell lied.
Cityside Management Corporation (Cityside) has decided to enter the fray, as well. They knocked one out of the park in that not only did Dan Hansen appear to want an anti trust complaint filed; it appears Hansen wanted to make sure he had employees and not independent contractors. Here is a portion of a pro forma email recently sent out by Cityside’s Recruiter, Laura Norse,
You will also need to register with PlusOne, a partner we’ve chosen to complete our required background checks.
Finally, we ask that you register with CitysideU – our online training portal where you’ll be able to stay up to date on Cityside requirements and latest trainings.
So, Dan Hansen, the spin master at Cityside whom has brought you the insanely low pricing which is the brand of Cityside these days, also is willing to train independent contractors on how to do the job that an independent contractor is supposed to already know how to do.
I am not sure at what point Contractors will finally refuse to pony up the $118 New York Background Checks. Even this, though, pales in comparison to the Five Brothers – Wells Fargo demands now being issued out,
WELLS FARGO (WFB) Subcontractor Code of Conduct Acknowledgment
Following is the illustrative acknowledgment of the form for the Subcontractor Code of Conduct to be reviewed and signed.
Through my acknowledgment by my signature below, I and each of my employees or co-workers have accepted and completed the Work Order or Inspection (“Servicer”) on the subject Property and these Services were completed in accordance with the requirements of Five Brothers and Wells Fargo Home Mortgage. In accepting and completing these Services, I have acknowledged and agree to the following:
- I have passed the required Background Check prior to accepting any work order or performing any inspection on the Subject Property.
- I agree to provide my unique subcontractor identification number that was assigned exclusively to me on each inspection report or completed work order that was performed by me.
- I and each of my employees or co-workers agree to carry a valid government issued identification drivers license, identification card, passport, visa, work permit or similar document, including a company issued identification. I and each of my employees or co-workers agree to present our identification documents to any law enforcement or government official, any occupant or neighbor of any Property associated with the Services performed by me or my employees or co-workers.
- I and each of my employees or co-workers will follow all applicable standards and requirements for the assigned Service, and each of the Services performed by me and my co-workers will be in accordance with local building and housing codes, regulations or the rules and requirements of the homeowners’ association.
- I and each of my employees or co-workers will maintain any applicable or required state and local business licenses and permits to perform the assigned Services at the subject Property.
- I and each of my employees or co-workers shall be appropriately bonded and carry the required insurance to perform the Service.
- I and each of my employees or co-workers shall not engage in any activity that constitutes gross misbehavior, willful misconduct, or any conduct that otherwise involves dishonesty, breach of trust, theft, burglary or violent behavior while performing the assigned Service at the subject Property.
- I and each of my employees or co-workers will wear appropriate company uniform or clothing, and if no uniform is provided, then I and each of my employees or co-workers will wear an appropriate shirt, pants, shoes and any required protective clothing or safety equipment while performing the assigned Service. I and each of my employees or co-workers also agree not wear clothing with any offensive designs, photographs or language or use any offensive language while performing the Service at the subject Property.
- I and each of my employees or co-workers will not be intoxicated or under the influence of an illegal substance while performing assigned the Service at the subject Property.
- I and each of my employees or co-workers will perform and complete all assigned Services in a professional manner using the appropriate materials that are new and suitable for the Services performed or clearly label and identify materials that are not new, as well as, use the appropriate equipment, tools and techniques to perform and complete the Service.
- I and each of my employees or co-workers will immediately notify Five Brothers and Wells Fargo if there was any unscheduled or unintended contact with the mortgagor, homeowner, tenant, occupant or other contact with any third party, such as a neighbor, government official or law enforcement officer, while performing the assigned Service at the subject Property.
- I and each of my employees or co-workers will restrict our conversation or discussion with the mortgagor, homeowner, tenant, occupant or any other contact with a third party, such as a neighbor, government official or law enforcement officer, while performing the assigned Service at the subject Property.
- I and my employees or co-workers will not disclose, share or provide to a third party any information such as photographs of the Property, information contained in the Work Order or information obtained from conducting the Services or the type of Services performed or completed, including any information regarding the Property address, occupancy status or Property condition.
- I and my employees or co-workers shall consider and handle all Work Order and Inspection information as private and confidential, and not share this information with any other persons or entities.
- I and each of my employees or co-workers shall promptly comply with any directions, orders or instructions given by federal, state or local law enforcement agencies or government officials while performing the assigned Service.
- I and each of my employees or co-workers shall not solicit or participate in television, radio, print, advertising or media interviews or respond to any inquiries related to the Service or any Service provided by me or Five Brothers, and we will not post to the Internet or the World Wide Web any information, photographs, videos, comments, postings or statements relating to the Service at the subject Property.
- I and each of my employees or co-workers will immediately notify Five Brothers and Wells Fargo when there has been any contact with any occupant of the Property or neighbor that was verbally or physically threatening, any confrontational or offensive statements by the occupant of the Property or the neighbor, or any contact with a government official or law enforcement officer.
- I and each of my employees or co-workers will immediately notify Five Brothers and Wells Fargo when where there is a code violation or official governmental posting on the subject Property.
- I and each of my employees or co-workers will not remove any required notices and signage on the subject Property and any posting or signage on the Property that are required by any applicable local building codes, regulations, ordinances, statues or as may be required by the homeowners’ association or remove any material in the mail box, shipments, packages and/or mail delivered to the Property.
- I and each of my employees or co-workers will not donate, sell, barter, exchanged or otherwise use any personal property or items that were removed from the subject Property and nothing will be remove from the Property for any personal use or the personal use by another person.
- I and each of my employees or co-workers will remove trash or debris, including any hazardous waste or materials, from the subject Property, and we will document the disposition of any hazardous waste or materials as required by Five Brothers or Wells Fargo.
- I and each of my employees or co-workers will perform the work and Service in accordance with the local, state or federal statutes or regulations or in accordance with the requirements of the Work Order for the Services performed by me, each of my employees and co-workers.
Fact of the matter is that it is starting to appear that the granular levels upon which both Wells Fargo and its Prime Vendors are continuing to apply to independent contractors no longer even requires a judicial inquiry. This latest, in a string of documentation and testimony, presents a prima facie case of violating the Employee vs Independent Contractor test which the Internal Revenue Service (IRS) applies during the auditing process. Whether or not this was Wells Faro’s intention is irrelevant as at all times they were to have command and control over their Prime Vendors by and through an auditing process. The hits just keep coming in with respect to what I believe is an criminal conspiracy amongst NAMFS Offender Members.