Tennessee figured out in 2005 that Lien Waivers were only calculated to defraud Contractors and Sub Contractors. Our then Governor signed it into law. Thanks to the efforts of American Subcontractors Association (ASA) members in Tennessee, construction contractors and subcontractors no longer can be contractually required to relinquish their mechanic’s lien rights. After ASA members called for reform, on May 19, Gov. Phil Bredesen (D) signed H.B. 743, amending Section 66-11-124 of the Tennessee Code to state that “Any contract provision that purports to waive any right of lien under this chapter is void and unenforceable as against the public policy of this state.”
“The importance of the legislation,” said ASA of Middle Tennessee Government Relations Chairman Robert E. Lee, “is that, by state law, subcontractors can’t lose their rights to file mechanic’s liens just by agreeing to take on work. Tennessee subcontractors wanted to put an end to that abusive practice, which totally denied them their rights.Legislators agreed that contractors and subcontractors were being manipulated out of the security that mechanic’s liens provide. [Emphasis added by Editor]”
The question that remains is why does the Mortgage Field Services Industry and more on point, Members of the National Association of Mortgage Field Services (NAMFS), go directly against Tennessee State Law? I believe that as I begin to break down each and every State’s law on Lien Waivers, these are going to become some material points of issue to bring up to the State Attorneys General in each State wherein these National, Regional and Otherwise Unspecified Order Mills wish to continue to legally conduct business.
In fact, NAMFS Executive Director, Eric Miller, actually has AN INCENTIVE to keep those illegal waivers in place. Miller is paid OVER ONE HUNDRED AND TWENTY THOUSAND DOLLARS PER YEAR WHICH CONSUMES OVER SEVENTY PERCENT OF ALL NAMFS MEMBER DUES. Time and again, Miller has protected high ranking NAMFS Board Members such as Heather Berghorst from claims against her for refusing to pay African American and Minority Females, amongst others, whom were defrauded out of well over ONE MILLION DOLLARS. Berghorst, whom served on the NAMFS Board and served as the NAMFS Secretary, remained as such until her bankruptcy.
When confronted with Tennessee Law by Foreclosurepedia pertaining to his Trade Association’s purposeful inclusion of illegal law in NAMFS Member Contracts with Minorities, Miller refused to do anything. In fact, Miller’s actions rank much like the cold, callous point-of-view taken with respect to Freddie Gray’s murder and recent acquittal of all law enforcement. #BlackLivesMatter too Mr Miller!
Terrorism is terrorism even if applied as a financial condition. If you are in agreement with Foreclosurepedia, why not reach out to Eric Miller, Executive Director of the National Association of Mortgage Field Services and tell him to stop the fraud against African Americans by white NAMFS Members!
