Remember Form 13909. You will want it when you are done reading this! The National Association of Mortgage Field Services (NAMFS) is a Non Profit Business Association (NPBA) as defined by the Internal Revenue Service (IRS) Internal Revenue Code (IRC) 501(c)(6). From what I am reading on forums and social media across the Internet by NAMFS Members, they are sounding more and more like a Union these days. Even the Clients I work with whom are NAMFS Members are becoming disillusioned with the elitist attitude of the Board of Directors.
I took the time to explain to one of my Client’s that she recently came within a hair’s width of squaring off against me in Court. She asked why and I explained that Eric Miller and the NAMFS Board of Directors hired a law firm with 30+ lawyers to threaten and intimidate me. Little did they know I was willing to go to the Brink. As NAMFS’ allegation was that my article might have motivated a Contractor to attack a NAMFS Member, the pertinent portion of my Defense would have included Motions For Discovery upon each and every NAMFS Member. No two ways around the fact that while the National Order Mills have dedicated Legal Departments, most Regional Order Mills and simple NAMFS Members do not. As I would have been a pro se litigant; this capacity allows for the WIDEST of latitude, cranking out Interrogatories, Demands for Depositions and the tens of thousands of pages would have been required to be presented AT NAMFS MEMBER’S EXPENSE (NAMFS COULD NOT HAVE FOOTED THE BILL) which could have bankrupted a good THIRD of NAMFS’ Membership by my stats.
Did I forget to mention that NAMFS’ Executive Director, Eric Miller is still a Member of a LinkedIn Group which calls for the “…murder of executives…” and having their bodies dumped in the bottom of the ocean? Yeah, he and his lawyer never felt this was serious; they only felt my calling for Contractors to pursue tactics utilized by bill collectors was serious. Do not forget NAMFS Members that these Actions happened WITHOUT your consent and theoretically jeopardized your Companies!!!
One would think that NAMFS would get a clue. Being a NPBA 501(c)(6) does not give license to begin attacking members of the media. Even more on point, for NAMFS to pursue not only their assault upon me personally, but to do such in light of the recent scrutiny placed upon the IRS to have a Come To Jesus Moment in the application of auditing across the board is not wise. It strikes me that the NAMFS Board of Directors is rather out of control these days. I will both clarify and quantify this statement as I go on lest Miller and his Writ happy minion get eager.
I have been investigating NAMFS for quite some time now. Many will recall my comments on their IRS Form 990s which broke down what I considered to be an obscene pay raise for the Executive Director of well over $60,000+ for ten hours a week in work. As a matter of fact, many of the NAMFS’ Board of Directors are now on the dole. We had attempted to speak with Eric Miller awhile back, at his request, but I suppose he got cold feet as he has refused such an interview to date. Not surprising really.
Our focus today, though, is with respect to the increasingly larger role NAMFS is attempting to exert upon both NAMFS Members and more specifically NON MEMBERS. As a matter of fact, NAMFS recently reached out to the ONLY insurance providers allowed to provide insurance within this Industry. We actually have an interview scheduled tomorrow with Michelle Hirsch, the Vice President of Brunswick Companies. You may remember Ms. Hirsch from our Foreclosurepedia YouTube Channel Interview of her with respect to the latest Errors and Omissions (E&O) requirements and our pointed questioning about rebating.
In essence, NAMFS had reached out to the Insurance Industry (remember there are only a COUPLE of Companies on EARTH whom are able to provide Property Preservation Insurance according to Safeguard Properties and others) in an attempt to get these Insurance Providers to hustle their Certification Program. In essence and this comes from NAMFS Members and the NAMFS itself (See quote below) NAMFS wanted the Insurance Industry to consider insuring folks whom had completed their Certification Program or, in the alternative, give a discount if you had the Insurance. First, remember that NAMFS is a NPBA 501(c)(6). Now, also remember that these tests roll out at a HUNDRED BUCKS PLUS!!! Did I forget to mention there is absolutely no accreditation; no class room instructions; no physical proctoring and FINALLY you have to retest each and every YEAR!!! Now, this comes pretty damn close to being a for profit business enterprise, if you ask me, as these tests are available to NON MEMBERS! Wait, let Eric tell it to you in the words of NAMFS:
I have spoken with the Officers and here is NAMFS response to the allegation:
NAMFS is not engaged in forcing certification through member Insurance Companies. NAMFS has spoken with member insurance companies about the industry in general and the large number of claims they are experiencing. The Association also discussed with these companies the possibility of some benefit for those that are certified. That said, none of the companies have agreed to any such benefit. Please feel free to contact any of the aforementioned member insurance companies for confirmation.
There was an interesting carbon copy (cc) on this. Pat Kramer over at Black, McClusky, Souers and Arbaugh (BMSA). Sound familiar? They should. Remember the threats mentioned above? Yeah, Eric and NAMFS’ lawyer Ryan Kuchmaner the 29 year old without the ABA Card whom came at us last week? One in the same. The only difference is that they are spinning through the 30+ lawyers now. Sad, really. A Non Profit Business Association finds the need to continue to involve lawyer after lawyer after lawyer when it comes to dealing with a Contractor whom lives in a County with only ONE stoplight. On a side note, if I was a NAMFS Member I might begin to ask precisely HOW MUCH of my dues are now being streamed over to BMSA. You know, I cannot remember a time — other than currently at the White House where they are subpoenaing reporter’s phone records — when lawyers needed to be involved in answering questions to members of the media!
Rebating is a problem that I am gravely concerned about. The reality, which we will break down over the weekend, is that NAMFS is scared. Never in the history of the Property Preservation Industry (PPI) have so many lawyers become involved in a Contractor’s questions. Traction. That is the ultimate fear. NAMFS and I opine ultimately the PPIs Banker Clients are extremely concerned that the US Government will begin to bring unwanted attention to this still unregulated Industry. The reality is that no one is at the helm. We have an Industry careening off the tracks; the problem is that it is a bottomless cliff it is plunging into. This abyss that we are rapidly heading towards is going to open up all kinds of closets which will have skeletons tumbling out.
We broke the story on here about PPMS being hired by NAMFS Members and defrauding Contractors. What made it even worse, as this is becoming a daily event it seems, is that the CEO Jason Mathis had a criminal record. The COO Brandon Lambert not only had a felony criminal record, HE WAS WANTED! Further, even after NAMFS Members had to pay Foreclosurepedia out of their own pockets, the Huffington Post tracked Mathis down and found him spinning up yet ANOTHER Company!
What was the end result? A horrific knee jerk reaction to demand that Contractors — NOT THE DAMN ORDER MILLS — pay for their own background checks! You know, why not accept the US Government’s own SAM Account Registration? Does the PPI feel it is so far beyond the scope of the US Government that they are allowed to herd the Contractors into yet more money spending forays? I don’t know. I just really do not know anymore.
We preemptively reached out to Miller’s presumed lawyer over at BMSA. I anticipate yet another round of scathying, First Amendment chilling demands. Lodestar fees used to be around $250 per hour. So, if Pat is billing NAMFS Members may be asked to pony up some more funds — maybe it will be pro bono. The shock would be if BMSA, with its 90+ year prestigious heritage decided that the First Amendment was really something that was still legal in the United States. I will advise either way.
You know, at least the United States Department of Housing and Urban Development (HUD) are trying to get their shit together. It seems every day I see something new and encouraging going on over in the M&M Section!
Finally, we are putting together the Crown Jewel of Articles which, when juxtaposed, will have to get the Vice President of the United States Joe “Uncle Joe” Biden’s attention. We have forever felt that the National, Regional and Otherwise Unspecified Order Mills have always been trespassing upon the employee vs independent contractor relationship by issuing 1099s. Uncle Joe — and I want to be REAL CLEAR here I really like Biden and always have even though I am a Conservative — is taking a personal interest in the matter.
The Department’s Misclassification Initiative, launched under the auspices of Vice President Biden’s Middle Class Task Force, is making great strides in combating this pervasive issue and to restoring these rights to those denied them. In September 2011, Secretary of Labor Hilda L. Solis announced a major step forward with the signing of a Memorandum of Understanding (MOU) between the Department and the Internal Revenue Service (IRS). Under this agreement, the agencies will work together and share information to reduce the incidence of misclassification of employees, to help reduce the tax gap, and to improve compliance with federal labor laws.
Let’s not bullshit around here folks. The Industry is now forcing you to participate in NAMFS Certification for some jobs. So, the manner in which you do your work is controlled. The timing of your work is controlled. The location of your work is controlled. Finally, how you transmit the results of that work is not only controlled, but you are now being forced to install THIRD PARTY APPLICATIONS upon your phones with no protection against damage. When you couple this with the fact that a demand for social security numbers as opposed to DUNS, EIN/TIN or SAM Verification you cross the threshold from independent contractor to employee. PK Management got slammed for this a couple of years ago when they misclassified workers. Why is this big? Well, Obamacare MUST be funded. The reality is that BILLIONS of dollars within the Industry are going out the door without taxation. Make no mistake when I say the IRS and Uncle Joe are going to come a calling! I have spoken with several Contractors and Regionals whom have already been audited!!!!
Finally, remember Form 13909? Well, as a Public Service I have made this IRS Tax-Exempt Organization Complaint Form available. Now, if you feel you have a legitimate Complaint with NAMFS you may view it and file it. Did I forget to mention you may be entitled to a Reward?! Ah, yes. My fault there. The IRS feels compelled to monetarily reward US Citizens whom come forward with LEGITIMATE Complaints. I emphasize that as I would NEVER want any unfair Complaints leveled against NAMFS. While I may not understand their need to involve lawyers at EVERY OPPORTUNITY with respect to me, it is their right as a Non Profit. If you forget to Bookmark this Article, I will be reporting over the weekend on my Interview with Ms. Hirsch with respect to precisely what NAMFS requested Brunswick Companies to do in regards to incorporating NAMFS’ Certification Program.