Guardian Asset Management: Is Their Marriage The Right One?

This entry is part 1 of 8 in the series Wells Fargo and the Sherman Act

Aspen Grove Solutions (AGS) is in a world of proverbial shit these days. They probably would never have come to my attention except for the fact that they have lately been parading around like street urchin whores in Soho. In fact, their proverbial pimp; their sidekick, is none other than Pruvan INC. Fact of the matter is that Paul Palmer, President of Pruvan and Ed Buckley, Chief Operating Officer (COO) of AGS have been fawning over each other since early 2014.

Like a Typhoid Mary high on meth at the porn joint, Aspen Grove Solutions is spreading their special potato famine concoction across both a gullible and highly vulnerable Industry Landscape. Let me quantify this in the manner which only a trained media professional, like myself, is capable of doing.

AGS, a longtime Wells Fargo Third Party Service Provider (TPSP), has tried just about every trick in the book to convince Labor that they are the only Background Check provider which Wells Fargo accepts. In addition, Aspen Grove Solutions has blatantly lied about the fact that the Consumer Financial Protection Bureau (CFPB) has enacted regulations which demand Background Checks in the Mortgage Field Services Industry. Both Wells Fargo and CFPB deny AGS statements accordingly. In fact, AGSs Background Check provider, First Advantage, has been settling screw ups for years. Martin v First Advantage, et al., 11-CV-0335, is just yet another example. First Advantage drug their heels for nearly half a decade and then settled moments before trial. It appears, though, that both Pruvan and Aspen Grove Solutions have gone to far, this time. In ENTRE NAX KARAGE, v. FIRST ADVANTAGE CORPORATION d/b/a SAFE ADVANTAGE SERVICES d/b/a WWW.CRIMINALBACKGROUND.COM, 3:09-CV-604-M, United States District Court, N.D. Texas, Dallas Division, the Court summed it up nicely,

First Advantage does not deny as false the portion of its report stating that Karage was arrested and charged for murder in 1979. However, First Advantage argues that its statements regarding Karage’s arrests for Na’s murder were not technically false, and thus cannot constitute libel because truth is an affirmative defense to libel.

See First Advantage’s Motion at 4; Tex. Civ. Prac. Rem. Code § 73.005 (Vernon 2005) (“The truth of the statement in the publication on which an action for libel is based is a defense to the action.”); Randall’s Food Markets, Inc. v. Johnson, 891 S.W.2d 640, 646 (Tex. 1995) (holding that truth is an affirmative defense to slander).

The argument cannot stand. Even if individual statements considered in isolation are literally true, they can still convey false and defamatory messages by omitting facts. A publication as a whole may be defamatory if it creates a false impression by omitting material facts, and this determination is based on how a person of ordinary intelligence would perceive the entire statement.

A priori, there are no legal requirements to perform background checks for those within the Mortgage Field Services. While Paul Palmer and Ed Buckley continue to lie; while Pruvan and Aspen Grove Solutions continue to place Wells Fargo squarely in the sights of federal regulators by stating the Consumer Financial Protection Bureau (CFPB) has created federally mandated laws, rules and procedures demanding such, nothing could be further from the truth. I wouldn’t expect anything less from Members of the National Association of Mortgage Field Services (NAMFS).

Paul Palmer’s Pruvan released a joint press release with Ed Buckley COO of Aspen Grove Solutions stating,

Compliance with these new background check regulations from the Consumer Financial Protection Bureau (CFPB) will be possible without losing valuable time in the field.

Only problem with that is it is an outright lie. Palmer knew this, Buckley knew it, everyone including Eric Miller, the Executive Director of the National Association of Mortgage Field Services (NAMFS) knew it.

In fact, I read all 2319 pages of Dodd Frank. In pertinent part, 12 CFR Part 1026 (Regulation Z) Subpart E §1026.36(f) et seq., but @ §1026.36(f)(3)(i)(A) and perhaps §1026.36(f)(3)(i)(B) through §1026.36(f)(3)(ii)(B) are the only areas wherein Background Checks (and Credit Checks which National Field Network submits to Equifax listed as an Employee — yup, they did that to my girlfriend awhile back) are even discussed.

Foreclosurepedia reached out and spoke with CFPB Thursday pertaining to the piecemeal, undeveloped and self conflicting statements Palmer and his Mick buddy Buckley are trying to screw Americans with. CFPB stated they were not aware of any, “..law, rule or regulation which applies to the Mortgage Field Services sector … [.]” They strongly encouraged the filing of Complaints. Foreclosurepedia will have Boilerplate Complaints available in our Industry Downloads Section later this weekend, free of charge. I mean, after all, here is a $10 Million +/- annual scheme being executed in the name of Pruvan and Aspen Grove Solutions. Wells Fargo wasn’t stupid enough to get anywhere near using language like that.

Let me be very clear here: I have no fucking respect for either of these low life pieces of shit. To attempt to use fear mongering to profit; to extort money in a manner pretending to  operate under the color of federal law is nothing more glamorous than a cheap advertising ploy.

I want to be very clear here: I do not have a problem with Background Checks which occur in the appropriate setting and are compliant with the US Equal Employment Opportunity Commission (EEOC). EEOC, though, is having problems with Background Checks as a whole and have cautioned about even applying the Dodd – Frank Regulation Z aspects without extreme oversight. They recently laid waste to both Dollar General and BMW for racial disparity in application of the Background Check process. Regardless of the rulings which cleared both firms, the reality is that the US Government cost both firms a fair piece of change. With respect to using Background Checks as a screening device, which is precisely what NAMFS Offender Members are doing.

The benchmark for judging the veracity of a product is its transparency. There is ZERO TRANSPARENCY with respect to Aspen Grove Solutions. AGS refuses to release ANY DATA pertaining to pass/fail in the Industry. On this point alone, it is impossible for any oversight let alone the simple ability to determine whether or not their system even works! We take AGS on their word alone and we have already documented that they cannot be trusted.

IF this was the entire story, it would be fairly simple to handle: Force Aspen Grove Solutions to transmit an offer of full refunds to both former and current consumers; retract their fraudulent Press Release and make a public apology. With respect to Pruvan, simply retract their statement, transmit such to all former and current consumers and issue a public apology. It is never that simple, though, when Eric Miller dips his beak into the pie.

Next, we visit the origins of precisely how Eric Miller, Deanna Alfredo and Jim Taylor sat down with Barry Moylan of Aspen Grove Solutions to create one of the most ingenious yet insidious schemes in the history of the Mortgage Field Services Industry! A scheme which only targeted Labor and spared Management. That scheme finally got a name in August, 2013. Stay tuned and Donate TODAY!

 

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