National Association of Mortgage Field Services (NAMFS) Regime Members are apparently bracing for an enormous tsunami of legal actions with respect to the latest federal ruling upon the misclassification of contractors and wage theft. First, we had the Hurst v Buczek Enterprises decision which Eric Miller, the NAMFS Executive Director, refused to advise his Membership upon in 2012. Just two weeks ago the federal courts ruled again admonishing Assurant Field Asset Services in the Bowerman v Field Asset Services case. So upset was the US District Court Judge, the Honorable William Orrick, that he issued an unprecedented Fifty Page Ruling chastising NAMFS Member Assurant Field Asset Services and their lawyers. In the Vinson v AMS – MCS case, we are anticipating a far more reaching decision.
What we also now know is that the State of California has been reaching out to people whom they say Field Asset Services owes monies to. Specifically, the letters originate from Betty T Yee, California State Controller, Unclaimed Property Division. With respect to whom owes the monies, the letters state: FIELD ASSET SERVICES LLC, NEHA TAKHTANI, 260 INTERSTATE NORTH CIRCLE SE, ATTN: ESCHEAT TEAM, ATLANTA, GA. We reached out to Field Asset Services for comment today and none was forthcoming.
Escheatment is the process of turning over “unclaimed or abandoned property” such as safe deposit boxes, savings accounts, stocks, and un-cashed payroll checks to the State. Every state has an “escheatment” or unclaimed property law that requires businesses to hand over these abandoned financial assets to the government.
Now, there are all kinds of reasons why Assurant, whom now owns Field Asset Services, may or may not reach out or the State of California reach out for monies owed to Labor. One reason, though, is the little known fact that Assurant Field Asset Services (AFAS) chose to send out virtually their entire vendor and real estate contact lists with names, addresses, dates of birth, key codes — you get the point. They sent it not once, not twice, but THREE TIMES! At the time Jason Rosenberg, a Partner at Alston & Bird and then retained by AFAS, swore upon the lives of first born in Atlanta that AFAS had addressed their problem and that Minority Females and Labor would not be injured. The Contractors I spoke with stated Assurant had NEVER informed them that their information had been breached.
Let’s roll the dice, though, and say that the California State Controller is calling the shots. In 2014, the then Controller, John Chiang, was well under way with Operation Pay Up. Generation Progress had this to say about it,
Thanks to a forgotten 55 year-old statute, the California State Controller and the state Labor Commissioner are identifying wage theft, prosecuting offending employers, and returning lost wages to the workers who earned them. Under the California Unclaimed Property Law, lost wages become payable to the state after one year, where they can be claimed by the employees who earned them. This law gives the state the authority to directly fight wage theft.
Since entering office in 2007, California State Controller John Chiang has used the law to target Fresno Protein Processors, Elk Grove Ford, All American Pet Company, and Spirit Airport Services. Chiang’s plan, commonly known as “Operation Pay Up,” has shown no signs of slowing down. Back wages collected through this program has ranged from $50,000 to $850,000, representing the lost earnings of hundreds of low-wage workers. Businesses that refuse to pay lost wages to the State Controller’s office within 10 days can be fined up to $50,000 with high interest fees.
“We’re using a 55-year-old statute to compel immediate payment from unscrupulous businesses that have fleeced their employees of earned wages for years,” Chiang said at a news conference in Fresno. “These exploited workers often face retaliation from their employers when attempting recovery of wages and, too often, still wind up with nothing after a difficult and lengthy legal process to prove their claim.”
Today, Foreclosurepedia spoke with Assurant’s ESCHEAT Team whom are based overseas. Phenomenal example of why it should be illegal to use overseas workers. With only the name of the former AFAS Contractor and advising that I was the Editor-in-Chief of Foreclosurepedia, I was able to have a report run; notified that the former Contractor will receive three checks which have been mailed to he; and finally the amounts of those checks. Madness. Not to mention that it violated federal and state laws. Gotta wonder if the lady I spoke with at 408-524-9200 had an Aspen Grove Solutions (AGS) background check ran on her. I ask as English was a second language for her and one would think that Eric Miller and AGS demands Compliance on everyone — right?!
This is the State of the Industry. Inordinate demands by Eric Miller, NAMFS Executive Director, upon Minority Females and Labor to release their Social Security Numbers, Dates of Birth, and physical signatures to the very same people whom will gladly pass that confidential information out to anyone whom asks. Miller and his ALL WHITE Board of Directors have long had it out for Minority Females and Labor and reinforced that with their support of the Do Not Use lists circulated amongst its Membership with ties directly to Patricia E McTaggart of Altisource. McTaggart, for years, has had access to; implemented; and overseen the Altisource Do Not Use list. Altisource has forced the conformance of denying work to Minority Females and Labor by and through a plethora of incentives and disincentives to ensure that these honest and hard working US Citizens continue to have their civil rights violated.
Things are tightening up for everyone. In fact, the Federal Open Market Committee (FOMC), a Committee within the Federal Reserve charged with overseeing the Nation’s open markets, has been discussing plans to offload its $4.5 Trillion on its balance sheets. The Fed amassed most of the bonds it owns during three rounds of “quantitative easing,” a monthly bond-buying program aimed at juicing the economy following the financial crisis. The securities are mostly Treasurys and mortgage-backed securities. It has been reinvesting the proceeds from those bonds and rolling them over rather than shrink the balance sheet. Lately, though, the Fed has been hiking the interest rate and with talks of several more hikes and the offloading of both the balance sheet and ceasing its reinvestment strategy beginning by Q3 of this year, many, including myself, believe that it does not bode well.
The fact of the matter is that while Altisource continues to pioneer ways to defraud honest and hard working Minority Females and Labor; while that campaign to violate civil rights continues to be spearheaded by Patricia E McTaggart, nothing is going to change. Eric Miller has a lot on his plate. Miller is still reeling from the exposé we ran on his keeping secret the insurance fraud being committed by his NAMFS Associate Member Vicki Boser. We know that Reginald Daniel, Birdsey Group — the very same Birdsey Group that has been defrauding Labor throughout the Southeast on Altisource work — has been highly supportive of Boser and her fraud. We know that Birdsey Group maintains a Do Not Use list which is also, part and parcel, in conjunction with Altisource’s Do Not Use list. And finally we now know that Eric Miller has direct knowledge of the Do Not Use list and FULLY SUPPORTS such by and through his acquiescence.