The National Association of Mortgage Field Services (NAMFS) has become synonymous with atrocities committed against Minority Females and Labor. Oh, you got NAMFS’d, is one of the leading ways to explain how Rowe Enterprises and NAMFS President Justis Smith allows innocent people to fall victim to her Membership at NAMFS. In fact, Smith’s quasi paramour, Eric Miller, NAMFS Executive Director, is the sterling example of precisely how corrupt NAMFS has become. Miller is paid over ONE HUNDRED AND TWENTY THOUSAND DOLLARS PER YEAR. That salary consumes over EIGHTY SEVEN PERCENT of all NAMFS member dues. And Miller was granted, WITHOUT APPROVAL OF NAMFS RANK AND FILE, Ten Thousand Dollar per year raises, for years, until Foreclosurepedia questioned the illicit pay raises.
From coast-to-coast the word has gotten out about Justis Smith and Eric Miller. It isn’t simply the Minority Females and Labor whom realize that the game is up. State and Federal Courts have begun handing down rulings. In addition, state regulatory agencies are beginning to peel back the horrifically smelling layers of the fraudulent onion which NAMFS has attempted to keep hidden over the past two decades.
How firms like Rowe Enterprises have been able to marshal out, with a straight face, demands for their misclassified employees to submit bids using rigged software like Repair Base is beyond me. I want the Foreclosurepedia Nation to think about this, for just a moment. NAMFS members DEMAND that all bids are to be submitted utilizing their own chosen software products. I am not sure whether or not it would even require a first year law student to understand that this is not a bid submitted by an independent contractor.
NAMFS members have created such a cesspool of incestuous bid rigging that when the perp walks begin I am worried that there will not be enough detention space. I mean you had Jack Jaffa, owner of the now bankrupt National Field Network (NFN) floating bids for his brother Alan Jaffa, CEO of Safeguard Properties (SGP). These fictitious straw bids were then washed by another competitor and wrung through the wringer until only pennies on the dollar remained for Minority Females and Labor to perform the work. And even after the work was performed Jack Jaffa, whom also owns Jaffa and Associates, defrauded yet another $6.8 Million by and through his refusal to pay.
What do you do? Where do you go? Safe harbor is what everyone is looking for today. A Beacon of Light Shining Through the Wilderness is what the International Association of Field Service Technicians (IAFST) stands as. I mean the real question is not whether or not you can afford to join the IAFST but whether you can afford NOT TO join the IAFST. Here’s the deal: The Mortgage Field Services Industry is at a crossroads. The days of power and control legislated from the Master Services Agreement (MSA) have come to an end. In fact, that MSA which each and every NAMFS member has rolled out now stands as an evidentiary testament which state regulators are using to bring all manner of audits into play. NAMFS response was to issue a statement directing its Membership to huddle together and figure it out amongst themselves. IAFST issued a White Paper documenting the entirety of the legal landscape and providing a roadmap to begin to set course forward as opposed to remaining stagnant. Allowing for yet more line items to be charged back in order to create a liability pool to defend with is not business — it is a funeral down payment. Moreover, though, anyone whom believes that Collective Bargaining is NOT going to come to the Blue States whom have taken up the Dynamex ruling, like a crusader’s flag, squandered their college education.
In not one, not two, but to date ELEVEN federal court bench and jury verdicts, the federal judiciary has awarded millions of dollars in damages against NAMFS members, agreeing with Foreclosurepedia. Add to that the latest onslaught of the State of California’s Employment Development Department’s (EDD) unilateral regulatory actions over the past several months handing down millions more in fines against yet more NAMFS members. None of this, though, holds a candle in the wind when compared to a ruling by the California State Supreme Court in the Dynamex ruling.
Everyone in the Mortgage Field Services Industry is well aware of the fact that NAMFS members have done everything in their collective power to skirt the law over the past several years. In 2012, Brad Hurst sued Buczek Enterprises, claiming to be an employee as opposed to being an independent contractor. Buczek Enterprises paid six figures to make the case go away; however, not before the federal court issued a scaything Opinion. Then came Fred Bowerman whom sued then Field Asset Services now Assurant Field Asset Services in federal court. The 51 page ruling which the Court handed down not only reaffirmed the Hurst Decision, it chastised Assurant in not to friendly terms. In only seven of 154 cases — the rest are still pending as Assurant forced singular cases hoping to forestall damages — the jury handed down $2.2 million in verdicts. Happening nearly simultaneously, Bennett Vinson sued then Asset Management Specialists (AMS), now owned by Mortgage Contracting Services (MCS). Seeing the writing on the wall, MCS paid millions in settlements and took a different tactic. MCS rewrote their Master Services Agreement (MSA) with language so draconian in its forbidding of any future class action litigation that many within the California legal community have questioned the constitutionality of the MSA itself.
You are with us or against us. It really is that simple. And when the rubber hits the road — remember, Foreclosurepedia has always hit the mark on predictions — the level of attrition within the ranks of Labor will be astronomical. In the same way that Foreclosurepedia outed those misclassified employees whom were terrified to speak out about Jack Jaffa and National Field Network, the herd is going to be thinned out in the remaining right to work states. Conservatively, nearly seventy percent of those working in the Industry need to be removed. I mean that. They may make great employees whom could be trained; however, in their current state, they not only do a disservice to the Clients, they dilute revenue streams for those professional Minority Females and Labor whom are truly Independent Contractors.