FLASH TRAFFIC ALERT: Assurant Field Asset Services (AFAS), a National Association of Mortgage Field Services (NAMFS) Regime Member has a dirty, little secret they don’t want Contractors to know. That secret is that AFAS wants Contractors to waive their Constitutional Rights to Jury Trial. We reported upon the fact that AFAS was cramming their new Master Services Agreement (MSA) down Contractor’s throats with a sledge hammer. Yet again, we see NAMFS Regime Members entering into precalculated positions against Contractors! I mean why else attempt to force Contractors to Waive their Constitutional Rights for Arbitration?! This needs to END NOW! Eric Miller and his ilk belong in prison serving inordinately long sentences!
AFAS obviously has new Counsel compliments of their Assurant Gang; new Counsel whom is familiar with the nuances of how to screw people with a smile. Here is how it rolls out. AFAS is demanding not only that Contractors ESign the Contracts, but if you want to opt out of the Waiver of Constitutional Rights, Contractors MUST SEND SUCH IN WRITING VIA US MAIL IN TWENTY ONE DAYS!
US Citizens have the Constitutionally Guaranteed Right to a Trial By Jury of Their Peers. This right is present in both criminal and civil proceedings and whether you are the Plaintiff/Petitioner or the Defendant/Respondent. What AFAS is attempting to do is ensure that neither Contractors nor any State Attorney General is capable of bringing Action against them in front of a jury. Further, ANY CONTRACTOR WHOM AGREES TO THIS AND DOES NOT OPT OUT is precluded from any Class Action Litigation.
There are many law firms, right now, whom are watching to see whether or not AFAS will penalize Contractors for Opting Out. They are ready and willing to litigate should this happen. You, the Contractor, must opt out though. More on point, why would any Contractor Waive Constitutional Rights to simply work?!
A employment law lawyer, speaking on condition of anonymity stated that this was obviously an attempt to end game litigation in any form other than arbitration. I concur. Look, folks, Assurant is an insurance Company. While AFAS may have some sympathetic to Contractors, they are not going to be there when you are not paid. Accordingly, Foreclosurepedia is Issuing an IMMEDIATE ALERT TO CONTRACTORS with respect to the MSA forced upon AFAS Contractors. We advise that everyone opt out and mail such via US Certified Mail to AFAS. If anyone looses work for this, CONTACT ME IMMEDIATELY and I will refer you to Counsel.
