The US Department of Housing and Urban Development (HUD) is weighing their legal options under the Marketing and Management (M&M) Field Service Manager (FSM) 3.10 Contract as dawn breaks over Atlanta today. Over the weekend, Foreclosurepedia exclusively released a federal court’s SECOND ruling that all Field Service Technicians are, as a matter of law, employees. The Bowerman Decision, in Bowerman v Field Asset Services, has gone farther than any ruling to date, weighing in at fifty pages long. It is an excoriating rebuke of Eric Miller, National Association of Mortgage Field Services (NAMFS) Executive Director, and the entire Mortgage Field Services Industry, the US District Court for the Northern District of California, made very clear that the continued labelling of Field Service Technicians as 1099 Independent Contractors. The continued NAMFS narrative; the continued support of Eric Miller by and through the all white NAMFS Board of Directors and the NAMFS Government Relations Committee, clearly stands as a testament to violate federal laws clearly laid out by the Internal Revenue Service (IRS), the US Department of Labor (DoL), and the US Department of Justice.
The HUD M&M FSM 3.10 offering is at question in a way now HUD program ever has been. Beleaguered for years by complaints from minorities that HUD did not enforce payments from their prime vendors to subcontractors, as was the case in nearly $100,000 owed to L&B Management in Puerto Rico, by CWIS LLC in Colorado Springs, many are saying that it is time for Atlanta to honestly and comprehensively overhaul the HUD M&M FSM.
When we look at what DoL has to say, with respect to HUD’s decision to allow its Prime Vendors’ relationship to continue, it is deeply troubling to understand why a Cabinet Level Agency appears to be so hesitant in protecting the civil rights of Minority Females and Labor. Foreclosurepedia reached out to HUD for comment, but none was forthcoming at the time of publication.
Foreclosurepedia has been at the forefront of this battle and in the trenches with Minority Females and Labor since we first brought it to light. And while countless subcontractors on Facebook continue to support the illegal NAMFS Model due, in part, to their own unjust enrichment in the process, the reality is that many others are poised to file IRS SS-8 Determination requests. Foreclosurepedia has joined those Minority Females and Labor as we previously were misclassified as an Independent Contractor.
Filing a Form SS-8 requesting a “worker status” determination means you or the firm is asking the Service to establish if the services you provide to the firm are those of an employee or an independent contractor.
In an attempt to address the issue and to encourage companies to take a hard look at the classification of their workers, the Internal Revenue Service introduced its Voluntary Classification Settlement Program (VCSP) in 2011, and modestly liberalized it in 2012. The DOL and IRS apply an “economic realities test” to determine worker classification (see “Factors to Decide Worker Classification” at right). But the determination traditionally boils down to this: A worker is an independent contractor if you have little or no control over the way that person gets the job done. If you provide substantial day-to-day supervision, the worker is probably an employee. The U.S. Department of Labor provide[d] clarification on the definition of an independent contractor (Administrator’s Interpretation No. 2015-01).
The reality, though, is that the only hope NAMFS Members have is to either voluntarily submit to VCSP Section 530 or back the play of Eric Miller whose $122,240 per year salary — THAT IS TEN THOUSAND DOLLARS PER MONTH THAT MILLER IS PAID — and pray that Miller and his all white NAMFS Board of Directors are going to chip in for the legal fees.
Foreclosurepedia reached out to DoL’s Wage and Hour Division (WHD) in Columbia, SC, for comment with respect to the Bowerman Decision and precisely how misclassified subcontractors should proceed. As like HUD, they had no statement forthcoming. Foreclosurepedia is also pending an answer from the Internal Revenue Service whom we are requesting guidance from to orderly guide the nearly 45,000 misclassified workers in the Industry.
What Eric Miller and his all white NAMFS Board of Directors could have never predicted was the salient fact that NAMFS Members chose to create an environment wherein misclassified workers were not allowed access to the firms actually controlling the properties. This removed the Doctrine of Privity. They went further, though, in their marketing materials submitted to financial institutions such as Wells Fargo and others controlling FHA – HUD Insured assets. NAMFS Members created an environment wherein no subcontractors could lien properties or have access to the municipal, county, state, or federal judiciaries by and through jury trials. Moreover, NAMFS Members created a secret sauce of subcontractor listings which ensured that from a legal standpoint ensured subcontractors would only be beholden to they by and through non compete agreements.
One of the most telling signs that HUD may be in trouble is the little known provision of all HUD M&M FSM Contracts currently and already being bid upon. HUD 22.214.171.124 is a hidden piece of the HUD Performance Work Statement (PWS) which states that neither the Prime Vendor nor, as I interpret it, the subcontractor are allowed to work upon the same properties in both the pre and post conveyance setting. On the one hand, HUD is presenting a narrative that they are combatting fraud which looks good for people like Ben Carson, the new Secretary of HUD. On the other hand, though, it is a façade in that HUD has never, to my knowledge, enforced this provision.
One thing is for sure, going forward, Eric Miller’s days at $122,240 per year, are numbered. For nearly a decade Miller has refused to discuss the landmark Hurst v Buczek Enterprises decision. In fact, when Foreclosurepedia first spearheaded #OpNAMFS against he and his cronies, Miller’s answer was to attempt to sue Foreclosurepedia. That case never made it to court and in fact resulted in his lawyer backing down in front of First Amendment counter complaints. Heather Berghorst, the former and now disgraced NAMFS Secretary who defrauded over One Million Dollars from Minority Females and Labor, attempted the same. Her lawyer was forced from his former law firm onto the rolls of obscurity.
The rubber has hit the road, now. The threats of litigation by NAMFS and their Economic Hitmen were not successful. The financial terrorism so swiftly employed by EVERY SINGLE MEMBER OF THE NAMFS NATIONAL AND REGIONAL ORDER MILL STRUCTURE has failed. HUD even confirmed, in the case we brought, that the chargebacks by National Field Representatives (NFR) were not justified regardless of why Wells Fargo desired the money.
Labor has had enough. The men, women, and children, whose lives have been destroyed in the process of the unjust enrichment of Eric Miller and his henchmen, is now coming to an end. And all along, Google has been properly recording the record placing those NAMFS Offender Members upon Page One with respect to Foreclosurepedia Articles. And that is not going to change, ever. In fact, the emergence of a new Trade Association, the International Association of Field Service Technicians (IAFST), has been bridging the gap between Labor and Management over the past six months. And by all accounts, IAFST is poised to be on the threshold of properly addressing many of the issues which the Bowerman Decision ruled upon. Issues such as the requirement that education and certification be conducted by a neutral, third party. Issues such as how to interact and recruit qualified personnel in the field. You see, NAMFS is incapable of doing that as NOT A SINGLE NAMFS MEMBER are Field Service Technicians (FST).
You see, it is always the narrative. It is the underlying criminality of the Mortgage Field Services; the fealty of NAMFS Members as vassals to the financial institutions, which has allowed for the Industry to get where we are today. To understand the Industry, one must first understand the Crash of 2008. And to understand that Crash, you must understand Glass – Steagall. Wall Street On Parade has a great piece out today which states, in part,
The big propaganda push at the New York Times started on May 21, 2012 when the Times published an article by Andrew Ross Sorkin that had so many critical errors that it should have become an historic embarrassment to the New York Times. Instead, the New York Times simply refused to correct the multitude of errors, despite many written requests from Wall Street On Parade.
The point of Sorkin’s article was to create the narrative that the repeal of Glass-Steagall could not have prevented the financial crash in 2007-2010 because the major investment banks that failed spectacularly did not own commercial banks holding insured deposits. The problem for Sorkin was that the major investment banks he named in his article did, indeed, own insured commercial banks holding billions of dollars in insured deposits and thus could not be allowed to fail.
Eric Miller has been the sole source of information to NAMFS Rank and File for over half a decade now. And like flies to shit, Miller has been swooning those who listen to his opinions to their own detriment. Now that the big law firms like Duckworth, Peters, Lebowitz, Olivier LLP, who filed the initial winning lawsuit under Hurst; filed and won the Bowerman case; and are pending a multi-million dollar judgement against Mortgage Contracting Services (MCS) in the Vinson case, have wet their beaks, the litigation is not going to stop.
Foreclosurepedia, always a Friend of Labor, is your One Stop Shop for all things Mortgage Field Services related. In fact, our website has done nothing other than cover these and other illegal actions taken by NAMFS Members against innocent Minority Females and Labor. We also assist those firms who are attempting to navigate the uncharted waters of the Industry landscape. We have successfully consulted to NAMFS Member firms in the conversion of their enterprise based businesses to W2 workforces. And while to many this may appear to be an expensive investment, the reality is that we were able to get thousands of dollars per worker in state and federal tax credits and retraining grants to accomplish such.
Now is not the time to continue to follow the illegal advice of Eric Miller and his requests that everyone pull together and tough it out silently. In fact, while I predicated precisely what is happening nearly two years ago and I predicted it would happen in Q1 of 2017, I also predicated one of the largest collapses ever in the housing market during late Q3 of 2017.
In closing, Eric Miller, Labor has spoken. The Federal Courts have spoken. Foreclosurepedia has spoken. Veni Vidi Vici. Feel free to reach out to Foreclosurepedia today if you would like to discuss your current contracts; if you would like to gain future contracts; and always please continue to Donate to Foreclosurepedia’s No Contractor Left Behind Campaign!