When Caroline Reaves, the CEO at Mortgage Contracting Services (MCS), a National Association of Mortgage Field Services (NAMFS) Member, woke up the other day, after taking it deep up the financial ass from Bennett Vinson in Bennett Vinson v. Asset Management Specialists Inc et al., she knew that her legal team had to act quick to stem the tide of Minority Females and Labor actually believing that she had fucked them over.What we are discussing is the fact that there are no Contractors in the Mortgage Field Services Industry. Federal Court rulings have made clear — 50 pages worth of clear — that Contractors are employees. In what is commonly referred to as the W2 vs W9 Litigation, several big names have paid tens of millions of dollars. They are Buczek Enterprises, Assurant Field Asset Services, and now MCS. Buczek Enterprises folded after Foreclosurepedia reported upon millions of dollars in fraud overseen by NAMFS Executive Director, Eric Miller, and during the same period of time the NAMFS Secretary, Heather Berghorst left office due to millions in fraud upon Minority Females and Labor while owner at Berghorst Enterprises. In fact, Foreclosurepedia is the first spot, on Page One of Google when you search BERGHORST ENTERPRISES. Miller refused to take any action against either NAMFS Member and Buczek Enterprises is still a NAMFS Member today!
Separating fact from fiction has always been fairly easy. Fact: NAMFS Executive Director, Eric Miller, is paid over ONE HUNDRED AND TWENTY THOUSAND DOLLARS PER YEAR. Fact: Miller’s salary consumes OVER EIGHTY ONE PERCENT of all NAMFS Member dues. Fact: The MCS Settlement is NOT a victory for Minority Females and Labor.
So, in a rush to the printing presses, with ink financed by China, MCS sent out the following to all employees — I say employees as the MCS Settlement proves there are ZERO CONTRACTORS in the INDUSTRY — today,
From: Vendorcompliance doc <Vendorcompliance.firstname.lastname@example.org>
Date: Mon, Dec 11, 2017 at 1:32 PM
Subject: Exhibit 1 Instructions
Since sending out the revised MCS Field Service Agreement on December 6th, 2017, we’ve received some questions regarding how to complete the Exhibit 1 document. To make things easier to understand and avoid any further confusion, we have created the instructional diagram below.
Please reference these instructions prior to returning the requested documents to MCS. The fully executed file returned to MCS should include initials on all pages as well as signature page executed on the “Field Service Agreement” Only.
As referenced on pg. 15 in section 17 item 6 g in the revised MCS FSA, “Contractor shall require all of its Contractor Personnel to execute a binding Arbitration Agreement containing a class action waiver including the same terms as the Arbitration Agreement attached hereto as Exhibit 1.” When adhering to this requirement, your business entity is the “Company” and your sub-contractors are the “Worker”, referenced in the Exhibit 1 agreement. Your company will retain these documents in your files for sub-contractors.
Mortgage Contracting Services, LLC.
Did you notice that new part about no Class Action participation? I am glad you did. So, for several years, I have predicted the multi million dollar payout MCS was going to have to make. It is coming on the heels of over two million dollars in jury verdicts against Assurant Field Asset Services (Assurant) in only a handful of over 100+ pending plaintiffs. And I want to dwell on that for just a moment. Even if you do NOT have a Contract with MCS, those whom do will force you to waive your Class Action rights! That means ALL Carrington work going forward and honestly, much of the work in the Industry today.
So, let’s review this for a moment. Many will remember Foreclosurepedia breaking the story about the Hurst v Buczek Enterprises case wherein Brad Hurst was paid an undisclosed settlement, “…in the six figures…” based upon his allegations that he was an Employee and not a Contractor. Thomas Duckworth, DPLO, sharpened his teeth on that case several years back. And like a typical ambulance chaser, Duckworth learned quick how to pimp out Labor.
Then, we had Fred Bowerman sue Assurant. Fred and Julia Bowerman were employed by Field Asset Services (FAS) and covered 16 counties of California for FAS beginning in 2007 and ending with their placement into inactive status in 2012. During the course of their employment by FAS, the Bowermans became enlightened to the fact that they and tens of thousands of other Contractors were getting the shaft. The shaft, though, was not just from FAS. It was from each and every Member of the National Association of Mortgage Field Services and others. Work Orders are assigned 7 days a week, 24 hours a day. The Bowerman’s and most Contractors are required to complete work orders within 72 hours of receipt. FAS and all NAMFS Members are required to follow certain protocols, participate in unpaid training, perform Background Checks at Contractor expense and follow precise NAMFS Member’s procedures without exception.
And now you have the Vinson ruling which awarded millions of dollars, by my opinion. It is different from Bowerman, though. Bowerman had the balls to go to a jury trial to make sure all Minority Females and Labor were able to benefit from the Ruling. Not Vinson. This isn’t a victory for Labor. Vinson fucked Labor far worse than a pack of scabs. In fact, because of Vinson, Labor stands to lose tens of millions of dollars, now! You see, that is why 29 December 2017 is so important to MCS. They MUST have all risk of litigation disposed of in order to maintain their current THREE HUNDRED MILLION DOLLAR LOAN which they took to buy Asset Management Specialists (AMS) several years ago. And what a whale that was! Look, Moody’s was kind in their assessment. Standard and Poor’s was blunt and cranked the heat up in their projections.
MCS AMS Sub Holdings went back to the well for capital in October, 2013. The Pacific Select Fund Holdings Floating Rate Portfolio has them in at roughly half a million additional in hock. Seven percent is a pretty damn high rate. Hell, I know crack heads here in Knoxville whom get better deals.
Security ID: 55279UAC5 Security Description: MCS AMS Sub Holdings LLC Amount: 475,000.000 Rate: 7.00 Maturity Date: 10/15/19 Market Value: 461,343.75
Remember when we just spoke about MCS demanding no more Class Action rights? Well, the lead Plaintiff, Bennett Vinson, is whom Minority Females and Labor have to thank for that. Vinson is a former AMS worker and in 2013, he reached out to Foreclosurepedia for assistance with respect to AMS refusing to pay his company monies owed. We worked with Vinson and Salim Wilson, a former AMS employee, to address his problems.
Over the years and in many discussions with Vinson, Foreclosurepedia was informed that his intentions were to proceed to trial. In fact, it was based upon this claim that we voluntarily turned over information to he and his legal team. Vinson’s current company, CD McIntosh Vinson Installations (CDMVI), actually benefited from his association with both Foreclosurepedia and the International Association of Field Service Technicians (IAFST) by and through assistance with completion of work for his Company in locations he was unable to handle. Even when CDMVI was late in paying IAFST Members, Labor stood behind him. That is why many Minority Females and Labor, today, are astounded by his slap in the face to they and the Industry.
Time and again we see that for a couple of dollars, most people will sell their soul. The Vinson v AMS et al. case proves that.
Tomorrow, we will begin to roll out precisely how bad the Vinson Settlement will be for Minority Females and Labor. And make no mistake whatsoever, it will forever change the face of the Industry for the worse. So, for those of you whom are going to have millions of dollars lost, this Christmas, thank Bennett Vinson. In full disclosure, Foreclosurepedia reached out to Bennett Vinson for comment and Vinson stated, “I have no comment.” Go figure, fuck over Minority Females and Labor and remain silent. Typical NAMFS attitude!
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