David Spillers is a Contractor much like you and I; David goes to work, cuts grass, removes debris and generally receives a check for his services. Spillers, owner of S & S Landscaping and Construction, is based out of Hot Springs, AR. The problem Spillers encountered was that Mid Ohio Field Services (Mid Ohio) was not paying him according to Spillers. Initially, Spillers reached out for help to his local ABC News Affiliate KATV Channel 7. Many are familiar with his Interview by ABC News Investigative Reporter Jason Pederson.
Spillers reached out to Foreclosurepedia, after a referral and reading our Website, and we agreed to sit down and take a closer look. Part of the Investigation lead us down roads which truly even opened OUR eyes!
“He [Pederson] was a good guy,” Spillers said. “The problem is that Mid Ohio just won’t speak to anyone me included!” I know the frustration. Many of you here know my personal battles with PPMS; how the National and Regional Order Mills hired these wanted felons whom refused to pay us and a large percentage of targeted African American females in the South East. As a direct result of that Article, some — not all and damn sure not enough — Order Mills are cleaning up their act.
We reached out to Pederson and had an off air discussion with him. Reporter to reporter, I wanted to determine whether or not Spillers was credible. I stated I was not implying Pederson had not performed due diligence; what I was after was more the intimations of Spillers’ tone of voice and whether or not the information collected had been corroborated. I grew homesick, actually, as I am a Mid West Native myself. 😉 Pederson stated that the only thing which had stood out was that Spillers stated he was going to file a class action lawsuit and to date, Pederson had not been able to confirm that. We will break that portion of the story on Foreclosurepedia tonight!
In a nutshell, Spillers’ claims are that Mid Ohio owed him for multiple work orders. During the course of his requests for payment, Spillers says that Mid Ohio, of their own accord, placed him into an inactive status. As a direct result of this status a bid which he had submitted prior was back billed against him. The amounts of this back bill were then removed against payments owed upon DISTINCTLY SEPARATE properties.
The story would not normally be all that intriguing. I personally maintain thousands of cases on the ISTAR Database; hundreds of hours of recording between Contractors and Order Mill owners and staff which have been forwarded, etc. What stood out on this story was the fact that several components came into play which had not, to date.
One of Spillers’ issues was the fact that Property Preservation Wizard (PPW) controlled all of the data Spillers had uploaded to Mid Ohio. Spillers was, in essence, held hostage to the fact that Mid Ohio shut down his access to his photos, work order numbers and invoices. Spillers reached out to Mid Ohio for access to obtain a final accounting and in one of the few times they replied, Mid Ohio stated,
From: Anacris Quezada <email@example.com>
Date: August 8, 2013, 1:14:20 PM CDT
There will be no access to PPW. PPW is Mid Ohio’s system, you’ll need to use your own system to track your orders. All users/accounts are paid by Mid Ohio and accounts are only kept active for working subcontractors. We have provided you a list of all remaining orders that are pending client payment and we will release the balance as payment is received.
So, we were interested in what PPWs position was on this and emailed them last week. To date, they have refused to reply. PPW is an interesting Company. They, as most Order Mills under the negative spotlight, are Members of the National Association of Mortgage Field Services (NAMFS). We went ahead and began dissecting PPW in the same manner done in botched Intelligence Operations; a post mortem if you will. Mid Ohio’s position is that they determine whom plays and whom does not in their sandbox. The delicate problem; the paradox if you will, is that Spillers was an INDEPENDENT CONTRACTOR NOT AN EMPLOYEE. So, why is this important? Take a look at PPWs Terms of Service/End User License Agreement (Agreement),
5) PROPRIETARY RIGHTS.
b). Customer Restrictions. Customer may not (i) sell, resell, rent or lease the Service; […]
Either Spillers is an employee and has legal access to PPW or Spillers is an Independent Contractor and the Customer, Mid Ohio, is reselling access to PPW. Regardless, in my opinion, Spillers has a vested interest in his Work Product. Mid Ohio did NOT purchase his Work Product; they purchased his Services which were verified via photographic evidence. Pawn to Queen 1 Check. Now, depending which way NAMFS, Mid Ohio, other Order Mills and PPW want to go, this could become quite the cluster fuck in a real world setting with a Diversity of Jurisdiction filing in US District Courts all over the United States. Regardless, it is obtainable under the Process of Discovery and if the material(s) have been deleted, it will raise more than a few eye brows. I digress; let me run the next interesting facet by you.
During the course of Mid Ohio’s recalcitrant behavior; I cannot say if they are right or wrong as Spillers currently has retained Counsel for that (oh, that’s the part you didn’t know isn’t it?!), Spillers reached out to Wells Fargo. In essence, Spillers told Foreclosurepedia that the below quoted letter was sent to Wells Fargo, specifically to Andrew D. Hohensee and the Board of Directors, due to the fact that Mid Ohio was Outsourcing Work Product; Confidential Work Product that remember Spillers would appear to have a vested interest in, to Foreign Nations.
I am a former Mid Ohio contractor, concerned about unethical and poor business practices. Its my understanding that Wells Fargo distributes Property Preservation Work Orders to Corelogic and Mid Ohio Field services. It has also come to my attention that Mid Ohio is outsourcing to Bangladesh! Numerous processors are working under the name of “marc dominic”, for very little pay and around the clock. Wells Fargo has employed numerous people across the nation, and are looked upon as a well thought of corporation. The unemployment rate in America is extremely high and we certainly don’t need companies like this outsourcing Americas work. Mid Ohio has lost contractors and clients from alleged “unethical practices”. Two of my family members have Wells Fargo loans, because they were impressed with the overall business practices and ethical treatment of its consumers. Please don’t allow this “outsourcing” to destroy American jobs and tarnish your business tendencies. I also, have other matters pending with Mid Ohio, that will most likely be determined in court! After repeated attempts to contact Mid Ohio, their has been no response, from their manager Anacris Quezada! This company has dodged numerous attempts for contact, and has “no comment”. However, on the bright side, my attorney will be in touch regarding a few matters concerning payroll, intent to deceive and fraudulent activity. I hope this email has shed some light on a very serious issue concerning Americans and hard working people. Hopefully, you or someone on staff can address this promptly, thank you and god bless!
Wells Fargo replied,
The Board Communications mailbox has received your correspondence. Your correspondence will be handled in accordance with Wells Fargo’s policy and procedures regarding communications with the Board of Directors of Wells Fargo & Company, which include the discretion to determine if a response is appropriate. You can review a copy of the Board’s “Policy Regarding Communications with the Board of Directors of Wells Fargo & Company” on Wells Fargo’s website, […]
We decided to check the Wall of Shame — THIS IS THE TITLE THE CITY OF AUBURN — USES NOT ME — on Andy and it turns out is a frequent inductee. Below is one entry,
Site Address: 129 11th St. SE Mortgage Holder: Wells Fargo Phone Number: 414-214-4383 Email Address: Andrew.firstname.lastname@example.org Property Preservation Company: None Listed Phone Number: None Listed Email Address: None Listed Case Opened: 12/3/2010
We reached out to Andy because what Spillers stated next was a bombshell if true. “Wells Fargo threatened to pull Mid Ohio’s work if they continued to outsource the photos.” To date, Andy has not replied nor has Wells Fargo.
We broke a Story on here last week dealing with the fact that Wells Fargo is pushing the Agenda at the recent and private NAMFS Gathering pertaining to Background Checks. Jim Taylor was pretty hands on in the Meeting and this comes from two well placed Sources. Aspen Grove would appear to be a foreign national firm if it plays out as correct which would either: a) Contradict Spillers’ statements; b) Contradict Wells Fargo’s position about outsourcing; or c) it may all be immaterial and incorrect.
We have obviously sent out emails to Aspen Grove, NAMFS and several others and have not received any comments, to date. We will post accordingly should any come through.
We spoke with Spillers earlier today and were informed, “They [Mid Ohio] are going to cut me two $600 checks so that’s a start. They are still going to back bill me on other stuff which is bullshit. I finally got my attorney involved.” We asked Spillers to be our Guest on our Sunday Podcast and are hopeful that he will have time — I feel pretty confident. How about you?
In closing, what we have here is a failure to communicate. I currently have about 30+ emails to Mid Ohio from Spillers with only 4 or 5 replies. Is Mid Ohio in the wrong? I cannot make that determination as I do not have the ability to speak with them. It is much like the Southeastern Asset Services (SAS or SEAS depending on what day it is) situations which are boiling over as I type this.
There are a ton of Complaints on the Internet, including Topix which is odd, pertaining to Mid Ohio. We have an extensive file on them in ISTAR; we will neither confirm nor deny whether or not the dossier contains negative information as a Contractor should formulate their own opinion after performing due diligence in research.
At the end of the day the business as usual philosophy is not panning out as expected for ANY of the Order Mills. Foreclosurepedia made a promise to its Subscribers when we began that the Order Mills can run, but they cannot hide. When we find Companies whom play by the rules like ASONS and Inspection Experts, we publish on them. It would make far more sense to me, especially in a constricting environment, to get on the bus instead of under the bus.
By the way, Spillers finally retained Counsel,
To whom it may concern,
This letter is to inform you that David Spillers of S&S Landscaping has retained my counsel regarding the payment that you owe him. Mr. Spillers last work completed for Mid Ohio Field Services was in mid June, and he has not received the several thousand dollars in back payment still owed to him. This letter is to notify that should Mid Ohio Field Services fail to erase their debt to Mr. Spillers, then he will pursue all legal avenues open to him.
Please direct all future correspondence to this law firm, specifically Ryan Lazenby at the Lazenby Law Firm.
Lazenby Law Firm, PLLC