The National Association of Mortgage Field Services (NAMFS) Regime may be in the biggest trick bag of all time. As Wells Fargo, the backer of the Aspen Grove Solutions iReport, rolls out their justification of Background Checks it would appear that the unholy financial juggernaut Eric Miller and his NAMFS Regime Board desires to serve could backfire. I mean what is good for the goose is good for the gander as you will soon find out!
Wells Fargo and presumably other Financial Institutions along with Portfolio Holders and Banksters run with the theory that the Truth In Lending Act (TILA) mandates all Mortgage Field Services Contractors must be Background Checked. Now, before we delve into this, the irony is that on the one hand Wells Fargo and conceivably all NAMFS Regime Members state there is ABSOLUTELY NO DOCTRINE OF PRIVITY between Contractors and the Work Order Originators. True irony.
So, Wells Fargo publishes on their website their justification of Background Checks,
As a financial institution, Wells Fargo is subject to many federal, state and local laws and regulations. Wells Fargo must check its own personnel, as well as the personnel from its Third Party Service Providers (each a TPSP) providing certain services, as one part of these many legal and regulatory obligations. In addition, Wells Fargo is obligated by various laws to take reasonable steps to ensure the Wells Fargo workplace is free from violence and harassment for its employees and visitors, which also requires background checks when there is significant TPSP on-site presence at Wells Fargo facilities. It is important for Wells Fargo to ensure that if a TPSP has face to face interaction with Wells Fargo customers, those interactions are similarly free from crime or violence.
Wells Fargo, on their website, goes on to describe whether or not a Background Check is always necessary,
No. It is only required for TPSP personnel where Wells Fargo reasonably anticipates that the TPSP’s scope of services will require them to have any of the access described below:
- Unsupervised access within a Wells Fargo secured facility (i.e., past the security checkpoint or in non-public areas)
- Face-to-face interaction with Wells Fargo customers
- Access to Confidential or Restricted Wells Fargo information from any location
- Access to Wells Fargo networks, information systems, databases or applications in a manner that would permit modification
Wells Fargo then discusses on their website, the narrow scope of what criminal offenses which would prevent a Contractor from working for Wells Fargo as a TPSP,
When an individual will have access to our Restricted or Confidential Information (including in the course of having unsupervised access within our secure facilities where the individual has reasonable opportunity to view or obtain such data), or will have access to our networks, information systems, databases or applications in a manner that would permit modification, then the check must search for crimes in the following categories:
- Dishonesty – A crime where a person acts directly or indirectly to cheat or defraud for monetary gain or wrongfully takes property that belongs to someone else. “Dishonesty” also includes acts involving lack of integrity or intent to distort, cheat or act deceitfully or fraudulently.
- Breach of Trust – When a person who has been entrusted with the money or property of another uses or takes that money or property for his or her own gain.
Please note: The Dishonesty Check must search for both convictions and pre-trial diversions (for example, a suspension or dismissal of charges in exchange for rehabilitation, restitution or other non-criminal alternatives).
When an individual will have unsupervised access within our secure facilities to perform services for Wells Fargo, or will have face-to-face interaction with Wells Fargo customers then the criminal background check must search for certain crimes involving violence or harassment.
Interestingly, before we delve into the legal requirements which Wells Fargo and the rest of the banksters are attempting to shovel down Contractor’s throats, it would appear the the National Association of Mortgage Field Serivces (NAMFS) Regime has violated the law under the standards which they and the Banksters are attempting to apply against Contractors. On 15 February 2013, the Consumer Financial Protection Bureau (CFPB) enacted the Loan Originator Compensation Requirements Under the Truth in Lending Act (Regulation Z). It would appear that this is the principal and predominate legal basis for which all parties make the outlandish requirements for Contractors to be Background Checked and to have Credit Checks run — at Contractor’s expense and at over a ONE THOUSAND PERCENT HIKE compared to competitors whom are used by FBI and CIA. As you will see, the law requires the Banksters to foot the bill and would apparently bind the NAMFS Regime to the same requirements,
2. Requirement To Obtain Criminal Background Checks, Credit Reports, and Other Information for Certain Individual Loan Originators
To the extent loan originator organizations hire new originators who are not required to be licensed under the SAFE Act, and who are not so licensed, the loan originator organizations are required to obtain a criminal background check and credit report for these individual loan originators. Loan originator organizations are also required to obtain from the NMLSR or individual loan originator information about any findings against such individual loan originator by a government jurisdiction. In general, the loan originator organizations that are subject to this requirement are depository institutions (including credit unions) and bona fide nonprofit organizations whose loan originators are not subject to State licensing because the State has determined to provide an exemption for bona fide nonprofit organizations and determined the organization to be a bona fide nonprofit organization. The burden of obtaining this information may be different for a depository institution than it is for a nonprofit organization because depository institutions already obtain criminal background checks for their loan originators to comply with Regulation G and have access to information about findings against such individual loan originator by a government jurisdiction through the NMLSR.
a. Credit Check
Both depository institutions and nonprofit organizations will incur costs related to obtaining credit reports for all loan originators that are hired or transfer into this function on or after January 10, 2014. For the estimated 370 Bureau respondents, which include depository institutions over $10 billion, their depository affiliates, and nonprofit nondepository organizations, the estimated one time burden is roughly 25 hours and the estimated on going burden is 90 hours. This includes the total burden for the depository institutions and one-half the estimated burdens for the nonprofit nondepository organizations.
b. Criminal Background Check
Nonprofit organizations will incur costs related to obtaining criminal background checks for all loan originators that are hired or transfer into this function on or after January 10, 2014. Depository institutions already obtain criminal background checks for each of their individual loan originators through the NMLSR for purposes of complying with Regulation G. A criminal background check provided by the NMLSR to the depository institution is sufficient to meet the requirement to obtain a criminal background check in this rule. Accordingly, the Bureau believes they will not incur any additional burden.
Non-depository loan originator organizations that do not have access to information about criminal history in the NMLSR, including bona fide nonprofit organizations, could satisfy the latter requirements by obtaining a national criminal background check.  For the assumed 200 nonprofit originators,  the one-time burden is estimated to be roughly 20 hours.  The ongoing cost to perform the check for new hires is estimated to be 10 hours annually. The Bureau has allocated to itself one-half of these burdens.
The Bureau did receive one comment from a nonprofit firm primarily involved in the purchase and rehabilitation of HUD-FHA REO homes, which queried the definition of a nonprofit firm used by the Bureau in its calculations. The Bureau included all affiliates and regional offices of a parent nonprofit firm in its original estimate of 200 such firms that would be covered by the rule. After receiving this comment, however, the Bureau engaged in extensive research in order to create, from information provided by government and private sources, a national census of nonprofit loan originators currently in operation. Such a census is currently unavailable from any public or private source. Based on this research, the Bureau found no evidence to support a change in its original estimate and continues to treat all affiliates and regional offices of a parent nonprofit firm as one respondent. The Bureau’s research on the number of nonprofit firms covered by the rule is, however, ongoing.
So, the very same burdens which the Banksters are attempting to place upon Contractors; the very same illicit arrangements between the Banksters and their Non Profit NAMFS Regime, would appear to apply to Eric Miller, the Executive Director of the NAMFS Regime and his Merry Board of Prankster – Bankster – Directors. Now, remember that Eric Miller oversaw the entire downward spiral and had knowledge of the now disgraced and former NAMFS Regime Secretary Heather Berghorst along with her compatriots over at Buczek Enterprises. Berghorst, as we all know, had a previous bankruptcy which had the NAMFS Regime followed the same regulatory guidance they are interpreting vis-a-vis Contractors, would have never allowed Berghorst to achieve the rank and position she did. In fact, Berghorst is still listed as a Member of the NAMFS Regime, in good standing, and is slated to attend the NAMFS Fraud Fest 2014 in Orlando next month with her partner in bankruptcy — yup, that’s Bankruptcy Number Two and having occurred under the additional watchful eyes of Altisource whom funneled money and work to her in two different spin ups.
We are finally beginning to get a grasp of precisely the level of corruption and criminality which the Mortgage Field Services Industry functions under. In fact, we are already rolling out a Series about Michigan as Ground Zero. Five Brothels (oops I meant Brothers), Cheap Suit Jay “The Mold Master” Goscinski, Deanna “Winterization Queen” Alfredo, GJM, GTJ, Field Asset Services, Cyprexx, Nomad — you’ll love that story — hell, it will be like a Class Reunion! Couple this with the Broker REO deals we began turning up and you will say, “What in the fuck is going on!”
Foreclosurepedia submitted the aforementioned questions to both the CFPB Regulatory Officer and to a CFPB Investigator as seen below,
I am a journalist and Contractor within the Mortgage Field Services Industry and cover a plethora of corruption within samesaid. Recently, Wells Fargo, vis-a-vis the National Association of Mortgage Field Services (NAMFS) mandated that Contractors obtain background checks ONLY through Aspen Grove Solutions. Aspen Grove Solutions relies upon First Advantage to perform the background checks at a One Thousand and Eighty Six Percent increase over its Competitors TLO ( https://foreclosurepedia.org/namfs-membership-engraged-over-sell-out-by-eric-miller/ ) AGS begins at $65 and goes up, TLO is $6 period. Whereas Aspen Grove Solutions, though First Advantage, does not utilize SSN and is being Class Action Sued over such for incorrect reports, TLO runs via SSN and is owned by TransUnion.
The foundation for Background Checks appears to be the Truth In Lending Act (TILA). TILA is inferred from Wells Fargo’s site ( https://www.wellsfargo.com/about/corporate/supplier/background-check ). A simple search of “Foreclosurepedia Background Checks” will bring up plenty of information to substantiate the rationale for my question. My interpretation of TILA, though, states that the Financial Institution is responsible for payments and yet 20,000+ Contractors are shouldering the burden of an overpriced model which I humbly submit violates the Sherman Act as it is an obvious overpriced monopoly of a product which the costs are inappropriately and unfairly placed upon the least protected of our society in reference to both minorities and females.
Coupling this with the fact that I have for two years documented the systematic fraud committed against Contractors by NAMFS Members including the recent filing of a SECOND Bankruptcy by the NAMFS Secretary to the tune of almost Two Million Dollars — remember that NAMFS is a Non Profit Organization and has been actively in concert pitching Aspen Grove Solutions — I submit to CFPB that this is a matter which needs investigation. In fact, last week I released information which would purport to document the fraudulent submission of Mold Inspections across state and international lines using electronic means by a NAMFS Member which both NAMFS and Altisource were privately cautioned about in November, 2013.
I respectfully request clarification as to whether or not TILA Background Check mandates apply to Contractors whom service foreclosed properties in the domestic United States and its Territories and if they are required, whether or not Aspen Grove Solutions may be utilized as the ONLY provider of such. In this I mean is Wells Fargo whom has a vested, financial working relationship with Aspen Grove Solutions, allowed to demand which Background Check Provider may be used. It is worthy to note that Aspen Grove Solutions is a Foreign National. Finally, is it legal to lay the financial burden upon the shoulders of Contractors to obtain their own Background Checks?
I thank you for your time and consideration.
D. Paul Williams
Editor In Chief
I used to have a big, scary disclaimer here about sending people to the dungeon for illegal use of my email. The reality is that they are all a bunch of bullshit. — I Support Anonymous!
Yeah, August is shaping up to be a damn interesting month all right! Stay tuned as we go deep in Michigan with our recent on site interviews and drive by photo ops! I mean with the NAMFS Regime Fraud Fest already TENS OF THOUSANDS OF DOLLARS IN THE HOLE the question presents how many more smoking mirrors can they roll out to fleece Contractors? The sad NAMFS Regime Roadshow is spinning down now. With the disgraced, former NAMFS Regime Secretary in bankruptcy; with its disgraced, former Membership Chairman Chuck Sockol now rumored to be unemployed from ASONS, where does the train wreck go next? Indictments, if you ask me!