Sat Feb 4 14:34:34 EST 2023
HomeBlogThe Class Action Lawsuit That Eric Miller Is Terrified Of

The Class Action Lawsuit That Eric Miller Is Terrified Of

For years now, the Members of the National Association of Mortgage Field Services have been trying to hide a dirty secret. That secret is not that many of them break into the homes of the elderly and steal their belongings or that those same recalcitrant Members defraud Contractors. The dirty secret is that since the Foundation of the National Association of Mortgage Field Services, the Sub Contractors have been employees.

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.

The Bowermans are currently represented by Thomas E. Duckworth, and Monique Olivier of Ducukworth Peters Lebowitz Olivier LLP (DPLO) out of San Francisco, CA. DPLO are no slouches in the world of litigation as a side note. More on that in a minute; let’s get back to the story.

The Bowerman’s were not licensed general contractors. FAS, though paid them and thousands of others as independent contractors. From the time that the Bowermans awoke until they went to sleep, they and others had each and every aspect scrutinized through technological means upon each and every work order they performed on behalf of FAS.

FAS is not unique in this. Each and every Member of the National Association of Mortgage Field Services whom works within the Property Preservation Industry with respect to servicing foreclosed properties are identical. Altisouce is one of the more unique firms in that their relationship with Ocwen brings on both the foreclosure portfolios and the rehab and rentals thereof. Altisource is heavily involved in the utilization of National Association of Mortgage Field Services Members such as SEAS to create a buffer like insulation. More on Altisource later.

Work Orders are assigned 7 days a week, 24 hours a day. The Bowermans and most Contractors are required to complete work orders within 72 hours of receipt. FAS and all National Association of Mortgage Field Services Members are required to follow certain protocols, participate in unpaid training, perform Background Checks at Contractor expense and follow precise FAS and NAMFS Members procedures without exception.

The Bowermans and other Contractors have always been required to take photographs of their before, during and after work examples. In many cases, such as with Safeguard Properties, Contractors are required to only utilize phone application software downloaded from third parties requiring specific Operating Systems and incurring a plethora of data costs without compensation. At no time whatsoever were the Bowermans nor any other Contractor working for any NAMFS Member allowed to know precisely what the Source Code is within the third party software nor precisely what that software does.

FAS and most NAMFS Members conduct audits and on site inspections. This allows FAS and NAMFS Members to aggressively pursue quality control over work orders. FAS and NAMFS Members refused and refuse to pay the Bowermans and other Contractors for work performed on allegedly “deficient” work even when the work is substantially completed. FAS and other NAMFS Members generally add additional work; work outside the original scope, to deficient work orders.

Daily FAS and NAMFS Members generate “charge backs.” These charge backs do not subtract monies from alleged violations specific to the properties which were identified, but rather deduct funds from other properties as they are collectively removed from pool funds due Contractors. All criteria was subjective and actions were taken by non certified personnel.

FAS and NAMFS Members monitored the Bowermans and other Contractors through a “scorecard” system. Neither the Bowermans in the case of FAS nor a separate class of over 500 Contractors with respect to Asset Management Specialists (AMSREO) have an appeal process for challenging this system and are generally placed into an “inactive” status when they inquire.

FAS and other NAMFS Members forced the Bowermans and other Contractors and continue to force Training. This Training includes, but is not limited to: Internet Training, Phone Training, and local – in field Training. The Bowermans and other Contractors have never been compensated for their time nor expenses related to Training.

FAS and other NAMFS Members deducted monies (generally 20%) from the Bowermans and other Contractors pay of of each and every work order. The Bowermans and other Contractors were forced to negotiate further discounts favorable to FAS and other NAMFS Members even though the Bowermans and other Contractors submitted legal bids. FAS and other NAMFS Members generally cite US Government requirements to lower bids which have never, in the history of the Property Preservation Industry, been substantiated. Contractors whom refuse to give these kickbacks are generally placed into an inactive status.

The Bowermans and other Contractors have incurred various business expenses related to their employment with FAS and other NAMFS Members. These costs included, but are not limited to: trucks, trailers, gas, mileage, car prepair, computers, phones, monthly mobile internet services, dumping, materials and legal expenses due to the negligence of FAS and other NAMFS Members. These expenses have never been compensated.

The Bowermans and other Contractors regularly worked over 8 hours a day and 40 hours per week for FAS and other NAMFS Members. Neither the Bowermans nor any Contractor have ever been paid overtime. The work time is inclusive of the early mornings required to prepare for the work orders, field phone calls with respect to new demands and the uploading of photographic evidence which is not required in any other federal contracting industry. FAS and other NAMFS Members were always aware of this.

In a nutshell, each and every Contractor has been an employee of any NAMFS Member Company since the Founding of the NAMFS. John Ward and others have always been cognizant of this fact albeit they all, in toto, have buried their collective heads in the sand. Additionally, the forcing of obtaining Insurance from only three (03) insurance companies on earth: York – Jersey, Brunswick Companies and Leonard show a level of corruption to commit Sherman Act Violations that rival anything which the Mafia could have ever envisioned.

FAS and all NAMFS Members whom have ever employed Sub Contractors with respect to the Property Preservation Industry are guilty of the following: Breach of Contract, Breach of Covenant of Good Faith and Fair Dealing, Willful Misclassification of Independent Contractor Status, Failure to Pay Overtime Wages, Failure to Pay Wages for Hours Worked, Failure to Indemnify, Violations of the Unfair Competition Law and Violation of Private Attorney General Statutes.

This Suit will prevail. Each and every NAMFS Member will become liable, no questions asked other than the Settlement Amount to the US Government and Contractors. What you need to ask yourself is this: Who is doing your Consulting? Do you have a fancy suit and tie whom does not have the ear of Labor like Foreclosurepedia? If so, you might as well file for Bankruptcy. Those of you whom are my Clients need to revisit your Portfolios and do it now. Those of you whom are not my Clients, I highly recommend you reach out. This isn’t personal; this is business. Every one of you knew this day would come; it is here. Help me help you.

Make no mistake whatsoever Eric Miller could give two shits if you have to file Bankruptcy. The Day has finally come. Most people will tell you I am a 20 hour day guy and have been for years. Each and every day I am going to hammer out Articles and the question becomes whether or not it is your day. If I am bound to you by Non Disclosure I cannot. Make the right decision and get ahead of this as NAMFS will ensure that everyone goes down with the ship.

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