Business 101…Altisource and the Forced Lien Waiver

Forced Lien Waivers…Legal or Illegal???

Contact us today for your consultation.
Contact us today for your consultation.

Yesterday I posted an article placing All Safe Home Watch Services on the Property Preservation Industry Watch List. This was done on the premise that in my humble opinion this FIELD VENDOR AGREEMENT Exhibit 2 – Subcontractor Acknowledgment Form Contractors/Labor is being forced to sign…or what is called a Forced Lien Waiver form. Now in some places this is illegal, as is here in Nevada, a contractor cannot be forced to waive lien rights prior to starting a job. In addition to the dozen or so phone calls asking if a Forced Lien Waiver was legal,several people also sent me a copy of this “agreement” asking if was actually legal. On the surface this Forced Lien Waiver appears harmless, Is IT????

So what about other states?  The representative from All Safe Home Watch Services  stated, “We only provide work orders in Florida on Altisource Properties.” A look at the map below and beings Altisource is located in Florida one would think that at least one of the companies in Florida would know their laws, as you cannot be forced to waive lien rights in Florida either. This is definitely a subject you’ll want research Forced Lien Waivers in you area. Yesterday I caught up with Scott Wolfe Jr. . Scott is an entrepreneur from New Orleans, LA. Founder of Zlien.com, a company that provides software and services to help building material supply and construction companies reduce their credit risk and default receivables through the management of mechanics lien and bond claim compliance.

Oh by the way…they also assist with the filing liens should they be necessary in collecting monies owed to you. Scott told me that on the surface there is no rule against indemnity agreements in general. Further, it is common for companies to require other companies to sign indemnity agreements.

I asked Scott if this FIELD VENDOR AGREEMENT Exhibit 2 – Subcontractor Acknowledgment or IMHO a Forced Lien Waiver Form that All Safe Home Watch Services was forcing Contractors to sign was legal…this is what he had to say…

When it comes to agreements like this in connection with any construction services (i.e. Subcontractors or suppliers providing labor or materials to a a construction improvement project), the indemnity agreements can get a bit sticky. This is not because indemnity agreements are not allowed, but instead, it’s because they cannot be used to circumvent ordinary lien rights.

I’ve written an article about “no lien clauses” that may be applicable, here:
http://www.zlien.com/articles/who-lets-you-waive-your-lien-rights-before-payment-state-by-state-chart-and-analysis/

Now make no mistake, IMHO “circumvent ordinary lien rights”, is exactly what is going on here. I’ve said it before and I’ll say it again. Anyone asking me to waive the only business avenue I have to collect the money you owe me SCREAMS I’m going to beat you one day. As to the legality of the issue, Scott went on to say;

It is usually not possible or legal for any party to require any other party to “waive” their lien rights within a contract prior to performing work. Despite this, many attempt to craft all sorts of legal protections within contracts to reach the same effect. That does not always make the legal protections completely meaningless (it can sometimes), but it does make them meaningless to the extent they seek to eliminate a party’s lien right.

When you cut through all the noise, it is almost always the case that a party who provides labor or materials to a construction improvement, if unpaid, can pursue payment against the property through a mechanics lien filing.

So now do you still think or not an employee? Better check yourself at the door. While you’re at it check your local Forced Lien Waivers Laws. Should you need assistance with a lien get a hold of Scott and tell him we say hello the folks over there will get you squared away. However, back to the subject matter at hand. Here is a quick look at a map on lien waivers.

Are Forced Lien Waivers Legal in your state?

no-lien-clause-map
TEASER…map from Zlien article on Lien Waivers and what states allow them.

The truth is, Altisource is the biggest Offender Member as they have been behind some of the biggest cases of defrauding Labor in the Property Preservation Industry, and every time they have been informed that one of the “distributers” of their work orders is not paying Labor, do they stop sending work orders to the criminal Offender Member to be processed??? NOOOOOOOOOOOO!!!!!!! Altisource continues to supply work orders instead of freezing the account in question making them an accomplice to the fraud perpetuated upon Labor. Now they want LABOR to sign a Forced Lien Waiver.

IMHO they are just as guilty as Eric Miller for not saying a word while collecting his ONE HUNDRED TWENTY THOUSAND DOLLAR salary from the monies that are put forth by the thieves called Offender Members. The fact that no one stops the continuous crime spree by Offender Members of the National Association of Mortgage Filed Services, or is it the National Association of Management For Stealing. Or should I be climbing all over Labor because they continue to facilitate Forced Lien Waivers by accepting work orders from NAMFS Members??? We stopped; our world didn’t come to an end. And believe me Twenty Thousand Dollars last a lot longer when you’re not spending $105.00 to get $100.

The problem I have with companies like All Safe Home Watch Services claiming National Coverage and only subbing locally is the fact they should be actually completing the services. So one has to ask are these people are they just plain LAZY? Obviously they do not understand the fine nuances of business in Florida or they would not be demanding Contractors sign this Forced Lien Waiver.

For the most part many of the “Subbers” (as I have termed them), that I have spoken to them they actually seem lackadaisical and indifferent to physical Labor, yes they seem too lazy to work. It’s much easier milking a broken system. A system that the Offender Members started to set up starting in 2009. It was around 2011 that many of the subbers started placing Forced Lien Waivers on work orders and in fact demanding that members of Labor sign and agree to their Forced Lien waivers.

2009, that is how long I have been saying there is something wrong in Gotham.  Foreclosurepedia has been saying the same and providing some deep information to back the statements up. For the most part all anyone really wanted was for Labor to be recognized. It should be noted here that many of the efforts of Foreclosurepedia lead to Altisource no wanting verification that the lazy subbers have actually paid Labor. In that respect you tip you hat to them. However, Offering thirty cents on the dollar while not forcing the thieves to pay their bills in unconscionable. Now they are asking their vendors to have Labor sign a Forced Lien Waiver. Something illegal in the very state they conduct business in.

When they, NAMFS, made a pseudo attempt to bring labor to the table, well again IMHO, it was a feeble attempt to buy time. There is a lesson for Labor here. NAMFS almost bankrupt one of their own members that spent upwards of $100.000.00 in sponsorship fees and membership dues. How was the company thanked for asking that Labor be acknowledged? Not one National or Mortgage House that was a member would work directly with the company. No Nationals would send the work orders from their offices on the east Coast all the way across the country and in turn they were then sent back to the East Coast. Lot of fricken’ money for a token nomination and no work.

Yes this is where the conspiracy comes in. You see Forced Lien Waivers have to be discussed, all of the activities going on between the membership of NAMFS under the watchful eye of Eric Miller have to be discussed, they have to be agreed upon. Altisource doesn’t just wake up and say Let’s send work from our office to this gal over here and we’ll have her send it back to our location…No this is talked about…discussed in great detail…conspired by the fire if you will…yes all these criminal violations and blatant flaunting of Federal RICO laws have to be  orchestrated…By an Executive Director…wonder if he’s gonna make a token 11th hour appearance at the next FAST event????

admin-7About Scott Wolfe Jr

Scott Wolfe Jr. is the CEO of zlien, a company that provides software and services to help building material supply and construction companies reduce their credit risk and default receivables through the management of mechanics lien and bond claim compliance. He is also the founding author of the Construction Finance Journal, a leading online publication about liens, security instruments and getting paid on every account. Scott is a licensed attorney in six states with extensive experience in corporate credit management and collections law, with a specific emphasis on utilizing mechanic liens, UCC filings and other security instruments to protect and manage receivables. You can connect with him via Twitter, LinkedIn and Google+.

Until Next Time folks

Happy gardening

BREAKING NEWS Altisource Demands Forced Lien Waivers

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This is a developing story and we will gave more on this “quasi-illegal” policy. Once again Altiscorce, the company behind Berghorst Enterprises, BuczekCheap Suit Jay, Mathis and Lambert, who all chose to steal from Labor. In a desperate attempt to salvage their reputation Altisource has forced a Lien Wavier on everyone???

We currently have requests in to attorneys to explain this section of a memo sent to all vendors this morning from All Safe Home Watch.

The Memo in question

The subcontractor identified in the below signature block (“Subcontractor”) executes this Subcontractor Acknowledgment Form (the “Acknowledgment”) and acknowledges and agrees that (i) no privity of contract exists between Subcontractor and Altisource Solutions S.à r.l. (“Altisource”) or any of its affiliates (collectively, the “Indemnified Parties”); and (ii) any amounts due for services performed by Subcontractor for the vendor identified in the below signature block (“Vendor”) are the sole responsibility of Vendor. To the extent allowed by law, Subcontractor releases and discharges the Indemnified Parties from all claims, demands and causes of action that Subcontractor now has or might have in the future. Subcontractor acknowledges and agrees that Altisource is a third party beneficiary of this Acknowledgment. Subcontractor shall indemnify, defend and hold the Indemnified Parties harmless from any action, proceeding, claim, demand or lien and shall pay any costs, expenses and attorneys’ fees incurred by the Indemnified Parties in any way related to (x) Subcontractor’s breach of this Acknowledgment; (y) any dispute between Subcontractor and Vendor including, without limitation, disputes of non-payment by Vendor to Subcontractor; or (z) both (x) and (y) of this Form. This Acknowledgement will indefinitely survive the expiration or termination of the agreement between Vendor and Subcontractor.

This is for the most part a forced Lien Wavier and in most places is illegal. So check you local Lien laws or contact Scott Wolfe at Zlien.

Make sure you check with you local laws on lien waivers and forced lien waivers.

Altisource_Logo

Now let’s be clear about one thing. From a business perspective it makes sense that Altisource would like to protect their Mortgage House Ocwen’s assets. However, it needs to be acknowledged that 90% of all Offender members use Altisource and Altisource has been behind so many non-payment issues in the PPI. If you remember they continued to provide Cheap Suit Jay at MRS work loads while they knew he cheated and committed fraud against labor and offered a measly $0.30 on the dollar that Cheap Suit Jay used on the Vegas Crap Tables.

As an EMERGENCY Measure….All Safe Home Watch is for the moment placed on the PPI Watch List….Now I have received a call from a representative of All Safe Home Watch and was informed that this “audit policy” has been generated by Altisource. The representative also stated they only cover the state of Florida for Altisource, so if you’re in Florida you will need to check Florida Lien laws to find out if a forced lien waiver is legal.

Until Next Time Folks

Happy Gardening

Victor Aldrey
Victor Aldrey

 

Written By: Aaron Aveiro

Photographs Victor Aldrey and Aaron Aveiro

 

 

PPI News That Affects Labor

How about some Monday Night Fodder and do a little catch up on the Property Preservation Industry… I have to say that this week has been entertaining to say the least in regards to PPI News That Affects Labor.

First up for PPI News that Affects Labor

The past few weeks have been traumatizing if you’re on the receiving end at CWIS. Receiving, that would be management as they are the taking sort ain’t they???Where do we start??? How about we beat up Carole Ramagos first? Carole was seen on Facebook this past week begging for a young lady to write her son in prison. Perhaps it’s a mother’s guilt for not being a better parent??? Just askin’ folks just askin’.. then to have your whole clan placed in the same room with Mickey dale Snow and the teen age prostitution ring? Well I’m sure it’s a safe bet to say that There may be better days ahead…unless the courts decide not to be forgiving.

Next in line for PPI news that Affects Labor

The past 48 hours  I have received numerous phone calls informing me that I placed a Board of Director member of the National Association of Mortgage Field Services…or as Little Man fondly refers to them, “Management for Stealing”  on the Property Preservation Industry Watch List. So????? They deserve it and the fact that the owner of Imagine Services Group has become an Order Mill, which could not have been accomplished without cooperation of the Offender Members of NAMFS, and this does nothing but reinforce the “Conspiracy to commit Fraud” and “Fraud in the Inducement” theories that have been forwarded on each of the respective subject matters.

While I was verifying that Steven Lefler, (Regional Representative, 2015-2017) was actually on the NAMFS BOD I stumbled upon the following:

Steven L. Lefler is the founder and CEO of Imagine Service Group, Inc. located in St. Cloud, Florida.  Mr. Lefler began his company back in April of 1994 servicing the central Florida region as a one man show.  This has given him over 21 years of active experience in the industry.  Steven has earned his BS in Communications from James Madison University located in Harrisonburg, VA.

Now isn’t that Spaaaaaaaaaatialllllllll!!!

Then of there was this education tidbit…in our PPI News that Affects Labor.

NAMFS rolled out its Initial Industry Training & Certification Program in 2010. NAMFS continues to update and expanded these offerings through The NAMFS Academy.  These courses include various formats of e-learning, including Basic Literature, Video, PP Presentations and Multi-Media.

The expanded Certifications are:

  • Inspection (Inspection & General Industry Modules)
  • Pre-Sale Preservation (Pre-Sale, General Industry & Recurring Services Modules)
  • Post-Sale Preservation (PoTo rub salt in the wounds st-Sale, General Industry & Recurring Services Modules)
  • Preservation (Pre & Post-Sale, General Industry & Recurring Services Modules)
  • Inspection & Preservation (Inspection, Pre & Post-Sale, General Industry & Recurring Services Modules)

Our expectation is that this program will set a new standard for trained, qualified field service technicians so that when hiring companies have a choice, they choose the NAMFS Certified vendor.

CLICK HERE FOR THE 2015 NAMFS ACADEMY SESSION

CLICK HERE TO VIEW AN INFORMATIONAL WEBINAR ON THE CERTIFICATION PROGRAM

Thank you to the Education Committee for their efforts, as well as those that supported through other means!

Our expectation is that this program will set a new standard for trained, qualified field service technicians so that when hiring companies have a choice, they choose the NAMFS Certified vendor.

Excuse me but when did NAMFS become accredited to “Certify” anyone??? And ya gotta love their use of You Tube, I mean after all no telling what could go wrong, especially if someone hacked their website???

indexa

How is this PPI News that Affects labor??? Well for starters it leaves the impression that only “Certified NAMFS Members” are qualified to perform services for the clients…er a I mean “Hiring Companies”. In addition, an “NAMFS Vendor” are Order Mills and they do not actually do the work…so I’m told. Kinda like the Background check…The membership of NAMFS is exempt.

Not sure how this will play out in the courts but speaking of jurisprudence. Now for some PPI News that Affects labor that everyone will want to hear…

I received an update on the BOWERMAN v. FIELD ASSET SERVICES LITIGATION;

In speaking with Mr. Duckworth of the Duckworth Peters Lebowitz Olivier LLP law firm representing the Plaintiff’s in the matter before the courts, another in the long line of Independent Contractor v Employee issues that has plagued the industry or many years now.

My understanding is that the Court approved FAS’s questionnaire and so about 10% of the California class will be receiving a questionnaire concerning the case.  Trial is now scheduled for May 2017.

You can find out more on this matter here

You can find our more about DPLO Law whose motto is…

Representing individuals who have the courage to exercise their rights

Remember folks, for over six years now I have been saying, as have others, that the amount of control and direction you’re given in the PPI via an Order Mill, makes you an employee. As a matter of fact that is WHY Imagine Services Group was placed on the PPI Watch List…not because they have stolen monies from Labor, not because they are a member of the Offender Member Network, not because the owner is on the BOD of NAMFS…no because the contract exerts so much control over you, you become their employee. In addition they are starting up a business model that is destined to fail. In addition I have seen their pricing. This means I should prepare to hear from an attorney about the $50,000.00 fine, I do believe their contract calls for since I have divulged their “proprietary” information in the media.

Now this last entry breaks my heart as JJ Batts works for this company and JJ is a decent guy. However, the stories flying around about NFN right now cannot be ignored. It’s being reported that NFN may very well be spinning out of financial control. This would not be the first time this company has owed a lot of money to Labor. It’s rumored that NFN currently owes over $500,000.00 to labor and cannot pay. Could be wrong but the last time I believe the number went into seven figures. We’ll be monitoring the chatter as we follow these and all the PPI News that affects Labor.

In closing this edition of PPI News That Affects Labor, Don’t forget to mark September for the next FAST event this to be held in Ohio, Home to NAMFS….mmmmmmmmmm

Should you come across any PPI News That Affects Labor contact us today and we’ll make sure the industry is updated.

Until Next Time

Happy Gardening

PS: The Yankee Fan that called at 2AM to rub it in…you still suck!!!!!

Written By: Aaron Aveiro

Photograph Victor Aldrey

Opinions expressed do not reflect those of Aladay LLC Ownership

Business 101…Negotiating with Dave and Jim

Contact us today for your consultation.
Contact us today for your consultation.

When I started performing some of the negotiating duties in the early days of Aladay Organic Farms I would sometimes get frustrated that the other side was so stupid they did not understand my point…well you know how that goes. Sometimes to win the negotiation, you don’t necessarily have to be smarter or tougher than your opponent, no sometimes just like in boxing, you just need to be quick on your feet.

This past week I was discussing the Break Even Point scenario with a couple people that insisted the volume made it profitable and oh gosh fifteen of them is a two hundred dollar day. I paused for a moment if for nothing else but to bite my tongue then I said…

Negotiating with Dave and Jim

Dave I need you to do me a favor. You and Jim are in the same office right?

Yes we are. Dave responded

OK Dave and Jim here is what I need you  guys to do.  Dave, I need you to walk across the room and give Jim a Twenty Dollar Bill. A United States Treasury Note. Now before you give it to Jim I need you to photograph the front, back, the Secretary of Treasury’s signature, and the serial numbers. And Don’t forget the magnetic strip and watermark photographs.

Now I’m going to need a photograph of you handing Jim the twenty dollar bill, Jim putting the Twenty dollar bill in his pocket. Now Dave I’ll need you to do this three times a day and at least once on Saturday and Sunday.

Do you think you could do that favor for me Dave?

We I suppose I could but…

GREAT Dave…That’s GREAT!!!!

Now Dave and Jim you understand the photo requirements so far right?

Mumbling in unison…um yeah OK…Dave and Jim said  mystified at the fact they had absolutely no idea where I might be going with this.

Now here is what I’m going to do…every day you’ll send me a zip file of photographs now make sure that your digital camera has the date and time correct. I will need all the photographs with date and time stamps on them. You understand that requirement dave and Jim?

Yeah it’s the same as ours…Dave and Jim echoed each other

Hey Just checking guys, I said. Now I’ll review them within thirty days and if all the photographs are in the correct order and there are no blurry images, The serial numbers have to be legible,  in thirty days I’ll send fifteen dollars for every twenty dollar bill you give Jim, Dave.

How GREAT a deal is that Dave and Jim???

You can handle waiting 45 days to get Fifteen dollars back on your twenty dollar bill right Dave???

Ummm well I would lose about eighty bucks a week I can’t do that…

Then why are you asking me to do so?

The silence was…well silent.

I’m not real sure what happened to Dave and Jim as there was no response at all. Perhaps they are still recruiting Emplactors to get some work done. Just in case Dave and Jim are tuning in…Here’s the Break Even Point video since Lawn Season is here…

Something has occurred to me…with the HUD M&M FMS contracts more or less up in the air…what if Labor could find a front for the contract and oh gosh strategically set up W-2 offices throughout a region while the front for the contract collected a modest percentage for their time?bannerproof

Some food for thought as we start our week…

Written by Aaron Aveiro

Photographs Aaron and Bret Douglas

Organics to You At a Price You'll Love

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