This Weeks NAMFS Illegal Activity Bulletin

PPI Watch List Additions Annette Rodgers of AR Professional Property Preservation and Terri Davis and DEA Home Property Management Team, LLC Contact us for petition information on having NAMFS shut down for supervising criminal activity in the Mortgage Service Industry

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Business 101…Contract Legalease….

NON-COMPETE AGREEMENT…or is it???

Contact us today for your consultation.

Contact us today for your consultation.

 

Well now let us see if one knows their contract!!. This particular company is currently recruiting on Linkedin. I have changed the names to protect well…me. That’s right I changed the names in the contract as I don’t believe that anything will be accomplished by leaving their name in this. I have only dissected the Non Compete Agreement portion of the contract. I do believe that many of the Non-Compete clauses and sections in the Property Preservation Industry are non-bonding in a coiurt of law. Where a Non-Compete clause can be binding is when you have one with an employee or subcontractor and they attempt to “take ” your client. That would be binding as they are in your back yard.

Please keep in mind this is not legal advise only my opinion on the non-compete clause of the contract I reviewed. 

Here is the section of the contract. Also remember that a contract has the element of “mutuality of agreement” should you not like a section of a contract you do have the option of discussing and rewording a section of a contract.

 This Non-Compete Agreement (this “Agreement”) is made effective as of , by and between I’m making you sign this 19032 Garnishtown, Hustler Abound 27529, and Me&You, of 123 A st. My City , Your State, 98765 .

In this Agreement, the party who is requesting the non-competition from the other party shall be referred to as Hustler, and the party who is agreeing not to compete shall be referred to as “Victim”.

  1.  NON-COMPETE COVENANT. For a period of 180 days after the effective date of this Agreement, Vendor will not directly or indirectly engage in any business that competes with Hustler. This covenant shall apply to the geographical area that includes a 60 mile radius from the RDU area.

You may not do Any type of work related to the services you have provided to Hustler for a period of 180 days…6 months…this is not bad most want two years…

2 NON-SOLICITATION COVENANT. For a period of 180 days after the effective date of this Agreement, Victim will not directly or indirectly solicit business from, or attempt to sell, license or provide the same or similar products or services as are now provided to, any customer or client of Hustler. Further, for a period of 180 days after the effective date of this Agreement, Vendor will not directly or indirectly solicit, induce or attempt to induce any employee of Hustler to terminate his or her employment with Hustler.

IE…leave our clients & employees alone..for 6 months

3 Victim will pay compensation to Hustler for the covenants of Hustler’s in the amount of $2,500.00. This compensation shall be payable in a lump sum before or If and after any court proceedings thereof.

If you do you have to give us$2500.00 bucks in cash right now today, this very minute…

4 Vendor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Victim, or divulge, disclose, or communicate in any manner any information that is proprietary to Hustler. Victim will protect such information and treat it as strictly confidential. The obligation of Victim not to disclose confidential information shall continue for a period of 180 days after the effective date of this Agreement. Within 15 days after receiving a written request, Victim will return to Hustler all records, notes, documentation and other items that were used, created, or controlled by Victim.

Now here’s where thing start to become a little convoluted for the small business owner. Pay very close attention to the last sentence. This basically says that you have to give up all your records that you created while working for this company that are related to the work you did for them. #1 they already have those records, #2 they are your records and technically do not belong to anyone but your company.#3 “proprietary” is not spelled out…IE if they owe you money and you speak or ask someone to intervene they can claim proprietary information and sue you…I believe this would be thrown out by a judge under a severability clause…

 5 ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written

This is the agreement and we make no promises to you or your kin and there are no other conditions that are not spelled out in the agreement.

 6 The parties have attempted to limit the non-compete provision so that it applies only to the extent necessary to protect legitimate business and property interests. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

If a judge deems a section of this contract to in violation of any state or local laws said section will be removed from that contract with the remaining sections still binding. Now keep in mind that if a section has bearing on another section both sections will be removed. In addition a Judge may deem the entire contract to be void should there be a serious violation such as forcing you to waive Lien rights. In addition the judge may also modify a section to bring it within the legal limits of the law.

 8 It is agreed that if Victim violates the terms of this Agreement irreparable harm will occur, and money damages will be insufficient to compensate Hustler. Therefore, Hustler will be entitled to seek injunctive relief (i.e., a court order that requires Victim to comply with this Agreement) to enforce the terms of this Agreement.

If the judge says everything is good then he can bind you to the contract term and conditions.

 9 APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Hustlers Abound.

 

 

PROTECTED PARTY:

Hustler of the Unknowing

By: Make Me Rich

Make Me Rich

CEO

 

NON-COMPETING PARTY:

ABC Foolish Clown

In my humble opinion only sections 2, 3, 5, 6, &7 will hold up in a court of law.

Section 8 is moot as WHERE the services are completed claims subject matter jurisdiction.  In addition you must remember that should this company not be licensed in your jurisdiction they have no standing. Keep in mind that this will also govern you. For example, here where we are located the California border is very close and companies routinely request we cross the state line. We will not cross the border to complete services as we are not licensed to conduct business in California. Our licensing is for Nevada and nowhere else.

Some items that should raise red flags when you’re being recruited;

  • Company will not provide pricing prior to applying
  • Company is not licensed in your state. If the company will break the business laws, they may not pay you thinking they can get away with it because you are 500 miles away. Remember where the work is completed…that is where jurisdiction of the legal matter is located
  • If the company’s business model is that of one “subbing” someone else’s work.
  • If the language in the contract stipulates you will be paid after they get paid or asking you to wait over 30 days. This could be a serious sign the comp any is not solvent.
  • Has the company changed names??
  • Demanding you provide at your expense a background check from their source. Your local Police department will perform this check for you for about 20 bucks. If you’re police department’s information is not sufficient this is a money grab and you should do some more research on the company.

I am of the opinion that one of the reasons that pricing has been able to be kept so low is because many of those completing the work have no business sense or legal sense when it come to contracts. Not a put-down but a fact. 90% of the PPI workers have the “Employee Mentality” and when they read that section, not ever having conducted business feel that the paper they signed is binding. There is a reason they don’t want you working the sae area you’re covering…they can recruit more unknowing people to be their victims

Should we be able to assist with any information on companies or if you need some assistance understand contract language contact us today.

 

Until Next Time

Happy Gardening

Written By: Aaron Aveiro

Photographs by Aaron Aveiro

Opinions expressed do not reflect those of Aladay LLC Ownership

PPI Watch List…This Week Some New…

Some Familiar Faces and Names…

No Matter Where You Are...We'll be Watching

No Matter Where You Are…We’ll be Watching

 

Well now seems our Property Preservation Industry Watch List for this week has some very familiar names. NFN, once again unable to pay the Contractors, SEEAS LLC, for the third time. Our next familiar name…Jonathan “Jay” Gocinski, because of a statement that is highly questionable we must also add to the list. I will come back to this in a minute as in conversation Mr. Gocinski and I spoke via email and he said something very interesting…and very accurate about the industry. Which as a controversial member of the National Association of Mortgage Field Services (NAMFS), I find and I’m sure you will also find the comment to be extremely profound. Perhaps “Jay” understands a little about PR in social media… perhaps not…The next names are  new comers to the Watch List…Northsight Management or should I say they are an old company with a new name…we are currently investigating this company and will have more information later today, and Edgemark Solutions.

Now let us get back to MRS and “Jay”. On a whim last night I sent an email to Mr. Gocinski to inquire if the rumors were true that he was holding people’s money if they filed legal action…Here is the Email…

NON_Payment Issues again???

Inbox x
Aaron Aveiro <aladayllc@gmail.com>
6:22 PM (13 hours ago)
to Goscinski

Hello Mr, Goscinski,

 

Am I hearing the rumors correctly???

 

You have informed the people you owe money to that if they file legal action you will freeze their monies and not pay them?

 

Question…If you have their money…why not pay them so they do not have to file legal action to collect their money???

 

Thank you

 

Now I’m not going to post Mr.  Gocinski’s entire response  as that wouldn’t be appropriate nor prudent. But there was a paragraph  that I think all of us can relate to and coming from a NAMFS member..well this speaks volumes about the organizations ability to control  the Property Preservation Industry.

This industry is finally evolving as I’m sure you are well aware. I am an advocate of the evolution the same as I’ve lived and worked through two other industries similar evolution. It will be some time before the banks and servicers are willing to pay the appropriate wages to allow the proper vendors to be hired and trained, the proper oversights put in place, and the proper regulation. however even then there will be people who slip through that have no business being in this industry. I on the other hand have serviced default property for 22 years and an not going anywhere. In fact we will emerge stronger then ever after learning of the holes we had in our own oversight of our company.

Now I find it ironic that a member of the National Association of Mortgage Field Services would acknowledge this fact…

“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”

Something John Adams said 250 years ago.

So what does that say for our industry? What does it mean when a business owner providing work in states where said business is not licensed to conduct said business states the industry needs oversight? Myself and others have been screaming for the past five years about the illegal business practices by members of NAMFS. I once again call on the Boots…Labor in the PPI to start performing some Due Diligence on the people you’re conducting business with.

If a company is not licensed to conduct business in your community then DO NOT ENTER INTO A CONTRACT WITH THEM…as a matter of fact you should be reporting them to you local Attorney General and Secretary of State’s Office.

This is how as an industry Labor can come together and stop the BS of the cut-thtoat business practices of the “Subbing” business model the membership of NAMFS has developed with the good ‘ol boy system.

I want to expand on something in “Jay’s” comment… It will be some time before the banks and servicers are willing to pay the appropriate wages to allow the proper vendors to be hired and trained, the proper oversights put in place, and the proper regulation….well I disagree with this assessment.

First, the fee out the gate while could be better, if said fee was not cut into by companies like Jay’s subbing the work back out and the work was assigned directly to the Contractor the numbers can work. It is the subbing of the work that dilutes the revenue streams for the people providing the resources to complete services in the PPI. Remember that…while many of you fight with these companies that owe you money…The companies that are not paying are subbing out other’s work. Not one of them has a contract with the banks or lenders.

MRS claims to be a “Certified HUD Contractor” if this is true then MRS should be paying prevailing wages on jobs as a certified HUD contractor the Service Contract Act and the Davis Bacon Act are in play. Not only that but if MRS is a “Certified” HUD Contractor then as a provider of government work he must have OSHA regulation meetings at least once a month with EVERYONE completing the services for his company. These are the rules I don’t make them up. How do I know this??? Our company IS a HUD Contractor.

So there you have it folks…A member that is currently in good standing of NAMFS stating that the industry needs regulation and education and training…

For the most part I believe that everyone knows where I stand on this subject and whom I support and endorse for PPI Accredited Education and Training.

Now I’m not going to go into any of the pending issues that involve MRS today. I only wish to address what is going on with all misguided members of NAMFS. I say misguided as they all are “Subbers” , one of which is MCS, [not sure if the purchase and merger of AMS and MCS provides MCS with proper licensing in all 50 states], are all acting like everything they do is legal.

The reality is this. If you conduct business in a state that generates “profit” for you and your company, then you must be properly licensed in said state to conduct business in the state. The courts made this determination four years ago when deciding Hurst v Buczek.

Why the Board of Directors have not followed up with the membership and made the members comply with state laws is beyond me. But one of the issues everyone conducting business with these companies…We pay you when we get paid…this is a statement that should send up the biggest red flag you’ve ever seen!!!! If a company has to wait to pay you until they get paid…they are not solvent.

Very simple folks…stop doing business with them and you will see a change VERY,VERY, VERY, VERY fast!!!

And keep this in mind; “I didn’t know” does not wash in the courts. By conducting business with a company violating your state laws makes you an accessory to the fact.

 

Until Next Time

Happy Gardening

Written By: Aaron Aveiro

Photograph courtesy Google Images

Opinions expressed do not reflect those of Aladay LLC Ownership

Order Mills and the Property Preservation Industry (PPI)

An Industry White Paper…A Perspective From The Contractors

Approximately 18 months ago the following Industry White Paper was released. To demonstrate just how stagnant Eric Miller and his National Association of Mortgage Field Services…Better know as The Offender Members of Team Regime…have become…

Well I just figured I’d go ahead and reprint the Industry White Paper…I mean really now I’m getting much more traffic on this sight than I was 18 months ago and since there has been very little change…well go on and take a read and you’ll see what I mean…

Knock Knock…can you hear me now???

Order Mills and the Property Preservation Industry (PPI)

A Perspective From The Contractors
An Industry White Paper
By D. Paul Williams
coo@foreclosurepedia.org
April 2013 Page 2 Foreclosurepedia Legislative Group
Contents
Executive Summary ………………………………………………………………………………………………………. 3
Introduction ………………………………………………………………………………………………………………….. 4
Solution Overview ……………………………………………………………………………………………………….. 5
Conclusions ………………………………………………………………………………………………………………….. 8
Figure 1: Work Orders Reduction In Price By Order Mills …………………………………………. 5
April 2013 Page 3 Foreclosurepedia Legislative Group

Section 1
Executive Summary

Since the beginning of the foreclosure crisis the typical architecture from the Bank Real Estate Owned (REO) or United States Department of Housing and Urban Development (HUD) REO to Contractor has always included what is commonly referred to as an Order Mill. The Order Mill acts as an intermediary between the issuer of a bulk set of work orders which allow for services to be rendered on a property to the contractor. Closer examination of the established system today reflects the fact that the hierarchy consists of Bank REO (financial institutions) being the Initiators of work orders to National Provider Order Mills (NPOM) such as Safeguard Properties, MCS, LPS and others. On the HUD REO side National Providers may include A2Z Field Services, AMSREO, PK Management Group and Sentinel Field Services.
When a National Provider receives a bulk set of work orders they, by-in-large, package these into new work orders for dispatching to Regional Provider Order Mills which include a list of Companies far too numerous to list. Throughout this process the common reduction of pricing is between twenty to thirty percent (20% – 30%) although this is not standardized as there are no regulations establishing either caps upon payment for Order Mills nor the amount of Order Mills allowed to perpetuate the work order. This White Paper limits its scope to the process of Order Milling itself as an integral component of wealth reduction to contractors while additionally deteriorating the Return on Investment (ROI) by both Bank and HUD Clients.
April 2013 Page 4 Foreclosurepedia Legislative Group

Section 2
Introduction

Order Mill (OM) issues have been studied by the Property Preservation Industry (PPI) for years. The National Association of Mortgage Field Services (NAMFS) has purported to advocate on behalf of Contractors for years; however, to date, no tangible results have been articulated by NAMFS for any other Membership Class other than that of NPOMs.
The current White Paper targets a customer who is now ready to migrate away from what we consider to be both cost prohibitive and quasi legal. To demonstrate the migration we have assembled a PPI wide perspective with statistics and information assembled from Contractors as both NAMFS and both NPOMs, RPOMs and all other Order Mill Providers have refused, to date, to provide any data for use within the Contractor environment.
By-in-large, NPOMs contract with RPOMs whom then hire Otherwise Unspecified Order Mills (OUOM) to distribute their Client’s work orders. This process egregiously dilutes the amount of money a Client invests in that with one (01) NPOM and two (02) RPOMs only twenty to twenty five cents on the dollar actually make it to the Property in the way of tangible work product. Additionally, with recent demands by all aforementioned to collect Social Security Numbers (SSN), Driver’s License Numbers (DLN) and other personally identifiable information on Contractors and their Sub Contractors, the relationship is legally that of an Employee as opposed to Contractor; however, that is not within the scope of this White Paper.
The exposure to liability when coupled with the misfeasance prevalent today plots a course calculated to ensure both lackluster ROI and the more readily identifiable nightmare of McNamara – O’Hara litigation.
April 2013 Page 5 Foreclosurepedia Legislative Group

Section 3
Solution Overview

To demonstrate a flow chart of how a work order moves through the current system refer below.
Figure 1: The Order Mill Dilutes The ROI of a Client’s Work Order
The architecture is the same in all cases. This is a calculated system to ensure that Clients pay and pay and pay. While NPOMs are necessary evils, it is quite obvious that the RPOMs and OUOMs are unnecessary and detrimental to the Initiators of the work orders.
RPOM
RPOM
NPOM
NPOM
RPOM

NPOM
Bank of America, JPMorgan, Wells Fargo, FannieMae, FreddieMac, etc.
Contractor
Safeguard Properties, et al.
Initiating the Work 3 Layers @ 60 – 80 %
ACAS, Midwest Metro, Pinelands, et al. CooperCitiWest, Midwest Metro, et al. OUOM

A2ZFS, AMSREO, PKMG, et al.
20 – 30 % Reduction

OUOMs20 – 30 % Again

Final Arrival of Order
Contractor
20 – 35 % of Original
Final Arrival of Order
Return on Investment
April 2013 Page 6 Foreclosurepedia Legislative Group………….This section actually has a very spiffy flow chart that spells out just how much fraud is being committed by the Team Regime Offender Members. If you would like a copy, since I’m not tech savvy enough to get the flow chart in the article… for you records please contact us today and we’ll send you this extremely critical and factual Industry White Paper…

Section 4
Migrating the Madness

Migrating the madness wherein Order Mills are both inefficient and additional aspects of liability is a topic wherein Foreclosurepedia has been at the forefront of discussions for the better portion of a year.
Foreclosurepedia posits the fact that NPOMs are generally equipped to handle the more complex aspects of database development and implementation. Albeit, NPOMs are heavily invested and addicted to a Microsoft based system, there seems to be absolutely no interest in infrastructure. Most worrisome is the heavy dependence upon the Aurigma Photo Uploader. Virtually all NPOMs and RPOMs utilize this archaic instrument which forces ActiveX to be installed. Additionally, the OUOMs rely upon a plethora of backwoods of unencrypted File Transfer Protocol (FTP) and the transfer of both photos and Confidential Client Data over unencrypted email.
This, in and of itself is extremely dangerous when juxtaposed with Open Source Platforms (OSP) readily available. The reality is that the sever infrastructure, the Platforms; in essence everything utilized including the MySQL databases are OSP. Further adding to the quandary is the hodge podge creation of a plethora of cellular telephone applications (CTA) which are unique and specific to NPOMs, RPOMs and even some OUOMs. With no long term update support nor dedicated teams to examine the security environments both Contractors and Clients are at constant risk.
Figure 1 addresses the primary scope of this White Paper in that roughly 25 cents of every dollar is actually applied to a Client’s Property. While this may be tolerable in the Public Sector, the Private Sector should be quite alarmed. In a Trillion Dollar Industry this translates to $750 Billion dollars going to overhead. No financial institution, with a requirement to perform on behalf of shareholders, should allow this to continue.
Additionally, the not so obvious reality is that currently the PPI is rife with over billing, double billing and improper submission of billing. One of the most common practices is that a Contractor will submit a bid to the RPOM or OUPOM. The UPOM then submits the bid to the RPOM and then finally to the NPOM. At each step, the original bid from the Contractor is inflated. The Client then receives a flat bid which may or may not be that which the Contractor was willing to do the bid for. At all points-in-time discussed, electronic means are used to cross state lines. If the Client had direct access to the Contractor there would be less of a margin for error in the malfeasance of the aforementioned bidding process. The common PPI process is to require the Contractor to submit a bid on Letterhead and then accept a reduced payment under penalty of loosing all future work from the OUPM, RPOM or NPOM. Conservatively speaking, more than eighty percent (80%) of all bids in the Bank REO side suffer this fate.

The final point to address is the fact that NPOMs are functioning in two distinct and quasi legal capacities which expose Clients to liability. First, REO properties are generally either pre or post conveyance. Pre conveyance generally refers to the fact that it is a Bank REO Property. Post refers to when a Property is placed into the HUD REO Inventory. During this process HUD is to be allowed the opportunity to reconvey a Property for a plethora of reasons. This, though, rarely happens because the NPOM whom is awarded the HUD Marketing and Management (M&M) Contract almost always receive additional work from other NPOMs whom would be financially impacted by a reconveyance. Accordingly, HUD and thus the taxpayer foot the bill for Properties which should have never ended up in the HUD REO Inventory. On this point, HUD initiated a new regulation (5.1.12.5) wherein no one is allowed to service both pre and post conveyance Properties specific to the same address. No system has yet been implemented to address this issue, to date.
April 2013 Page 8 Foreclosurepedia Legislative Group

Section 5
Conclusions

The reality is that NPOMs will be a necessary evil, for a period of time, until the PPI stabilizes and both the US Government and Financial Institutions are better equipped to issue their own work orders to Contractors. On this note, if both the Financial Institutions and US Government refuse to either implement administrative caps upon the NPOMs and remove the RPOMs and OUPMs litigation is imminent. Legislation is the only means identifiable as the PPI refuses to self regulate. More on point, the billing of these excessive administrative fees are generally passed through to the original loan holder (Homeowner) and that, in and of itself, will create an avalanche of new litigation.
NAMFS, albeit a PPI spokesperson, is not best suited for addressing the issues presented within this White Paper. They refuse to sanction their own Membership for ongoing irregularities and are thus not well situated to objectively and without bias identify problems let alone solutions.
As both Financial Institutions and the US Government begin to realize the necessity of fiscal responsibility it is apparent that both need to come together, without the PPI, and create a Blue Ribbon Panel to examine the injustices created by the Order Mills at all levels.
The reality is that the United States Real Estate Market is one of the last pillars of our economic system. Allowing the current unregulated activities to continue poses a clear and present danger to the National Security of the United States and its Allies Globally.
April 2013 Page 9 Foreclosurepedia Legislative Group
This White Paper is for informational purposes only. FORECLOSUREPEDIAMAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN THIS WHITE PAPER. FORECLOSUREPEDIA cannot be responsible for errors in typography or photography.
Other trademarks and trade names may be used in this document to refer to either the entities claiming the marks and names or their products. FORECLOSUREPEDIA disclaims proprietary interest in the marks and names of others.
©Copyright 2013 FORECLOSUREPEDIA. All rights reserved. Reproduction in any manner whatsoever without the express written permission of FORECLOSUREPEDIA is strictly forbidden. For more information, contact FORECLOSUREPEDIA.
Information in this document is subject to change without notice

Now I’m sure some are going to…well…I patiently await notification of whom receives the first phone call today…is that sleigh bells I hear????

 

Hey I hope you have enjoyed this trip down memory lane…what’s that??? Is that you Little Man???

In the tiniest of whispers imaginable you could hear Little Man say…It’s still the same DUMMY!!!!!!!!!!!!!!!!!!!

OpNAMFS-1024x575

Hey Until Next Time…

Happy Gardening

Opinions expressed do not reflect those of Aladay LLC Ownership

NAMFS and the Criminal Conspiracy…Is Silence a Crime???

Accessory After the Fact…

No Matter Where You Are...We'll be Watching

No Matter Where You Are…We’ll be Watching

 

This morning I decided to have Biscuits and Gravy for Breakfast. Now that Bucky and Charlie are no longer with us the Sunday morning ritual of Blueberry Pancakes that they loved so much is rather empty without them. So I now have a different Sunday Morning ritual so not to get too melancholy over their passing.  Life is full of decisions. We make them every day. Some are good and some are bad. The Maker definitely knows that I have made some seriously boneheaded decisions in my time. Last night in the game four of the World Series, Alcides Escobar’s decision with bases loaded in the sixth inning with one out, to throw home for a force out and keep the game tied was made in a split second. The alternative was to attempt to make an inning ending double play with Hunter Pence, whom had already, beat out a double play attempt on him earlier in the game, racing down the line. Escobar’s decision to go home and keep the game tied looked like the wise choice at the time. The next batter, “The Panda” hits a two run single and Kansas City not only gives up the lead but loses the game.

Escobar’s decision was made in a split second, .oooo1 of a second. I’m sure by now you’re wondering why I mention this. Well, I mention this as a decision that must be made in a split second can be forgiven should the decision not go the way you plan. What can’t be forgiven is when an individual or organization has FIVE years to make a decision and does nothing.

Yes today I write about the non-decision. The inability of an organization to make an informed decision, even after numerous attempts to reach out to them has been made. The inability of a decision making process when provided facts from numerous sources and the players know that they are in the wrong. I’m sure by now you know that I speak of the code of silence that is similar to the Skull and Crossbones Society. That same code of silence the Eric Miller and the NAMFS Regime demonstrate every day.

You see Eric Miller cannot play the “Stupid Card” here. Miller and his Regime have known since 2009 that the members of NAMFS have been stealing from other members and non-members of the organization. Now for one second one split second let us be real here. There is ABSOLUTELY no way the member’s or Miller does not know of the illegal activity the membership of NAMFS participates in a daily basis.

Miller has been approached on several fronts to bring labor to the table. Most recently the event hosted by NAARPI International. Miller stated to some that he was not invited to Dallas. Miller, that is a lie, I invited you three times and I personally heard John Allen invite you twice. You were sent emails and left voicemails and I even extended the invitation in several articles.

Paul Williams actually had a conversation with Miller in 2009 asking that for transparency that NAMFS develop a committee for conflict resolution when there were non-payment issues. Mr. Williams suggested a Blue Ribbon Grievance Committee.

Miller’s response??? “That will never happen” True to his word this has not come to fruition as Miller “wanted no part of this” . So, while the conversation was amicable the end result was negative.

Think about that folks. Wouldn’t it be much easier for the folks involved to police themselves instead of the Consumer Financial Protection Bureau?  An agency that will extract the pound of flesh from this nightmare the banks created. Yes they will extract the pound of flesh for the American people that our pathetic government failed to do while providing all the financial criminals more money labeled “Bailout” only to have the banking industry say F*** off and gave those responsible for the financial collapse and criminal activity, million dollar bonuses. Yes the CFPB will get their pound of flesh.

You can bet that part of that pound will be NAMFS. Especially, since they have had the last FIVE years to make a decision. FIVE Years of no decision. FIVE Years of staying the course and allowing their members to steal and extort monies from innocent women and children and our country’s Military Veterans.

No the NAMFS Regime can no longer play the stupid card. Regardless of how stupid they really are, this is no longer an option for Miller and his pathetic bunch of scandalous thieves. While the first members that will feel the blows of justice will be the Board of Directors, the membership is also guilty of the crimes that other members commit as they sit by allowing the corruption to continue in their pathetic code of silence. This can no longer be a case of “Outta-sight Outta-mind” for there has been far too much published in public media.

My guess is that Spin Doctor 101 Fatica has advised the silent treatment to the public. However, even at best the industry’s $8 haircut pretty boy cannot stop what is about to happen because Miller will not bring Labor into the talks. The fact that NAMFS will not allow a seat at the table for Labor while claiming to be the voice and leader of the Mortgage Service Industry speaks volumes about the organizations end game. I have been saying for the past FIVE years that everything involved with this organization is a “Money Grab”. To this date the organization has done nothing but prove me correct.

So as I sit here thinking of the next decision to make about calling this organization out on the carpet I have to wonder. Does Miller truly understand his ability as an Executive Director that under Roberts Rules of Order he does have the ability to make suggestions? Does Miller understand he has the power to make motions, call for investigations, or enforce the organizations Canons and Standards?

My guess is that the membership is in over their head and that they are a bunch of common folk that if in another industry that has some oversight they would have gone bankrupt years ago. Does Miller feel he is only a figurehead and has NO power with the organization? Does the rest of the membership know they can make motions? I’m asking this question as there is some scuttlebutt that the membership goes beyond just the companies they list on their website, where the thief and illegal claiming bankruptcy BERGHORST’s are still listed as a member in good standing. The scuttlebutt consists of this tidbit…the companies that are listed; all their employees are also members. If this is true then there are about 7,000 accessories to the fact involved here. About 7,000 people that are guilty of Conspiracy to Commit Fraud and Fraud in the Inducement.

So if that is true and your one of the “Token” members of NAMFS you’re also complacent in the facilitating of the crimes that the Miller Regime is allowing to go on every day without a word. Yes this means you’re all guilty of Conspiracy to Commit Fraud and Fraud in the Inducement. Another charge that the members could face…

Accessory After The fact

Definition

Someone who assists another 1) who has committed a felony, 2) after the person has committed the felony, 3) with knowledge that the person committed the felony, and 4) with the intent to help the person avoid arrest or punishment. An accessory after the fact may be held liable for, inter alia, obstruction of justice.

I spoke to Paul Williams briefly this morning as he has extensive knowledge and information on the organization. I really only wanted a sound bite. My question to Paul was;

What do feel is the true state of NAMFS?

“For all intensive purposes NAMFS poses a clear and present danger to civil society, unless and until their methodology are brought in line with modern society”

Allow me to elaborate on “methodology “for a moment. The organizations methodology is to create a layer of profit for their members by allowing them to break the law and sub to each other two or more times until there is no revenue left to pay Labor. Labor, the people financing the industry with the upfront costs of completing services, and insurance, and background checks all purchased from members of the organization. For all their efforts, Labor gets screwed out of the monies they EARN. Where the laws become violated is when these companies start sending the work over the internet into another state without being properly licensed in that state, or better known as RICO violations.

An industry leader yet they have only created a system so convoluted that attorneys have no clue where to start when suing someone. The INDUSTRY LEADER???? Yet NAMFS has done nothing to establish a Standard of Service. Is there any wonder why Eric Miller will not respond to the constant outreach and extension of the Olive Branch by NAARPI International when it comes to Education and Training? Think about it folks…

It has been established that NAARPI International’s Education and Training is far superior to the offerings that the NAMFS Academy has to offer, by the organizations members no less!!!! Yes NAMFS members have participated in the NAMFS’s bootlegged Rob Preston education model and NAARPI International’s. So why you ask, would NAMFS not want to come to the table???

Because…IMHO…if they acknowledge NAARI International’s program it will set a standard for the industry. A standard of Minimum Standards for completed services. Which if established would stop every member from making up their own rules to enable them screw the BOTG over financially on a daily basis. This would eliminate the “Mandatory Requirements” that increase the cost of completing services with no ability to pass the cost of doing business on.

I remember once this gal, Linda from A+ said she needed a specific lock installed. The lock cost $75 and the payment was going to be $100. I told her, with having to provide a $75 lock setup we would need $175. She asked why and I proceeded to spell it out.

Her response, well that is the cost of doing business.

My response??? Yes and the costs of doing business are ALWAYS passed on to the consumer, in this case you…

Needless to say we never got into bed with Linda and A+…

But that is what every NAMFS member wants you to do. Get on board with the BS of paying you what they want to pay.

I can understand the inability to write technically. I have designed and written more than one educational program in my time. I used to tutor an Architectural Drawing Vocational program for the Nevada Department of Corrections. I not only wrote the procedures for the program, I also wrote the curriculum for the program. If you think it is easy to write on a technical level, try this.

Write a technical statement on how to hit a curveball. Yes, I want you to tell me and everyone how the ball leaves the pitchers hand at 90 miles an hour suddenly drops to 81 MPH and drops 12 inches, tell me about the velocity of the ball leaving the bat at 125 MPH. Tell me about how the spin on the ball changes when leaving the bat, tell me about what the batter sees as his mind has that split .0001 of a second to make his decision to swing or let the ball go by.

While Escobar made a decision that turned out to be an adverse one. He made a decision. As a baseball person, I think he made the right one. The ball he had to grab was not right at him, he had to move to his right, and he did have a guy running 21.3 MPH down the first base line, a runner that had previously beat the double play attempt on him earlier in the game, so there was no guarantee the double play attempt would be successful. No, in the split second decision that Escobar made…win, lose, or draw…he made the decision.

Something that Eric Miller and NAMFS have had the ability to do for the past FIVE years.

Here is something for all the Jeffery Lyons and William Heggins that are doing $40 wints and attempting to justify them by lying about purchasing two trucks while completing $40 winterizations, in Social Media.

There are two pricing lists. One the banks pay and then there is the price list that the industry pays the Brokers. Wints…$250…Our company bills out a minimum $125 for this service and if we are performing a wint for a Freddie Mac Broker…we bill $275

With the SYSTEM MOVING BACK to brokers…something that everyone should be cognizant of. Just as NAMFS members under the direction of Heir Miller and his Regime shrouded in their insane convoluted code of silence as the membership routinely steals and defrauds our country’s Military Veterans and other innocent women and children, the membership of NAMFS should be cognizant of the fact the party is over…allow me to say this…

Miller and company…you have been afforded numerous opportunities to rectify the mess you have created. Whether or not you and the “Industry Leader” group of folks are scared of success or you all do not understand how Parliamentary Procedure works, you call yourself a leader, yet you have done nothing to establish and create definitions and standards with the exception of theft…your membership is pretty good at that…NAMFS bills themselves as a Trade Association, and they have had 25 years to establish some standards for the industry. What have they have done is provided the industry with Definitions and Standards of THEFT!!!

The industry has always had need for education and training and anyone calling themselves the Leader of the Industry should be the gatekeeper of such. But for the past 25 years NAMFS has been fumbling around like they are having trouble unbuttoning the girl’s pants on their first date.

Perhaps the Gatekeeper of the Education and training for the industry…perhaps the title of Gatekeeper belongs to NAARPI International since they are the only organization that has gone out and had the material reviewed and endorsed by someone other than one claiming to be the Industry Guru.

In closing….Mr. Miller we are not going away, as I stated in 2012 to Deanna Alfrado…once again I will continue to beat the drum, this afternoon I go purchase bigger drumsticks.

 

Written By; Aaron Aveiro

Photographs Courtesy Google Images.

Opinions Expressed do not reflect those of Aladay LLC Ownership

WINNER WINNER…CHICKEN DINNER!!!!

Well Actually….

NAARPI International's Home Check book...an Essential Tool for all phases of PPI work

NAARPI International’s Home Check book…an Essential Tool for all phases of PPI work

 

This past Thursday while I was in the studio as a guest of America Matters AM News, a morning call-in news show hosted by Dennis Romero and Eddie Floyd, I gave out a trivia question for the listeners.

Anyone answering the question, well the first person with the correct answer, would receive 25% off products or services that Aladay LLC provides.

The question involved John Heisman. Yes Heisman, the man the Heisman Trophy was named after and awarded to the best college football player each year since 1935.

This past Thursday was John’s Birthday. As I do every day I have a spot to mention significant people in history and in Rock-n-roll and the music industry. So a BIG thanks to John for having the career he had and providing Aladay LLC with the opportunity to have a trivia contest question based on his career.

John played and coached Football, Baseball, and Basketball. He is credited with “inventing” the forward pass in football and the first record of the “center snap” is credited to his innovation.

Congratulations go out to Laure Marshall of Sparks Nevada. She correctly provided the answer…Georgia Tech 222 Cumberland 0.

The game was a revenge game for Georgia Tech coach John Heisman as he felt that the Cumberland Baseball team had run up the score in a game the previous year to the tune of 22-0…that is a very lopsided baseball score as is the 222-0 for football. A score that has stood in the record books for the past 98 years as the most lopsided score in College Football History. John was also involved in another very lopsided game 73-0. the Game was between Clemson and Georgia Tech. John was then coaching Clemson and Georgia Tech was so impressed they named a street after him then decided they should hire him…

John had some pretty impressive coaching records;

Football ………..186-70-18

Basketball……..9-14

Baseball………..219-119-7

In addition he won a National Championship in 1917 with Georgia Tech Football and he also won 6 SIAA championships in his illustrious coaching career.

Laura Marshell is a Property Inspector here in the Truckee Meadows and chose the NAARPI International Home Check book, a $29.95 value. When asked why she chose this particular product.

“As a property inspector this particular book is the most comprehensive book I have found in the industry. Not only does it walk me through the inspection process it will cut my administrative report writing time once I return from the field to the office. You cannot find any  tool like this on the market today. In addition NAARPI International’s material is approved and endorsed by the Texas Real Estate Commission (TREC), something no other education provider in the Real Estate Industry can say. For the record, Texas has some of the toughest Real Estate laws in the world, which is why I looked into NAARI International for assistance with my education and inspection business in the first place. I just happened to tune in to America Matters Thursday as I had heard scuttlebutt you guest on the show then, my lucky day I guess.”

Well now…how flattering!!! There is scuttlebutt about MOI!!!

Thank you Laura Marshell for tuning in last Thursday and I certainly hope you enjoy the NAARPI International Home Check book.

Should any of wish to have a book of your own contact us today and we’ll get you squared away.

Also of note;

The Month of November is Capability Statement Month here at Aladay LLC. we normally bill $125 to interview and prepare a capability statement for your company. For the month of November this service will be $75. for more information you may contact us three ways. Use the Voicemail tab on the right, you may also send an email by using the “Let’s Talk” button at the bottom of the page…or call us and reserve a time slot today.

In the studio with Eddie Floyd. Remember Im usually a guest on Thursday's and you can call with PPI, Organic farming, Business 101 questions and promote your company at the same time.

In the studio with Eddie Floyd. Remember Im usually a guest on Thursday’s and you can call with PPI, Organic farming, Business 101 questions and promote your company at the same time.

Until Next Time

Happy Gardening

Written By: Aaron Aveiro

Photograph By: Aaron Aveiro

PPI and Jurisprudence…and Watch List Additions

From Stealing from our Vets to Demands for FREE work…NAMFS Offender Members are at it again….

No Matter Where You Are...We'll be Watching

No Matter Where You Are…We’ll be Watching

As I watch the events start to unfold on the story that Foreclosurepedia reported on in regards to Ironclad Preservation and Annette Rodgers of AR Professional Property Preservation 3230 195th, St Flossmoor, IL 60422, Phone: (708) 404-3093, I have to ask Eric Miller, Executive Director of the Offender Members of the National Association of Mortgage Field Services, (NAMFS), if he is happy at the treatment that his “Diamond in the Rough” is receiving from one of his “Mortgage Field Professional’s” who is breaking the law all the while Mr. Douglas obeys all state and local licensing laws?

While I cringe at the legal battle that Mr. Douglas and his attorneys have ahead of them. I will gladly and proudly state that when the legal team Mr. Douglas has hired finishes lunch with this illegal Offender Member of NAMFS under the direction of Eric Miller and his Regime, I will dance in the street with Mr. Douglas…that is if he buys me a pina coloda…For you see this multiple layering and subbing to each other not only violates the RICO Act as it requires the use of electronic wire transfers of information that generates revenues, it is in fact Collusion and Fraud in the Inducement. And the sweetest thing…they all carry a separate sentence when the time comes for the judge to pronounce at the sentencing hearing.

Oh and it wiiiiiiiil come….EHEHEHEHEHEHEHEHEHEHEH…..Bet your bottom dollar.

However, as I “Surf the Net” today I found this young lady, Terri Davis, soliciting people to complete inspections for her in 7 states. After I searched three of the states Secretary of State’s Business entries and found nothing under either DEA Home Inspections as the website address shows, or the business name DEA Home Property Management Team LLC, nor was there an entry for Terri…after three states I stopped searching anymore as she is already operating illegally in three states and guess what…she wants you to front the expenses of said inspections and then wait for her to pay you…

Here is her solicitation over on LinkedIn:

Terri Davis

Manager at DEA Home Property Management Team, LLC

DEA Home Property Management Team LLC is currently looking for independent QC inspectors on foreclosed homes throughout the United States. We are also seeking HPIR inspectors in the following States: WA, OR, WI, MN, IA, SD, ND, WY, NE and MT. If interested please email tdavis@deahomeinspections.com for an application packet.

Now just me personally, I would think that this is a perfect recruiting opportunity for Eric Miller since he’s participating in the thread…least I find no record of Terri listed as a member of NAMFS. I mean really now isn’t that the perfect member for NAMFS and the Eric Miller Regime?  She is already breaking the law and asking people to trust her to pay them in Washington while residing in Alabama…1500 miles is a long way to go to knock on a door for your money.

Now PLEASE…do not think for one second that I am saying Terri is a thief or embezzler…I do not know Terri and wish no malice for bad interpretations here.

However, I bring this subject matter and example up as this is the scenario day in and day out in the Property Preservation Industry that is described every time someone is ripped off. Every time there is a non-payment situation to a Boots on the ground Contractor…the non-paying company is subbing work that has been subbed to them to companies in states several hundred miles if not 1,000’s of miles away. Look at the Annette Rodgers subbing Altisource work generating in Florida, the work goes to Illinois, Chicago to be specific…then back to Florida, all at the hands of NAMFS Members.

Folks I do not know Ms Davis. While I feel “Free Enterprise” and Capitalism is alive and well in America there are rules. Rules that as we now see not just the members of NAMFS violate but members of the Property Preservation Industry…

While I’m on the “Free Enterprise” wagon how about the companies telling you they want 200-300 worth of free services when you visit a property??

Well it happens as attested to in this thread over on LinkedIn today…

MORE “Free Work” added to the FHA/HUD conveyance checks??? SERIOUSLY?????……

I received a conveyance check work order recently from a long term client we have had a pretty good relationship with for about six years.

I am being paid a minimal trip charge for this order that does not always cover my fuel to and from a property, let alone my time.

Now to the author’s, Gwenna Archer, President, AMAF Superior Property Preservation, LLC, credit she has not gone out and banged the company by name but rather brought a serious issue to light that is beating Labor to death. Seriously, read this article penned by Ms Archer and you’ll see that by time she is done…or you for that matter…she has not only provided about $300.00 worth of work for free but by not being paid for anything she has also lost 5 hours of labor so add another $100.00 to the equation…for FREE!!!!!!!!!!!!!!!!!!!!!!

Just something to think about “While you’re there”…yeah I’ll get right on that!!!! What always baffles me is the fact that it is only tge members of the NAMFS Team Regime that make these demands on the Boots. None of our clients do this. Then again we have no NAMFS members for clients. We actually have clients that pay us when we finish a job or like a couple of our clients they will meet us at a property and discuss what they need and write a check before they leave…

The reality there folks is that is how business is conducted in the real world.

There is none of this
“You’ll receive payment when we get paid” we get no excises if money is late, we simply make an inquiry and the matter is rectified in a few hours if not within the hour. Most of the time, the issue is resolved before we hang up the phone. That is how businesses conduct business.

Business is not conducted the way the Offender Members of NAMFS under the direction of Eric Miller scam unsuspecting men and women>

What I find so difficult to pallet is the fact that the Eric Miller Team Regime has regards for this country’s Military Veterans. The Offender Members under the guidance of the Eric Miller Team Regime routinely steals from our Vets. They routinely scam our Vets. The membership of NAMFS shows our Military Veterans absolutely NO RESPECT what-so-ever. He the Miller Regime had any respect for our Military Veterans he would step in and say something; Miller would put a stop to the corruption and graft his members execute against our country’s Vets.

Now there is some scuttlebutt going around that NAMFS only releases their “Company Members” and that every company is required to have ALL their employees become a member. That would mean that there could possibly be 7,000 plus members behind the scenes. Should this be true, me being a betting man, I would say that there is a Military Veteran or two in the membership. That would also mean that NAMFS forces some of our Military Vets to steal from other Vets. I would also bet that if this is the case said Vets have no idea they doing so as I know of no Military Veteran with no honor that would willing steal from a unsuspecting person let alone from another Vet.

With that Ladies and Gentlemen, Annette Rodgers and her company, AR Professional Property Preservation, who have chosen to steal from one of this country’s decorated Veterans must go on the PPI Watch list in addition due to the fact that Terri Davis is recruiting in states where she is not licensed…Terry Davis, DEA Home Property Management Team LLC , must also be added to the list.

Make no mistake about this folks. The link to this article is going to be sent to the following state’s Secretary of State so they may open an investigation. Going forward we will be doing the same to every violator of business licensing laws in every state. For the good people in the following states, WA, OR, WI, MN, IA, SD, ND, WY, NE and MT, you need to be doing the same. These companies come into your state steal tax revenues from you educational systems and deprive your children of attaining better education tools.

This is a call to all Boots to start standing up and being counted. Stop conducting business with companies that insist on violating your states laws. If a company is not properly licensed to conduct business in your state, then don’t conduct business with them, if a company such as Annette Rodgers has no website, don’t conduct business with them. Stop the illegal layering of the Property Preservation Industry and be like Auntie Nancy would want you to be and…

JUST SAY NO!!!!!!!!!!!!!!!!!!!!!!!!

Written by: Aaron Aveiro

Photograph courtesy Google Images

Opinions expressed do not reflect those of Aladay LLC

This week Guest Writer…Derek Weathers

Swept Under the Rug: Trade Worker Abuse…0c4cb4b

Derek Weathers is the Field Operations manager at IronHorse Property Preservation. Derek is also one of this country’s military Vets and a college student. For one of Derek’s business classes he wrote a paper with the title above…Keep this in mind when reading this article folks. Derek’s numbers are for the great state of Texas and Texas alone…Texas being the second largest state in the union and obviously having a larger population than most the numbers for other states are probably going to be smaller.

Derek Weathers is a business major currently enrolled at Hill College in Cleburne, Texas, and plans to transfer to UT Arlington once he finishes his core classes. Derek is in the Army Reserve. He is a Sergeant (E5) with 8 years total experience, 5 years active duty and 3 years reserve. He completed a 12 month tour in Central and Southern Iraq in September 2009. For the past 3 years, he has worked at Iron Horse Property Preservation in D/FW, Texas, as the operations director. He is responsible for the day to day routing of crews and the quality control and assurance program, along with many other duties.

That Said… the numbers if all fifty states were added together would and will be staggering. Do you have a story to tell??? Contact us today and we’ll assist…Here is Derek’s paper..

The state of Texas lost $1.06 billion in tax revenue in 2011 due to employee misclassification. Misclassification of trade workers is an abusive and illegal tactic used by businesses to reduce their payroll taxes and operating expenses. By classifying trade workers, or any worker, as an independent contractor, businesses escape the responsibility of having to provide medical benefits, retirement accounts, and worker’s compensation. By using this illegal tactic, businesses save millions of dollars a year in payroll taxes. The United States and Texas governments must regulate tax cheating companies more closely to stop trade worker abuse.
To understand the problem, and how to better regulate it, the definitions of “employee” and “independent contractor” must be defined. An employee is told what task to do, when to do the task, and how the task should be completed. Independent contractors execute tasks according to their own schedule, and choose how and when the task they are paid to execute is performed. An independent contractor receives Internal Revenue Service (IRS) Form 1099 from an employer, and is responsible for paying all income taxes. An employee receives an IRS Form W2 at the end of the calendar year. Employees receive this form because the employer withholds income taxes and pays them directly to the federal government for the employee. That is the first part of the payroll tax. The second part of the payroll tax is the funds taken directly from the employer based on a percentage of all the salaries of the employees working for the employer. The more employees an employer has on their payroll, the higher the payroll tax. Employers avoid paying payroll taxes by classifying trade workers as independent contractors instead of employees.
Although trade worker abuse may seem to concern only a small group of trade worker advocates in the United States, it should, in fact, concern everyone who cares about the health, safety, and rights of trade workers. In 2011, according to the Newspaper McClatchy, over 316,000 trade workers, or thirty-seven percent of the total number of trade workers in Texas, were misclassified as independent contractors. These numbers pose an enormous problem. A vast majority of misclassified workers do not have medical insurance, and none of them are provided workman’s compensation. This places a massive burden on the Texas government. Without these protections, payment for medical services and unemployment benefits falls on the taxpayers.
The discussion of trade worker abuse is in fact addressing the larger matter of today’s concern over minimum wage implementation. According to Nicholas Woodfield of the Baltimore Sun, without extra safeguards, wage hikes give employers a huge incentive to break the law by “misclassifying” workers in order to stay competitive (Woodfield 1). Many groups are clamoring for the minimum wage in the United States to be raised to fifteen dollars an hour. Raising the minimum wage will lead to higher payroll taxes for employers, which will encourage employers to misclassify trade workers more than they already are.
The reason trade worker abuse will continue to occur is competition and bidding in the construction industry. Yamil Berard of the Fort Worth Star -Telegram said companies that cheated on classifications have been able to take off up to twenty percent from their bid, giving them an edge over competitors who play by the rules (Berard 1). Construction companies are rewarded contracts based on bids. Labor cost account for a large percentage of an employers’ cost when calculating bids. If payroll taxes and labor cost can be kept low, then an employer can outbid his competition. In most cases, whether it is government or private contracting, the lowest bidder for a job wins the right to complete the job. The drive to win contracts is a big incentive for employers to misclassify trade workers.
Despite the fact that trade worker abuse continues to rise, many worker advocates, trade associations, and companies affected by the practice of misclassifying trade workers are working on viable solutions to the problem at hand. Trade associations and coalitions formed by companies are beginning to report companies violating IRS rules. A quote by Matt Capece from Berards’ McClatchy article “Texas Business, Labor Interest Team to Push for Reforms” explains why companies are doing this:

“Texas has a group of contractors in it that have not gone over to the dark side yet,” said Matt Capece, a lawyer with the United Brotherhood of Carpenters and Joiners of America, based in Washington. “There seem to be more people in the construction industry in Texas that want to police the industry”

(Berard 1). The trade association mentioned has endorsed a new law that fines employers two hundred dollars per identified misclassified employee. New laws are only the first step in solving the problem of regulating cheating companies.
Consequently, the best solution is a multistage operation with three objectives: identification of offenders, punishment of identified offenders, and better oversight of companies likely to misclassify trade workers. The solution will begin with a coordinated, interagency effort by the Texas Workforce Commission, United States Department of Labor, and the IRS to identify companies misclassifying trade workers. This solution can be realized by establishing a combined center of operations in Dallas. Dallas/Fort Worth International Airport services most cities in Texas, which allows for easy transportation for the combined operations center. The next stage of the operation will be prosecution and punishment of the offenders that are identified. This will be accomplished with the existing resources of the IRS and federal courts. The final stage of the solution is oversight after the initial two phases. This final stage will be implemented by using the resources established in phase one. A sustained campaign against offenders and better oversight will result in the number of misclassified trade workers dropping significantly.
In light of this problem, one conclusion is inevitable: The governments of Texas and the United States must take a more active role in regulating companies that abuse trade workers. Ultimately, workers rights, and taxpayer dollars, are at stake in this situation. The abuses of trade workers by companies that misclassify them place an enormous burden on the taxpayer and government. The United States and Texas governments must regulate tax cheating companies more closely to stop trade worker abuse. Tax cheating companies must be held accountable for their illegal, immoral actions.

 

Tip of the hat to this young man for such an enterprising idea to bring light to the convoluted property Preservation Industry. Remember folks that the industry has become in such a state of dysfunction due to the multiple layering of work order assignments by the members of the national Association of Mortgage Field Services. The fact that Eric Miller and the Board of Directors see absolutely nothing wrong with violating laws while asking you to foot the bill for a background check should speak volumes on how you approach your business model and whom you conduct business with.

Again check you local Secretary of State’s website to see if a company is properly licensed in your state. If they are not properly licensed do not conduct business with them as you are facilitating crime against your state and depriving your local school districts and children of valuable tax revenues that would be used to improve that education systems in your communities.

 

Highlighted Article written by Derek Weathers

Written By: Aaron Aveiro

Photograph courtesy Linkedin

Opinions expressed do not reflect those of Aladay LLC Ownership

IMPORTANT NOTE: Links in this article have been created by Aaron Aveiro and not Derek Weathers

Business 101….Evaluating Yourself

Not as easy as it sounds…so here’s…

Contact us today for your consultation.

Contact us today for your consultation.

 

I speak a lot against “subbing” work that isn’t necessary to sub in the Property Preservation Industry. As one whom oversees “employees” and advocates for labor at the same time I did me some shopping around…I have to admit with no “PPI Industry Standards” it suddenly dawned on me that there probably isn’t any such thing as “ Best Practices” when it comes to the PPI. Well I found that there really isn’t, however, as in many other areas of business there are “Best Business Practices”.

In today’s challenging business environment a successful company needs to be highly focused throughout the organization on maximizing profits. Employees should be empowered to do their jobs, but they must also be held accountable for the results. A management system needs to be in place to drive sales and profits! This one-page self-evaluation checklist will determine how your company compares to the industry’s “Best Business Practices” that are required for success at the highest level.

Here are a few that have helped us…

 

Industry “Best Business Practices” Self-Evaluation

Check only what is fully implemented at your company. Please be 100% candid….Sometimes it is hard to be honest when it comes to ourselves as it is not easy to say you’re wrong or made a mistake. But in order for you to truly understand your business the sooner you’ll be able to make the adjustments that are necessary for maximizing your potential an accomplishing your goals.

  • Every employee knows and understands the top priorities of the company and their job activities are focused accordingly.
  • Every employee understands how their role fits with the priorities of the company.
  • Employees are empowered to do their jobs and understand the need to link empowerment with accountability.
  • The strengths and weaknesses of the company are known and being acted upon accordingly.
  • All employees are accountable by specific, measurable and time framed individual objectives contributing to the success of the company.
  • Priorities, objectives and accomplishments are periodically reviewed and, as appropriate, adjustments are implemented.
  • The employee appraisal process and salary administration are linked to what makes the company succeed.
  • All employees know what salary increases are based upon.
  • Incentive compensation plans are linked to what makes the company succeed.
  • A formal annual planning process is in place involving management and staff.
  • Managers and staff embrace a management system that enhances the company culture, promotes teamwork and makes everyone more productive and effective.
  • A current and easy-to-update Strategic Business Plan is in place that inherently drives sales and profits.
  • Sales and profits are maximized in all phases of the economy taking into consideration industry “Best Business Practices”.
  • The company has happy customers, happy employees and happy owners.

If only one to seven criteria for success are checked, you need to make significant changes to maximize profits. We would be happy to help you make the changes. If eight to 11 are checked, you may need to “fine tune” your management system. If you checked 12 to 14, congratulations on a great management system that drives profitability…

As always I will stress again for those involved or if you’re considering becoming involved in the PPI section of the Real Estate Industry, if you’re going to hold business licenses, carry insurance then conduct business with those that have fee structures that support your business model.

During a recent conversation with a client she asked;

How do you get around these companies that are second or third in the line of subbing out the work orders?…

My response…We just tell them their pricing is not conducive to our business model…

I just love how quiet the 20-something’s with the cheat sheet get when I say that…The point I make here is if you are assuming all the risk, and make no mistake about it, when you accept a work order in the PPI YOU ACCEPT ALL THE RISK., why not start acting as a responsible business owner that accepts risk…and learn how to properly bill for your services…

Have a question??? Look to the right and send us a voicemail…have a great day!!

 

Until Next Time

Happy Gardening

Written By: Aaron Aveiro

Photograph Aaron Aveiro

Business 101 is a course offered through Aladay LLC. We also have NAARPI International Courses available.

PPI WATCHLIST….This Week a true Family Affaire…

This week…Betehl Property Services and Nortsite Management….

ALL POINTS BULLETIN FOR JEN BETHEL

No Matter Where You Are...We'll be Watching

No Matter Where You Are…We’ll be Watching

 

Well the PPI watch list has been quiet for a while but since we have and some information provided to us…only fair we share it with the industry…

Seems that Jen Bethel is back in the news with her crew of misguided hooligans. Yes that would be correct. Bethel Property Services, a property inspection company and yet another member of the National Association of Mortgage Field Services, (NAMFS),  has gone “undercover” and now it appears they have Deanna Sanchez of Northsite Management ( now keep in mind that Deanna has not referenced her work experience with Bethel Property Services on her professional profile) down in AZ pushing work out. Although the Business is listed in Sacramento Ca. Very interesting since neither business carries a business license in the state they are currently recruiting in.

I recently spoke with someone, (anonymity has been given at this time as there is a court case pending in regards to some of the players to be mentioned) very close to this situation. Some of the names that have been provided that everyone in the industry needs to be cognizant of as they are all working in some capacity with Jen Bethel of Bethel Property Services.

Seems that Jen is in the middle of a divorce and owes the IRS 100k in back taxes, mind you she is not paying the folks that conduct and complete the inspections.

Bethel Property Services was located in California and has several Ripoff Report complaints against them. Here are some of the players you need to be aware of should you be approached by any of them…

Rhonda Klemme,(Who may be in Wisconsin or Iowa) Steve Saxon, Shirley Sites, Tonya Klemme, Dave Klemme, Gary Lopez, Anna Knudson (not sure on the spelling of Anna’s last name.), Deanna Sanchez, and here’s a name that has surfaced several times over on Foreclosurepedia over the past year…Chris Dorpat

Now keep in mind that Bethel Property Services subs work/inspections for the following members of The NAMFS Regime, Safeguard Properties, NVMS, LPS, Altisource, 24 Hour, Corelogic, 5 Brothers, Spectrum, and had about 50 independent contractors scattered over the west coast and now they are moving into Wisconsin to start defrauding contractors there.

This week’s Property Preservation Watch List…A true Family Affaire headed up by Jen Bethel and her con-artist gang of scoundrels and miscreant cast of characters…Should anyone have contact information for these people please contact us.

Once again we have the Silence of Eric Miller and company when it comes to THEFT by the membership of NAMFS of the monies that rightfully belong to those financing the Property Preservation Industry. Your mother must be so proud!!!

Accessory after the fact…Fraud in the Inducement…Criminal NAMFS Members…Criminal Acts committed by NAMFS Members…

Why must this organization make me sound like a broken record???????

Let’s all have a GREAT Day…and let’s all be safe out there!!!

Until Next Time

Happy Gardening

Written By: Aaron Aveiro

Photograph courtesy Google Images

Opinions expressed do not reflect those of Aladay LLC Ownership

Business 101…Customer Service

Providing Great Customer Service should be woven into the fabric of your business…

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I thought since many in the Property Preservation Industry rely on providing “Service” as a product I might talk about Customer Service for a bit.

Customer Service is a critical element to a successful business. Whether you sell a tangible product or your product is service how your administrative and field workers handle public interaction will go a long way towards how your potential customers approach you, or… complain about you.

It’s hardly surprising that half of small businesses fail within the first 1-5 years. It’s not easy to launch a new product, single-handedly manage everything from IT to accounting, fend off the competition, and grow a customer base — all at the same time. A great concept, capital, passionate employees, and a private chef can only get you so far. Offering awesome customer service can make the difference between a startup that flies and a startup that dies. Here are a few ways customer support can help you beat the competition and grow your business faster.

Many successful businesses with more than 6 employees usually stress unity and working together with “teamwork”. No matter how large you get with employees, everyone has to feel like an extension of management so your company’s “Customer Service” is all teamwork all the time. Every company I have worked with that was a success had scheduled company meetings where all employees participated in addition, safety issues were always addressed at the meetings. Before we leave that…just because you do not leave the building does not mean you’re immune to “safety issues”…

One should always remember that when you start speaking “Teamwork” you, the Chief Bottle Washer and Crapper Cleaner, will need to demonstrate that you not only know how to perform services in the field but be prepared to get your hands dirty when the time comes.

Currently there are so many products on the market that will handle your specific needs when it comes to technology needs, there is software somewhere for everything!! However, when it comes to Customer Service interaction is required, very similar to the fact labor is required to complete a service.

One of the biggest obstacles as has been for many years are time zones when dealing with clients. Always keep this in mind as an upstart. Sometimes there will be 22 hour days. Something you will want to analyze is what will be the best way to schedule certain Administrative Personal to handle clients in other time zones, for some reason the head ching-a-dera is always the one talking to someone at 4:30 AM while the steam of the hot coffee is slowly prying their eyes open so you can focus on the computer screen that just blistered your eyes the day before…Remember scheduling…this should be a major consideration when you start developing your Company Brand and Business Model…

 In these never ending days of rapid techninological change…boy sometimes just to talk to a person…Some of the biggest complaints I hear from clients is the “Automation” when you really do need a person to speak with. Customer Service is very “sterile” when there is no human interaction. Think about various social websites…there is no one to call everything is done via email addresses. That is not to say the websites themselves do not lead to human interaction, but the “Customer Service” you receive from one of the social media sites leaves you seriously wondering if that is how things would be handled face to face?

The second biggest thing is a wait time. When Customer Service is needed, it is usually something you want right now. Face it there will always be times when a customer has to wait. How you and your company shows autonomy will go a long way in keeping the client. If you absolutely have to keep a client or customer waiting be prepared to atone, little Humble Pie just taste’s funny, it won’t kill ya…

Regardless of how you make amends you should always remember that every customer and client is your ambassador. People have a tendency to forgive when one shows contrition and when an issue is rectified that becomes a plus as that becomes that last line in the conversation…

Well there was this one time…and when it was said and done not only did they fix this issue but they assisted by providing service over here…I give you, your Ambassador…

Personalizing your service will go a long way to establishing you in your local communities. At the same time your Customer Service becomes interwoven with your brand. You reinforce your brand with every aspect of your business. You want every customer or client feel like they are heard and feel like they are valued.

Remember that with Customer Service your goal is the end game…satisfaction, not timeliness, you “amount resolved”…Satisfied Customers, Customer Service is all about satisfaction. Learn to identify and learn from your rare failures and celebrate the successes. Customer feedback is definitely one of the biggest drivers for your product roadmap. Your product has features that are used and you need to be very methodical about how you plan upcoming changes and additions. Customer service is key to helping you see how your product is being used, what could be better, and where to invest your development time so that you’re always working on the things that will do the most to move production the direction you want.

So listen to your customers and clients, they use your products and their ears are closest to the ground for information you need to plan.

Technology allows us to connect everywhere right now and so should your Customer Service if applicable. From start to finish your clients and customers should have a great experience with your company, and that should be your focus with your Customer Service operation of your business.

No matter what medium your customers use to contact you, they want to be heard. Staying connected to your customers gives you a social media presence. This presence is vital to the health of your company. Make sure you provide the avenues for your customers to travel to your company. Whether contact is via FaceBook or the Phone, your customers want to be heard. It’s very effective to shout out to other companies that you like and that have similar missions. When you align with the brands you want to be associated with, you can reach more people together. And, don’t forget how valuable this medium is for having a casual conversation with your customers, more like a friend. We regularly share photos and information about our employees at work – that helps you build a connected stream of emotion with customers and makes them feel like they are part of your team.

The most important thing is to keep your content fresh. You want to give your followers new content regularly; otherwise they will start to look away. A good tip is to keep a collection of great images so you always have something ready. The other thing that a lot of companies could do better is to respond more quickly. No matter what medium customers are contacting you on, they want to be heard. They may not be calling you on the phone but if they are trying to get service, you need to respond right away.

In this day of technology driven business providing great Customer Service can sometimes be overlooked as part of the process you set up with said technology. Never forget your customers are people…something I stress with our employees.

How would you want your Grandmother treated as a customer? Your Mother. How would you want them treated? When you answer that you’ll have GREAT Customer Service…

Something to consider as you look at shifting Business Models or even if you’re starting up and getting ready to hang your shingle, Customer Service is something you want to address in the beginning and develop sound policies for your company. As always we’re here to help.

Questions?? You may send us an email or leave us a voice mail using the Speak Pipe feature in the Right side bar…

 

Until Next Time

Happy Gardening.

Written By: Aaron Aveiro

Photograph Courtesy Google Images