Category Archives: Foreclosurepedia

Employee or Independent Contractor…Question has been answered

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COO at Aladay LLC
Organic Farmer, Property Preservation Specialist and Custom Glass & Wood Worker. Blogger extraordinaire...
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This entry is part 4 of 4 in the series PPI Watch List
Time for a vacation

For about seven years now there has been an ongoing debate whether the Property Preservation Industry (PPI) is Employee based or Independent Contractor based. Friday March 17, 2017 the Honorable

William H. Orrick has finally laid the debate to rest. Now many are not going to like his decision, mainly the Offender Members of the National Association of Mortgage Field Services, (NAMFS).  So here is podcast number one .

No Matter Where You Are…We’ll be Watching

Now many of you are probably asking how this decision will affect your business. Well for the Emplactors afraid to open their mouths, for them nothing will change. However, for business folks that have kept records you may have a payday coming….in 2010 alone our company had over $50,000.00 in reimbursable fees. Yes, phone systems, dump fees, hourly wages, transportation costs, and tools for this job including the laptop we had to purchase to use the Pruvan system. With that thought I’ll queue up podcast number two.

PPI Watch List Honorary Inductee. EDNAMFS For knowingly Allows members to skirt business laws.

Now for whatever reason back in 2010 when the Hurst v Buczek. came to light NAMFS did nothing but double down on allowing the illegalities of the membership. This organization did nothing even after the May 2, 2012 final ruling, the “ED” nor the Board of Directors lifted a finger to stop the improperly licensed membership or the incorrectly classified IC Employee mess. Instead of cleaning the mess up five years ago Eric Miller has allowed this nightmare to continue.

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Yes ladies and gentlemen…you are an employee just like I said six years ago in a Linkedin forum that had Don McPhearson demanding I “be specific” with my claim that NAMFS was and I still maintain to this day is responsible for the deterioration of the PPI.  At that time I made the claim we are Employees not IC’s. .. I knew then I was correct, how you ask???? Simple I removed FAS from the contract and inserted Aladay LLC. I then sent it to our local UEID, Unemployment Insurance Divison office, and had the contract reviewed “before” we hired or used it for Independent Contractors. Jennifer at the UEID office said …this is nothing more than an Employment contract and anyone work g u Dr it would be considered an employee.

 

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For years I asked others to do the same. I even broke contracts down by removing companies name and inserting “Company A” & “Company B” and translating the legal ease into English.  See Kim Savage’s group on Facebook the series may ve archived there as that was where the videos were posted… I have been saying for a very long time we are employees. I know some if you do not want to five that fact. That is your choice. You can get you paperwork together and get paid or you can continue to argue with me and others in the face of the courts decision, your choice.

Myself I’m getting  our paperwork together for payday…BTW in civil litigation damages are treble…or 3X what the original damage was….2010 is looking awful good….and right about now so is Tahiti.

Until Next Time

Happy Gardening

NAMFS Offender Members Cost HUD 2.09 BILLION

Organics Admin
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Organics Admin

COO at Aladay LLC
Organic Farmer, Property Preservation Specialist and Custom Glass & Wood Worker. Blogger extraordinaire...
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indexa

This past week has seen a lot of activity in the Property Preservation Industry. Sources have been sending information from NAMFS Offender Members suing each other while a 264 million dollar contract sits on the table unserviced then the OIG states…

The U.S. Department of Housing and Urban Development (HUD), Office of Inspector General audited HUD to determine whether it paid servicers’ claims for properties that did not foreclose or convey on time. We initiated this audit due to concerns that HUD overpaid servicers’ claims for FHA insurance benefits.
HUD paid claims for an estimated 239,000 properties that servicers did not foreclose upon or convey on time. HUD paid an estimated $141.9 million for servicers’ claims for unreasonable and unnecessary debenture interest that was incurred after the missed foreclosure or conveyance deadline and an estimated $2.09 billion for servicers’ claims for unreasonable and unnecessary holding costs that were incurred after the deadline to convey.
We recommend that HUD issue a change to 24 CFR (Code of Federal Regulations) Part 203, which corrects deficiencies that allowed an estimated $2.23 billion in unreasonable and unnecessary costs to the FHA insurance fund. These changes include a maximum period for filing insurance claims and disallowance of expenses incurred beyond established timeframes. We recommend that HUD develop a strategic information technology plan to make significant operational changes to HUD’s monitoring of single-family conveyance claims to ensure that servicers comply with foreclosure and conveyance timeframes. We also recommend that HUD develop and implement controls to identify noncompliance with current regulations at 24 CFR 203.402.

An example of one of these Offender Members managed properties can be seen here.

Keep in mind ladies and gentlemen, that 2.09 BILLION, you and me, the tax payers. Who do you think the Offender Members of the National Association of Mortgage Field Services wants to blame??? As always with Eric Miller and the nepotism network of Offender Members thieves Miller supervises on a daily basis, Labor.
Make no mistake about this organization of cut throat bottom feeders. They will find away to blame Labor for their illegal actions. They will attempt to pass the buck and act as if the powers to be “made them do it”. They will say anything. To avoid culpability for their criminal activity.
However, I think different…No I believe we’re going to see some change. Albeit forced change as the gutless Eric Miller is not smart enough to supervise constructive change.
There may also possibly be some charges. As the debate time approaches I’m guessing Millerand the criminal Offender Members is pulling up a seat hoping Shillary Clinsanto does well after all she has mortgage and FBI buddies that Miller may be able to end round things should he be able to grab an assist from Wells Fargo, another Offender Member of the National Association of Management For Stealing,(NAMFS) .
Also of note this week a ruling from the Nevada State Supreme Court should have a serious bearing on the PPI.

Owners, contractors and subcontractors need to be aware that they may be liable for liens on a project even if proper contract payments were made. This is true even if an unconditional release has been received because lower-tiered contractors must actually receive payment for work that benefits the owners, contractors or subcontractors…

Wonder which of the Offender Members will be the first Offender Member to get slapped for not paying a Nevada PPI Contractor??? Which of the Offender Members do you think it will be?? This ruling opens doors for slam dunk cases. If you’re literate and can fill out a form you should be able to collect, that if you have the guts to actually demand your money. So many people eat contracts so they won’t rock the boat. Afraid they won’t get any more work orders they won’t get paid for completing.
As more court cases and investigation start coming to fruition involving Offender Members one has to wonder where Miller’s head is??? I would have thought the Hurst v Buczek case would have woke him up and and adjustments would have been made. No, but then Pecuniary Greed never thinks rationally. No, Pecuniary Greed just like the Offender Members continue to say feed me.
It will be very interesting to see how things with Crono Solutions, Q Integrated, Matt Martin Real Estate, and Caliber all plays out. After all 264 million dollar contract currently sits helplessly on the table while any fines for late services HUD will be forced to pick up, ie…the tax payers. Same people that will pick up Well Fargo’s fines for cheating people, but that’s none of our business.
As always folks you can catch my daily updates on American Matters AMNews or stop by Foreclosurepedia for the latest in breaking news on the Offender Members in the PPI.
Until Next Time
Happy Gardening