Category Archives: Business Financing

Emplactors Versus Independent Contractors

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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Are there any Independent Contractors actually working the PPI???

The Executive director of..."We're Not a Policing Agency"...
The Executive director of…”We’re Not a Policing Agency”…

Eric Miller along with the membership of the National Association of Mortgage filed Services must breathing a sigh of relief at the fact social media has gone dark in respect to the bitching and moaning that was a staple about the members of the Industry Leader for the past five years.

With the annual Fraud Fest  on the horizon  Mr. Miller finds himself shaking off the Hummel Affect,  What Mr. Miller cannot escape from is the fact that he has supervised a massive amount of crime and did nothing to stop it. As a matter of fact he has been the pitchman for the Illegal Aspen Grove Solutions background checks and the insurance fraud that is running rampant in the Property Preservation Industry (PPI).

Insurance Fraud you ask??? For a while now I have been saying that forcing a company to purchase insurance from an “approved provider” is poppycock. That it is not how business is conducted. For that matter, a business being forced into any scenario that forces you to make a purchase from one vendor is not kosher.

But then again Klien over at Safeguard Properties is very familiar with non-kosher actions; he has been forcing them on the Emplactors*** of the PPI for years while lining his pockets and other members of the National Association of Mortgage Filed Services.

So I have to ask, why are the members still allowed to force companies to purchase insurance or back ground checks on an Independent Contractor?

Well let’s clear something up. There are no independent Contractors in the PPI. There are only Emplactors that are scared to stand up and say no. All the true Independent Contractors have moved into other factions of the Real estate industry.

For example, Aladay LLC recently told Altisource that if they would services completed they would have to pay for them. That’s right pay for them. You see when numbers do not line up in the column that is black you lose monies. Same goes for every other goofball that has come calling for the past 5 years. Since we have been in business our policy has been to bill for our services. We actually cut off all Order Mills three years ago.

That is correct. Even out the gate the National Order Mills numbers will not work in the back country, or what are commonly called “Rural” areas. We perform no $25 lawn cuts, or remove 60 yards of debris for a $400 flat fee, we have never included hazards in our debris counts, nor have we ever completed the quasi illegal and proven failed bleach and kilz procedure and called it mold remediation.

What many people fail to comprehend is that when Aladay LLC got into the Property Preservation Industry…Fannie Mae recruited a business, not someone starving looking for a JOB on Craigslist. We had our business license and insurance. We negotiated fees that were based upon our costs of doing business. For the first year we hired employees to complete the services.

Then something happened along the journey. We went to a training seminar hosted by Field Asset Services (FAS). What we found was that everyone was selling their company and keeping their contract to sub the work to the buyer of the business they just sold. So we examined things and thought why not???

So we came back from the training seminar hosted by FAS and we wrote contracts so we could “sub” the work…We did this by removing Field Asset Services (FAS) from the contract we signed with FAS and placed Aladay LLC into the contract.

A very fortunate thing happened to us about 65 days later. One of the people we let a person whom fell out of a vehicle with a 22 ounce Coors in his hand, whom we considered an Independent Contractor (IC) filed for unemployment. This idiot did so without paying into the tax structure that IC’s are supposed to pay. This triggered an investigation and review of our contract.

We got off lucky when the contract that we signed with FAS FAILED THE IC TEST. Our fine was nominal…well…considering the volume we were handling at the time. You see our back UEID (Unemployment Insurance Division) fees were only 18k and because the UEID lady felt we were duped by a NAMFS member they withheld fines that would have been about the same as the back fees we were required to pay the UEID folks.

So I started beating the drum for education and training in the PPI. Part of the education process became the Business 101 package I developed. I developed this package as many I was speaking with had no clue what a Break Even Analysis was, let alone what Break Even Point even meant.

So now we have scenarios that are still the same. Recruiters continue to search out people looking for employment instead of searching for an established business to complete services. WHY???

Simple…you can direct and control an employee. You can force them to have a back ground check from a company that has forged documents in four different states and make them buy insurance that covers them and not the buyer. You can instruct them in how to complete a service. You can tell what you are going to pay them. You can tell an employee what tools they have to use. You can tell an employee what materials to use. You can tell employees where to purchase their materials. You can tell an employee what clothes to wear. You can tell an employee when to complete services. You can make employees believe they cannot place a lien on an asset. You can make an employee believe they have no choice in the method they are directed and controlled. These are all items that one cannot do with an Independent Contractor.

So while you’re choking down those corn flakes this morning as you run out the door to complete twenty those $25 lawn services so you can break even on the day, consider the fact that you are not an Independent Contractor. Consider the fact the Field Asset Services has settled their lawsuit, Bowerman v Field Asset Services LLC. And here is one of the controlling factors as to why FAS has settled…

One of the motions was for documents. Now when lawyers of companies traded on the New York Stock Exchange have legal issues they immediately ask for every document possible. This procedure is called a “Motion of Discovery”, and it was no surprise that the FAS lawyers asked for a massive amount of information that was not only irrelevant but was none of their business. When lawyers request massive amounts of information it is only to buy more time. In this particular case FAS lost their request the irrelevant information. Here is the courts conclusion

The Court finds that the Bowermans’ Schedule Cs, payroll tax records and 1099s (Document Requests Nos. 8-10, 61-63) are privileged and do not need to be produced. On this record, the Court finds that the Bowermans’ bank statements (Document Request No. 15) do not need to be produced. Finally, the Court finds that information regarding what the Bowermans paid their subcontractors, employees or helpers (Document Request Nos. 6 and 7) is not privileged*66and must be produced.

So as FAS slithers off into the night to lick their wounds and figure out how they are going to come up with the revenue to accommodate the settlement the other members of NAMFS, including those that are 2nd and 3rd tier and Otherwise Unspecified Order Mills are quaking in their boots as they know the writing is on the wall.

You see the cases that have been decided are only for the state of California. The cases are Hurst v Buczek and Bowerman v Field Asset Services LLC. Both are/were members of NAMFS under the supervision of Eric Miller.

Now I know I beat Mr. Miller like a rag doll at times in my writings, but the truth is I have no malice towards Mr. Miller, I also have no respect for him. Have any of you ever wondered why no one can shut me or the Lunatic in the Mountain up??? Simple really…we have been speaking the truth for the past 6 years.

So when I hear the rhetoric from members that have aligned themselves and support NAMFS, “We will facilitate change from within”… this from members that continue to assist the functioning of an organization that is a disgrace to an entire industry, you’ll have to excuse my skepticism. I say this as Mr. Miller’s word has been no good to the good hard working women and men that continue to front the monies to float the PPI and facilitate the criminal activity that Mr. Miller supervises every day.

As the court cases continue to mount against the members of NAMFS, the organization is in serious flux. Elections are coming up, and let’s make no mistake about this…the results will have a direct affect on those financing the industry. While I do think that change for NAMFS is a must, I have to reserve the applause as the changing of the guard has not happened yet and may very well be a Status Quo. Unless the mentality and faces change then NAMFS will remain a disgrace to the PPI.

So while you’re choking on the dust from those dirt fields you have to have those action photos on so you can get paid to break even today consider this fact.

Your’re an Emplactor…huhum…..Employee and you should be paid time and a half for the last 4 hours you have worked today.

 Until Next Time

Happy Gardening

Written by Aaron Aveiro

Photograph courtesy Google images

Opinions expressed do not reflect those of Aladay LLC Ownership

*** For those of new to the PPI an Emplactor is a incorrectly classified Employee as an Independent Contractor with specificity to the Property Preservation Industry.

PPI Watch List…Solid Foundation Properties

Organics Admin
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Organics Admin

COO at Aladay LLC
Organic Farmer, Property Preservation Specialist and Custom Glass & Wood Worker. Blogger extraordinaire...
Organics Admin
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If you want to work and be scammed by Solid Foundation Properties…DON’T ask for a contract….

 

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

Well just when you think the smoke is going to clear some bottom feeding vermin slithers into the picture forcing you to realize that the Property Preservation Industry is none like any other.

Yesterday, I received an email form someone investigating a company, Solid Foundation Properties, the company that was recruiting him and his family. You’ll notice was in italics as they are no longer recruiting this Gentleman and his family to dup, amazing what a couple of questions will do to tell you just what a company’s intentions are. The Company has been moved to the top of the PPI Watch list for the following reasons.

Now I was told by Trinity whom answered the phone that they have offices in Lafayette LA, the office I apparently called in Georgia and an office somewhere in the Big MO!!! A quick look at the canned website and the fact that is was done this year gives pause. But their actions are what have placed them atop of the PPI Watchlist…

First allow me to lay some background here….The first email I received…

Aaron,
I picked up your email on the subbers forum on linkedin.  I have forwarded you this email because I am skeptical about doing work for this company.  This is an email they sent to me after speaking with them.  I am in Belton, Tx and found the ad on CL. Their contact number and office (allegedly) are in Lake Charles, LA.  Jamie, who sent me the email, gave me her cell number which is from New Jersey.  They asked if I had Gen’l Liab Ins (which I don’t) and said on second call that the “boss” said it was fine but it would cost me 4% of my pay.  I have never worked as a property preservation contractor but need the work.  I do lawncare/landscaping but this year has been slow and need the work.  I don’t want my desperation to survive cause me to make a hasty decision.  I’ve done some due dilligence but I just don’t have the warm and fuzzys about them.  Can you help?  Thanks,

Now the gentleman that contacted me as you can see is not too thrilled with the company…The first RED FLAG….. this statement….  They asked if I had Gen’l Liab Ins (which I don’t) and said on second call that the “boss” said it was fine but it would cost me 4% of my pay. …A Poe-Dunk Company out of Georgia is going to provide insurance for 4% of your gross???? SORRY not Likely…

This was the first email…

Please call me

In regards to the debris removal orders DO NOT REMOVE ANY PERSONALS FROM PROPERTY ONLY TRASH.

Thanks!

Jamie Pesoli

Solid Foundation Properties

Office (337)205-7447 EXT 409

Cell (201)873-2848

 That email  was  accompanied with a Word Document for a work order and an Excell spread sheet with some pricing…

Now before the Gentleman could response to anything this was the second email he received…

Welcome to our team!!!!

There will be a $100 trip charge to service the meridian and Itasca property. Please feel to call me if you have any questions . we are overnighting two digital locks  to you. Please complete Itasca and Meridian ASAP. Even if you have to send your pictures to my cell phone instead of email that will ok as well. These are critical orders. Please call me if needed. Your best bet is too call my cell phone. (201)873-2848

Thanks again!

Jamie

WOW!!!!!!! He’s on the team…Bada-Bing Bada-Boom!!! Forget the fact that he had not responded to the first email… Let us keep in mind this gentleman has a small lawn service for select customers and out of the blue Solid Foundation Properties contacts him and WHA-LA he is on the team!!!

We I informed the gentleman that this really sounds like a scam company but we decided to go a step further…this was the gentleman’s next email…

Jamie,

For mold, what’s your policy on how to take care of it? Thanks,

Jamie’s Response????

From: “Jamie Pesoli” <jamie@solidfoundationproperties.com>
Date: July 15, 2015 at 3:12:53 PM CDT
To: XXXXXXXXXXXXXXXXX>
Subject: RE: work orders/ overview

Please take plenty of pictures of the mold and we will work something out. How’s it going in Itasca and Meridian?

Notice that Jamie has assumed that the work is being completed while this Gentleman is attempting to acquire information about the workloads and services required. Now you’re going to love this next exchange…On my advice the Gentleman request something in writing like a contract….

Jamie,

I apologize for not contacting you sooner.  I’m going to need something in writing before I can move forward with any work.  I will also need something stating what each task pays.  Some of the items on the excel spreadsheet seem underpriced and are inconsistent between properties.  In regard to any work you need done right away in the absence of a contract the jobs will have to be paid in full or in large part before any work is done. Sorry for any inconvenience. Thank you,

The response???? Sit down if you’re not doing so at this time…

From: “Coylette James” <coylette@solidfoundationproperties.com>
Date: July 15, 2015 at 5:21:35 PM CDT
To: XXXXXXXXXXXXXXXXX>
Subject: Locks

Good Evening XXXXXX,

I understand you are unable to service our orders which was sent to you yesterday.  We sent you 2 locks because we thought you would be working with us.  In light of this new development, I need to have those locks picked up.  Will you please call me in the morning so I can facilitate the retrieval of them.

Thank you,

Coylette James

Office Manager

So now let me get this straight, you ask these people for a contract and you can no longer assist a company??? Now if that isn’t a load of BS….This Company, Solid Foundation Properties, must be a scam artist company. Why else would Solid Foundation Properties send locks to someone that they had two email exchanges with and then pull the plug suddenly and stop recruiting the candidate when he asked for a contract???

Ladies and Gentlemen let this be a lesson in due diligence. Do yours before you accept work orders from a scam company. Oh and guess whom is behind Solid Foundation Properties???

You guessed it…Altisource…..

This is  not the first time that a company using the Name Solid Foundation Properties. many of you will remember the Infamous Bernidine Beafore down in Las Vegas who was actually sued by a company in Reno to recover costs and fees that were owed…Stay tuned as we are looking into the Solid Foundation Properties as it appears that this name for a company has been used several times around the Property Preservation industry. We are in the process of researching ownership of said companies and we’ll definitely let you know if there is a trail of…..

For today Solid Foundation properties is officially on the PPI Watch List

Oh PS Minority Owned Solid Foundation Properties: Not having a contract makes everyone your employee…Are you licensed to conduct business in Texas????

To the Gentleman whom contacted us…Thank you for having faith in us to provide you some solid information before getting scammed….

Until Next Time Folks

Happy Gardening…

Written by: Aaron Aveiro

Photograph courtesy Google Images

Opinions expressed do not reflect  those of Aladay LLC.