Category Archives: Subber List- No Pay Companies

Business 101…Altisource and the Forced Lien Waiver

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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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Forced Lien Waivers…Legal or Illegal???

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

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

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

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

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

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

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

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

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

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

Are Forced Lien Waivers Legal in your state?

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

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

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

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

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

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

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

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

admin-7About Scott Wolfe Jr

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

Until Next Time folks

Happy gardening

Little Man on the Herky-Jerky…

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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Little Man
Little Man

For some time now I have been saying that there is a conspiracy type issue plaguing the Property Preservation Industry. Perhaps I have been disillusioned with the idea of how one works hard to accomplish a goal. Or perhaps I imagined some sort of fantasy of an idealistic business world in an unregulated industry where people actually conducted business instead of scamming everyone they can. Or perhaps I’m right in thinking….

Ok…come on out…What are you doing lurking in the bushes Little Man…

Oh come on Man..even the Yard Art is paying attention to you right now…

What on earth Little Man?????

You com’on Man you know you’re about ready to be so giddy you’re gonna start doing the herky-jerky man…come on you know you are…

Well I must admit…well..ya know sometimes…just…

Hey what’s all the Melancholy stuff??? Where’s that goofy jiggy thing you do…I mean really now the trees are leafed out enough the neighbors ain’t gonna see.

I know, Little Man…it’s comin’ don’t worry ‘bout that. But ..Ya know sometimes you just don’t want to say I told ya so…

What do ya mean??? Why not???

Well in this particular case Little Man, there is just no satisfaction in being reminded of how I know beyond a shadow of a doubt I’m right…just don’t want to be reminded.

AAwwweee..I can understand that…now where’s the jig?????  WHAT!?!?!?!?!?!?!?!?  you mean you feel for the guy???

Oh not a scouch…There is one thing I have always kept regardless of the circumstances is my integrity..

Ya you’re right there not many people in your position could ask a judge to make deal directly with him without some sort of integrity in play..

Little man…how long you been lurking in the bushes??? Never mind, I may not want to know.

So why do you think that crime boss guy let him in the circle??

Are going there again Little Man??

Well someone’s gotta…

Ya…I know. The thing is I have thought for a very long time and I’ve said; The background issue in the PPI being forced on only one sector of the PPI..namely Labor..is covering something. As my interpretation of the CFPB mandate is on every person on every level of the PPI…

So you mean…

Exactly what I said two years ago; That means every person involved at any level must have a BC.

Wow that could cost some companies a nice piece of change at $65 per check.

Ya…and ain’t that gonna be a hoot on top of any fines that are also going to be coming. I’m betting companies like Safeguard will have some damn legislation named after them.

What you mean???

Well with companies like that they always try to dress the duck in a skirt and play nice for some sort of forgiveness’ because the fines outweigh their operating capital.

So why would affect them???

If a company that size is not liquid they cannot negotiate any contracts…

Why not???

Cone on Little Man…Would you hire someone that you knew could not deliver?

OOOOOOOOO…ya I see what you mean.

Well what about the embezzler???

Ya ..there’s Irony for ya…There is absolutely no friggin’ way Miller can play stupid now…no way.

In addition the SEAS mess…I’m seeing 87,000 conspiracy/accessory issues cropping up as the SEAS fiasco unrolls…I feel sorry for no one.

Didn’t you and some guy start a group over them is 2012???

Good memory Little Man…and the Gentleman’s name is Jimmy Shelly

And yes it was in 2012…as a matter of fact…Jimmy created the group called Subbers List-No Pay Companies on July 25, 2012. I only joined…may have been the first member so I could post to the group…something like that…But Jimmy deserves the credit for alerting the PPI about SEAS back in 2012.

So why have they been able to operate for three years???

Emplactors…

Oh them…still think they they’re a business owner.

Well technically, they are…but yeah because the Emplactors would not come together and say no as a collective unit. In reality, the membership of NAMFS has to assume some responsibility for the crime factor because they would not sanction or censure the members.

You think Miller is going to have problems???

Yes I do Little Man. The Hummel effect will come into play. Miller can no longer say they are trying to protect the neighborhoods. He will have to acknowledge Labor on this issue as Hummel has damaged Labor with the policies he institutes for his employers.

I’m lost the neighborhoods???

Yes, when Miller made it look like Labor was solely responsible for all the criminal activity in the Huffpost interview. Look, I better than most, understand a Background check. A background check is to prevent a person with a history of auto theft from selling cars, or a convicted pedophile from obtaining work at a day care center or public library. It is also to protect the public from a company having a person with a fiduciary crime back ground from writing QC policies that involve financial penalties.Back ground checks are not just to protect a company from liability, they are also to protect the public from certain employment hires.

That’s why you keep saying the CFPB states all levels. So you think the Miller…or is there more???

Yes I do…it makes me wonder how many other individuals in Hummel’s position within the ranks are being protected by forcing the attention on Labor…and now…absolutely no way you convince me pockets are not being lined. As to more..well yeah I do..I think the membership..the board of directors and the major players of the membership had some conversation and interpreted the CFPB’s new policy to exclude them because it would cause a major employee turn over..

That’s bold for you…

No Little Man..calling a spade a spade…There is absolutely no way a DA cannot connect the dots…in this case All roads go back to NAMFS’ Membership and the what is going to be interesting to watch unfold will be the forensic team going to work. When they start collecting the social media statements and articles they will not have to obtain a warrant for….Everyone by-and-through their silence is an accessory.

You even the pre….

Yes even the pretty girls in Southern California…and everyone else I’ve offered an interview to in the PPI that has declined…that was their opportunity to get something on record stating they did not agree…

I get it…anything no matter how small would benefit a member?

Exactly…simple statement…but they have all made their beds…

What about now???

Well Little Man…I believe it is too late. The silence that has served the organization so well in the past will now become a weapon for the prosecutors.

So What now???

We focus on the upcoming fund raising auction…

Oh Yeah I almost forgot…How’s that coming along???

Well The organizing for the catalogue is about complete, the date has been set for May 16, 2015 and I will have a Phil Austin article up later promoting the event…

So we’ll have different subject matter to discuss after the auction? Phil Austin?? Ain’t that water color guy??? The one that China asked to paint something for their museum???

Well just not as much in the PPI arena Little Man…just not as much. We will always be writing and investigating stories and giving thanks to the Irony NAMFS provides on a daily basis..but we will shifting gears if you will…and I see you’re on the “well rounded” side huh???

I thought everyone knew about Phil…he’s really good and don’t you have an original for the auction???Don’t you mean to use the term “Business Model”???

Yes we do…and just what do you know about Business Model and using right terms???

I know what you know Dummy….

Oh that’s right…and with that Little Man tipped his hat put the coffee cup down and started his journey back into the crevices of my mind

Over his shoulder he inquired…Hey..Ya think they’ll listen now…

Perhaps some will Little Man…perhaps some will…

With that he disappeared…as I started into the house I started to skip with that herky-jerky side step when suddenly I heard…

Gotcha!!!!!!!

Until Next Time

Happy Gardening….

Written By: Aaron Aveiro

Photograph courtesy Led Zeplin IV album cover

Opinions expressed do not reflect those of Aladay LLC Ownership.