New ME Scam out of Texas????

[notorial dissent]

Prof, or anyone else for that matter, have you heard of an outfit that goes by the initials of EFDS? Seems to be working out of Texas, Travis county in particular. They are claiming that they can use "an ex parte, judicial review process" to defeat foreclosures.

[AndyK]

See Quasimodo at the Sooey site : http://www.suijurisforum.com/quiet-titl ... t1525.html

[notorial dissent]

Yes, but what does it relate back to??

[Prof]

I have never heard of this outfit.

But, in non-scam developments:

Bexar to sue over lost fees

The district attorney's office will ask the Commissioners Court at its Nov. 1 meeting for the go-ahead to hire a law firm to sue Mortgage Electronic Registration Systems Inc., which claims to hold title to some 60 million loans around the country.

“There has been a process developed specifically for the purpose of circumventing the recording procedures and statutes in reference to real property,” District Attorney Susan Reed said. She didn't immediately know how much the county will seek in financial damage. “I just know it's going to be high,” she said, adding that it's millions of dollars.

Dallas County last month sued MERS, claiming the county is owed at least $58 million and possibly more than $100 million from MERS-related mortgage assignments that never were recorded with the county clerk.

Harris County estimates that it's owed at least $10 million in unpaid fees and possibly as much as $100 million with penalties. On Tuesday, the county attorney's office will seek the authority from the Commissioners Court to hire the law firm that's representing Dallas County.

“MERS has jeopardized the clear title of every Texas homeowner with a mortgage and has cheated Texas counties out of millions of dollars in property recording fees,” County Attorney Vince Ryan said in an email.

In a statement after the Dallas lawsuit was filed, MERS said its “business model and practices are legal and comply with the recording statutes and regulations of Texas.” A MERS spokeswoman declined to comment for this report.

Virginia-based MERS was formed by the mortgage-banking industry in 1995 to “streamline the mortgage process,” it says on its website. Its shareholders include Bank of America, Chase, CitiMortgage Inc., Wells Fargo Bank, Fannie Mae and Freddie Mac.

A bank that makes a mortgage loan to a homebuyer may opt to sell the loan, allowing it to make new loans. Generally, the mortgage assignment then would be recorded with the county clerk to protect the security interest.

But that process was too burdensome for the industry with the advent of Wall Street's pooling of mortgage loans and selling them to investors, said Stephen Malouf of Malouf & Nockels LLP, the Dallas firm suing MERS on behalf of Dallas County.

“If you're packaging up 10,000 mortgages to issue mortgage-backed securities on, and you have to file 10,000 assignments in the (county) records, it's decidedly more cumbersome than if you don't have to file them,” Malouf said.

....

Read more: http://www.mysanantonio.com/news/local_ ... z1bhyIBTsq

http://www.mysanantonio.com/news/local_ ... 232965.php

As many of you know, MERS is an attempt to allow mortgage/deed of trust transfers without recordation in county records, as notes have been bought and sold and resold. Recordation of the transfer of the interest in the collateral is accomplished, says MERS, by recordation in its data base.

As an aside, I can say with great pleasure that Steve Malouf was my law student many, many years ago, and, although I wish I could, I certainly cannot take any credit for his many accomplishments.

[Judge Roy Bean]

Let me guess - Ex-parte Foreclosure Defense Service(s).

Stand by - soon you, too, will be able to pay for the package and learn the secrets.

[notorial dissent]

I hadn't thought of that anagram, getting slow in my old age, but I'll bet it is spot on and what we are dealing with here.

[wserra]

Endless Fraud Detection Services. They appear to do title searches. They neither tell you how much it costs - always a bad sign - nor why what they do is any different from the title search done by the company that wrote your title policy.

You do have title insurance, right?

Its "CEO" is one Neil Switkowski of the Austin area. One Neil Switkowski of the Austin area has had his own very recent problems with living arrangements. It appears that, twice in the last three years, he has been evicted, each time incurring a judgment against him. Those judgments (each had a prior eviction proceeding):

Filing Number:056784
Filing Type:CIVIL JUDGMENT
Action Type: CIVIL JUDGMENT
Unlawful Detainer: YES
Filing Office:TRAVIS JP CT 2 - AUSTIN
8712 SHOAL CREEK BLVD SUITE 100A
AUSTIN, TX 78758
Filing County: TRAVIS
Filing Date: 01/14/2010

Debtor Information

Debtor: [ additional debtor redacted]
Debtor:SWITKOWSKI, NEIL
[address redacted]
Debtor Type: INDIVIDUAL
Debtor Amount:$1,268.00

Filing Information

Filing Number:054550
Filing Type:CIVIL JUDGMENT
Action Type: CIVIL JUDGMENT
Unlawful Detainer: YES
Filing Office:TRAVIS JP CT 1 - AUSTIN
3230 E MARTIN LUTHER KING BLVD
AUSTIN, TX 78721
Filing County: TRAVIS
Filing Date: 05/19/2008

Debtor Information

Debtor: [additional debtor redacted]
Debtor:SWITKOWSKI, NEIL
[address redacted]
Debtor Type: INDIVIDUAL
Debtor Amount:$1,500.00

Oh, and they claim an address of 7901 Cameron Rd. #2-325, Austin, TX. Here is the directory of current tenants of that building. Anybody see them?

[notorial dissent]

They seem to be working out of Travis county, and are claiming to submit documentation to judges in an ex parte hearing to get them to void out liens and I would assume trust deeds against a property. They have one case listed in Travis where they claim the judge voided the lien against the property, and are claiming a victory based on that.

[wserra]

an ex parte hearing to get them to void out liens and I would assume trust deeds against a property.

I didn't notice the "ex parte" in the couple of minutes I spent on the site.

Ex parte voiding of liens and trust deeds? Does Texas law permit such a thing? That seems very strange. Prof? JRB? Famspear?

[Prof]

an ex parte hearing to get them to void out liens and I would assume trust deeds against a property.

I didn't notice the "ex parte" in the couple of minutes I spent on the site.

Ex parte voiding of liens and trust deeds? Does Texas law permit such a thing? That seems very strange. Prof? JRB? Famspear?

Perhaps a judge issued an ex parte TRO to stop a foreclosure. Many such are issued, most because the court thinks that in this non-judicial foreclosure state, forcing a re-posting for the next month is not much injury to the mortgage holder. I infer from what the web-site says that this is the type of "ex part" hearing at which an attorney might submit the documents generated by these folks.

No Texas court would permit or allow an ex parte avoidance of a lien, although a default might issue if there is no answer timely filed. Even a default would be hard to "hold on to" under Texas law and procedure. But, I did not gather from my short glance at the web-site that it suggested this procedure and result.

The site seems pretty careful to avoid the unauthorized practice of law issues, too.

Interesting and less offensive to me than many others.

[wserra]

Perhaps a judge issued an ex parte TRO to stop a foreclosure. Many such are issued, most because the court thinks that in this non-judicial foreclosure state, forcing a re-posting for the next month is not much injury to the mortgage holder.

Ah. That makes sense. In a judicial foreclosure state like New York, there would be no need for an ex parte proceeding, and one would not occur.

Still, here is what their site says:

In order to do just that, we can provide you with samples of Ex Parte hearings in where you and or your attorney can submit our Investigative report along with all the supporting evidence for an administrative judicial review process. The purpose of this process is to have the honorable judge of said court make a determination of the facts regarding the public record documents pertinent to your property.

It is hard to picture "a determination of the facts regarding the public record documents pertinent to your property" that takes place ex parte anywhere.

[Prof]

I still suspect or infer that the site is talking about the facts necessary to support a TRO, even if there is some puffing.

[quasimodo]

There seems to be a lot of questions and accusations here that need some light shed on them so that you folks can have a better understanding of just what it is that we do.

I would first like to address a couple of issues before I continue.

ATTN: notorial dissent, you may wish to edit the title of this thread. Ignorance on your part does not equate a "scam" on ours. "Process" may be a better choice of words.

Please do not take offense to the use of the word "ignorance". Ignorance is curable which is the purpose of this post.

[edit: the obvious]

Our CEO would like to thank the individual who pulled up the illegal eviction issues he is currently dealing with. There is a case pending in a court of competent jurisdiction now in this regard in where he is Plaintiff.

As for the legitimacy of our company I would like to state for the record the following;
We are an S COPR. We are a Texas private investigation company currently operating under our "temporary" license number Z11801. We have word (today) from the TXPSB that we should have our permanent number within the next 2 weeks.

We have aligned our company with one of the nation's largest legal groups (1700+ attorneys). This group (whom I am currently not at liberty to identify) is very confident that what we are providing state of the art work product and that the strategies that we suggest to attorneys will be very effective in the courts. At that time I will be at liberty to reveal the identity of this company.

In addition if any of you have read the book, "Clouded Titles" by David Kreiger you will know the direction of this process. Mr. Krieger was in my office 2 weeks ago, and he supports what we are doing 100%. We are currently working on developing a cooperative business agreement with Mr. Kreiger.

Our clients have had success with our work product though wserra seems to think I am making all of this up. As I said in another forum, time will tell so I will not have to.

As a result of our clients' successes there was a meeting of the county's clerks, DAs, and several judges last Monday here in Travis County. According to one of the county clerks who attended this meeting the general consensus is that we have the full support of all who attended the meeting.

Some of you want to know the "secret". There is no secret. Here is how this process works.

Every state has a way of dealing with fraudulent documents and lien instruments filed or offered for filing in the county records. Here in Texas it is governed by the Texas Government Code - Sections 51.901, 51.902, and 51.903.
(for your convenience;)
http://law.onecle.com/texas/government/51.901.00.html
http://law.onecle.com/texas/government/51.902.00.html
http://law.onecle.com/texas/government/51.903.00.html (see 51.903(a),(c))

Similar statutes in sister states can usually be found in that state's penal, or criminal code.

On our client’s behalf we will have a Licensed Private Investigator (PI) order certified copies of all records regarding the subject property from the county recorder’s office in where the subject property is located in order to attempt to establish a clear and complete chain of title by establishing whether there is an identifiable “Real Party in Interest” through filed assignments and other documents within the county recorder’s office pursuant to statute.

The PI will then order a Forensic Audit of the Mortgage documents, Foreclosure documents, and Securitization aspects to be preformed on the mortgage closing documents and documents filed in the public records and all other documentation provided by the client and by information found in Bloomberg. The audits are performed by individuals who have years of experience in the lending industry and have been trained and certified by the National Association of Mortgage Underwriters (NAMU) for the express purpose of auditing mortgage documents in order to determine if the mortgage was constructed in complete compliance with state and federal consumer protection law. NAMU is the same certifying entity for many bank loan processors, and underwriters therefore the auditor’s certification must be recognized.

The PI will also perform background checks on anyone signing documents, and notarizing them. There are usually several inconsistencies found in the background checks such as; one woman found was dead and buried in Oklahoma yet 3 years later she is signing documents as a VP for Chase in California; Another we found who was signing as a VP for MERS lived in Louisiana and Oklahoma but had never had a state DL, no state issued ID, and never had a car registered in her name. In another case it was found that the notary seal had the commission expiration date (2009) scratched out and current date (2011) hand written in. The background check on this individual revealed that the individual was convicted of DUI 2 years prior and her notary commission had been revoked.

The homeowner can then put the PI’s report, audit results, and laws pertaining to consumer protection, foreclosure process, and securities before a court of competent jurisdiction for the purpose of validating that the records found in the county recorder’s office were in fact generated, and filed pursuant to those laws.

If the judge declares that the records filed in the county recorder’s office are not pursuant to state law, federal law, or constitutional provisions, and therefore does not create a valid lien the county clerk then has to remove said documents from the county records, or submit a judicial finding of facts and conclusions of law stating that the documentation or instrument(s) currently filed in the county records does not create a valid lien against real property.

As a matter of company policy we must always suggest to all of our clients that they seek competent counsel. We have had clients who have had success without using an attorney, but these clients are already well versed in the law.

Keep in mind that this process will not result in money damages. However, we have been informed by counsel that since the client has law established in your case (also called res judicata), that can be used as foundational support in the client's claim of damages in the event the client decides to sue for damages.

Set the foundation in a non-declaratory action, then sue for damages.

Now, how is any of what I just posted a "scam"? If you have any further questions all that you need to do is simply ask.

Sincerely,

Steve Skidmore CCO
Endless Fraud Detection Services Corp.
7901 Cameron Rd.
Bld 2, Suite 325
Austin, Texas 78754
steve@endlessfrauddetection.com
(A.K.A. quasimodo)

[Arthur Rubin]

We have bought into and aligned our company with the nation's largest legal group. This group (who I am currently not at liberty to identify) was going to launch a foreclosure defense division of the company on the 15th of next month.

Pre-Paid Legal?

Seriously, although much of what you do is legal, there's usually somebody who legitimately owns the mortgage, even if they thought they sold it. Now, you don't look for that "person", but there's usually a chain of mistaken documents leading back there. And they, not having received payments for some time, should be able to demand back payment on the mortgage which has been delinquent for some time.

[wserra]

My CEO would like to thank the individual who pulled up the illegal eviction issues he is currently dealing with.

Tell him he's welcome. Please ask him a couple of questions: (1) How did the "CEO" of this whiz-bang bunch of real estate experts manage to get himself evicted twice in the last three years? It couldn't be that he was trying out his theories and found himself on the street as a result, could it? That would be inauspicious for the prospects of potential clients. (2) Those are not just evictions, they're judgments. Where was he when his former landlords were obtaining them? Taking his dog for a long, long walk?

There is a case pending now in this regard in where he is Plaintiff.

Better late than never, I suppose. Court? Docket number?

We have bought into and aligned our company with the nation's largest legal group.

While I know what a law firm is, I have no idea what a "legal group" is. The opposite of an illegal group?

Our clients have had success with our work product though wserra seems to think I am making all of this up. As I said in another forum, time will tell so I will not have to.

The poster is referring to the exchange between him and me in this thread on Sui Juris. He posted two documents which we discuss there, neither one of which proves a thing. Rather than post any actual proof, he told me I would soon "eat crow". And I never said he was "making all of this up"; I said he hadn't proven anything. He still hasn't.

Some of you want to know the "secret". There is no secret. Here is how this process works.

So you look for paperwork errors/frauds in the title of the entity seeking to foreclose. Nothing wrong with that. However, if you do manage to call a certain mortgage transfer into question, that doesn't void the original mortgage - you're not at all likely to be able to do that - it simply means that an earlier entity is the lawful holder. Do you explain that, or do you imply that your clients will reap an unearned windfall? And how much do you charge for these services? What you do is not difficult, and a homeowner is likely to be able to do much of it for himself, with a little effort. If you fail, do you refund the client's money? How about linking to (or posting) a copy of the agreement you present to potential clients for signature?

Steve Skidmore CCO

Are you the "Steven Skidmore" who has had his own Texas legal problems, including an eviction, a bankruptcy and state tax liens?

[ArthurWankspittle]

My CEO would like to thank the individual who pulled up the illegal eviction issues he is currently dealing with. There is a case pending now in this regard in where he is Plaintiff.

There were two cases. Presumably one of them was a legal eviction then?

We have bought into and aligned our company with the nation's largest legal group. This group (who I am currently not at liberty to identify) was going to launch a foreclosure defense division of the company on the 15th of next month. After contracting with us and understanding what it is that we provide this company has made the decision to launch their new division next week. At that time I will be at liberty to reveal the identity of this company.

Given you say "the nation's largest legal group" then either anyone can tell who that is, so why the secrecy? or it isn't "the nation's largest legal group". Or maybe "the nation's largest legal group" can be defined different ways?

Now, how is any of what I just posted a "scam"? If you have any further questions all that you need to do is simply ask.

The problem is it looks like every other "get out of paying your mortgage scam". First, most of what you say only applies in judicial foreclosure states (IIRC). Second, as has already been pointed out, you are trawling through paperwork trying to do what? You aren't looking for the genuine owner of the mortgage, you appear to be looking for errors so that your clients can avoid paying their mortgages. How happy will your clients be when you find the rightful owner of their mortgage who now says "thank you very much and he's a bill for the fees and interest you haven't paid for x years"?

[jg]

Now, how is any of what I just posted a "scam"?

scam [skæm] Slang
a stratagem for gain; a swindle

By that definition, attempting to avoid paying one's mortgage, or other obligation, by virtue of a defect in the transfer or recording of liens would seem to fit quite well.
Charging fees to find such defects would make the company doing so part of that scam.

Inducing payment to the company with an alleged, implied or promised financial benefit that is unlikely or implausible also fits the definition, methinks.

[JamesVincent]

Welocome to Quatloos Quasimodo. You do realize that you wandered onto a website made and used for the specific purpose of unveiling scams in any shape and form, be they MLM/ pyramid, TP/TD, Internet, Nigerian, what have you and is also populated by a good number of practicing attorneys and a good number of people who, although are not attorneys per se make the attorneys sometimes look foolish, that really do not look kindly upon just words and platitudes and are going to want quotations of statutes, codes and case and docket numbers. Anything else is going to have you sent to scammer central since you will not be able to prove anything without it. And as you are in Texas there are several members that practice in Texas and will know most rikki tik if you are full of mularkey. Just come out, say what you have to say and be done with it. If your company is legit, operates above the board and has found a way to legitimately help people, this board is a great SEO site as it gets some ungodly hits. If you are a sham, will, this board is a great SEO site, it gets some ungodly hits.

[quasimodo]

Seriously, although much of what you do is legal,

Everything we do is 100% legal, lawful, and above board. If it was not we would not have made the connections that we have.

We have the direct number to the Texas Bar Association's Chief Disciplinary Counsel who wants to be informed of any hard evidence gathered by our investigators that there has been any attorney who has commuted criminal acts in this regard. He also said in regard to one large foreclosure mill here in Texas that if we can show what all or a large number of attorneys in the firm have committed crimes "the DPS will send a bus to pick then up".

I think we would by now if we were engaged in anything that would cause scrutiny.

there's usually somebody who legitimately owns the mortgage,

Key word, "legitimately". We have yet to find one of those due to breaks in the chain of title. That would be the "Real Party in Interest", and by adverse inference they are liable for all of the violations in the mortgage, foreclosure, and securities issues of the subject mortgage. So if you can prove RPiI status step right up! Here's my bill.

If there is a "legitimate" real party in interest, or holder in due course of law that would be a hard money lender who kept all of the closing documents in paper form provided those documents pass a competent audit, or an owner financed home. Outside that there is little chance that there is mortgage drafted since 1999 that has been done in lawful compliance.

even if they thought they sold it.

Both federal statute and the Pooling and Servicing Agreements (PSA) demand of the servicer(s) that they file and record in the county recorder's office in the county in where the subject property is located a properly indorsed assignment of mortgage and/or assignment of servicing rights. We rarely find these assignment and when we do they are always screwed up six ways from Sunday.

(1) Now, you don't look for that "person", (2) but there's usually a chain of mistaken documents leading back there.

(1) Oh yes we do. Our auditors are users of Bloomberg. There are "5" individuals outside the organizations certified to play in Fanny's and Freddie's sandbox. We have access to one of these individuals. We look, but we cannot always find the real party.
(2) Yes there usually is and that is all a part of the liability.

And they, not having received payments for some time, should be able to demand back payment on the mortgage which has been delinquent for some time.

(a) By the time the bill is put together for a declaratory action the offset is far greater than the alleged debt. (b) When an honorable judge of a court of competent jurisdiction states in a judicial finding of facts and conclusions that the documents and instruments (note, deed of trust/mortgage, and all riders attached to the motion do not create a valid lien one should ask what debt, what back payments are you demanding?

Believe it or not it is as simple as that. Getting a judge to keep it ex parte has been the only stumbling block that we can see so far, but counsel can easily bring the court to the understanding that the party to be served either cannot be positively identified, or cannot be notified because there are implications of state jail felonies evidenced in the motion. Also, this is a "non-declaratory" action, if the movant were seeking damages then the adverse party would have a right to stand in this action, but the movant is not. He is simply asking, "considering the evidence before the court should the documents, and/or instruments currently filed, and recorded in the public record be accorded lien status?"
No.

Now file the finding of facts with a quit claim deed with a couple of stipulations and you're done.

We're not reinventing the wheel here. We are simply enabling our clients and their representative counsel to restore the integrity of the public trust at both the public records and court levels and remove liability from the clerk of the recorder's office. That's it.

[ArthurWankspittle]

....We are simply enabling our clients and their representative counsel to restore the integrity of the public trust at both the public records and court levels and remove liability from the clerk of the recorder's office. That's it.

The question then is why? Who benefits? You do as you no doubt will be charging for your services. But what is the benefit to a client who holds a mortgage?