Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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PB
Moss Codilis - check all your papers for their name. They are bad guys and that is being very kind. They have a law firm in Colorado. Address is 9200 E. Mineral Ave, suite 329, Englewood, CO 80112. Phone 303-799-6966.
The name is Moss, Codilis, Strawiarski, Morris, Scheider & Prior, LLP.
 
But what you'll see is the address of: 6560 Greenwood Plaza Blvd Suite 100, Englewood, CO  80111. That name is Moss Codilis, LLP. They try and act/look like a law firm but they are not. The Suite 100 is only a collection agency.
 
They are tied in with other collection agencies such as Weltman, Weinberg & Reis, Co LPA; Fein, Such, Kahn & Shepard, PC; Boles, Boles & Ryan, PLC. (all of these are or were partners together with Moss Codilis). They are tied in with these mortgage servicers: HomeQ; Select Portfolio; Fidelity National Information Services, Inc; OCWEN, and others.  WATCH OUT FOR THEM, don't trust them at all!

PB  
 
 
 
 
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Jake
Can anyone tell me more about Moss Codilis - how it works?  I see their name on some of the bankruptcy papers but I never had credit with them.

Jake
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Way To Go

Moss Codilis is a foreclosure mill law firm.  They may also do retail credit collection.

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OK
Moss Codilis is a law firm but they use the same name for a collection agency the law partners are tied in with. Their law firm does have an office in Colorado but found them in Texas and California too. Where it is all so confusing is they constantly make their collection agency look like a law firm.



OK
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arkygirl
I looked into this years ago; here is what I found. These "lawyers" are the bottom of the sleaze barrel. I suppose if they bought a garbage collection firm they would also try to call it a "law firm" simply because it was owned by lawyers!

As far as I know this "firm" is still not listed as a registered law firm in the state of Colorado. The reason they show up everywhere is that the owners of the collection agency are lawyers from all over the U.S. and it looks like they may cycle addresses on their "letterhead" to keep from being pegged as frauds.

After further investigation into “Moss, Codilis", 'Moss Pite & Duncan", 'Codilis & Stawairski" and all the other monikers this supposed “law firm" has used, I have some interesting news.

It seems that the attorney's listed on the letterhead do not work for the law firm they claim to work for! (Gerald Moss was an attorney working in CA in 2002 with Moss, Pite, Duncan-he suddenly "retired" from that firm but still owns the Pite Duncan building last I heard and can still be seen walking the halls there from time to time)

What they have done illegally is practice law in states where they are NOT licensed, (a felony unauthorized practice of law in many states). Since these lawyers were simply “masquerading" as a law firm they are not entitled to legal fees at all!

By charging legal fees when it is simply a collection agency owned by lawyers, it has broken criminal codes as well as Rules of Professional Conduct/Responsibility sections: Rule 5.5 {Unauthorized practice of law].

The individual lawyers and the real law firms listed in the margin of the Moss Codilis letterhead have each broken the following:

Rule 1.2(d) [Fraudulent advice to client OCWEN];
Rule 1.8(a) [Entering into business with client OCWEN];
Rule 1.16(a)1; Rule 1.16(b)(1) and (b)(2) [Using lawyer's services to perpetrate a crime or fraud];
Rule 3.3 [False Statement to Court];
Rule 4.1 [False statement to third party];
Rule 4.2 [Communication with a person known to be represented by a lawyer];
Rule 4.4 [Respect for rights of other persons]; Rule 5.3 [Supervision of nonlawyers];
Rule 5.4(a) [Sharing legal fees with nonlawyer];
Rule 5.4(b) [Forming partnership with nonlawyer i.e. Ocwen & Moss];
Rule 5.4(d)(3) [Illegal to form partnership where nonlawyer controls lawyer, i.e Ocwen controlling Moss];
Rule 7.1 [False communication about lawyer's services];
Rule 7.5(b) and (d) [Firm Names and Letterheads];
Rule 8.4(a), (b) and (c) [Misconduct].

(This info can be found using a Google search under 'Rules of Professional Conduct'.)

Anyone who has gotten a letter from these sharks needs to immediately write a LETTER (no phone calls, no emails, must be US Postal Service.) back to this purported “law firm".

In this letter REFUSE to pay Moss Codilis illegal attorneys fees. Point out in this letter to Moss Codilis that it is NOT a real law firm and that bar complaints are being filed with each of the courts and district attorneys in each state listed in the margin on its letterhead regarding the misconduct of the listed attorneys to ask that they lose their licenses for unethical and criminal violations. (I would use certified mail, return receipt requested. You may use your own judgment as to mailing).

File written complaints to all the entities listed on the letter you have received. Write, write, write; annoying, I know. But completely necessary. All legal business is done in writing. Keep all letters you have received from this bunch in case you need copies later.

DO NOT, now or EVER, pay the scum-suckers a red cent! They are practicing fraudulently! If Ocwen or Moss continues to harass you by phone, tell them that you know of this secondary scam they are using to try to get your homes. Tell them to never call you again!

Ocwen and Moss were jointly sued in CT in July 2002 by Kweku Hanson. The cases were lumped together with other nationwide suits and sent by the MDL panel to the Northern District of IL (Judge Norgle presiding) in March of 2004 where they sit gathering dust to this day. The letters that were supposedly sent from Moss Codilis in re Ocwen in 2002 and before were being generated in Ocwen's own building....very cozy, and judges have begun questioning that arrangement. This Moss Codilis arrangement may have been and may still be present with entities other than Ocwen.

Fight back because American justice no longer exists unless you have already stolen billions of dollars from unsuspecting victims. Then you can be deemed "too big to fail" and be bailed out by taxpayers.





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Way To Go

Boy, was my answer to the question short or what:-)  This is a good example of what makes the Internet great.

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arkygirl
Dorsey v. Ocwen with guest appearance by Moss Codilis

http://www.websupp.org/data/SDAL/1:04-cv-00209-87-SDAL.pdf
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P B

Thank you arky girl.  God Bless, 

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Ken
"It seems that the attorney's listed on the letterhead do not work for the law firm they claim to work for! "

Here ya go.  There is now ammo regarding deceptive letters from debt collectors and their "legal departments".  The entire article is too long to re-type but here is the citation and a brief outline.

Rosenau v. Unifund Corporation 539 F.3d 219 (3rd Cir. 2008)

The 3rd Circuit found FDCPA deception where a collection letter indicated it was from the debt buyer's "legal department", where the unti sending the letter was not supervised or staffed by any lawyers.

The 2 and a half pages I have on this are filled with legal jargon but the core matter was the 3rd circuit said that letters sent out claiming to be from a legal department violate the Fair Debt Collections act.  If course a deceptive letter immediately opens the debt collector for the statutory damages of $ 1,000.00 plus reasonable attorney's fees.  I go over to PACER and find the case ths weekend and post the finding.

For now though any letter marked "Legal Department" better be signed by a real laywer who actually supervised the creation and mailing of the letter.  My opinion is that any letter marked as being from a debt collectors "Legal Department" should immediately be answered with a demand to produce the bar identification of the signer of the letter.

Ken


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Melanie

OK wrote:
Moss Codilis is a law firm but they use the same name for a collection agency the law partners are tied in with. Their law firm does have an office in Colorado but found them in Texas and California too. Where it is all so confusing is they constantly make their collection agency look like a law firm.
OK



I received an "Order for ForeClosure" from a firm by the name of:
 
Codilis & Stawiarski, P.C. in Houston, TX.
 
Do you think they are related to the Moss Codilis?
Also, something was mentioned about these companies not being legal.
Does anyone know about this?  Thanks.  Glad I found this forum. 
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Moose
Anybody, including attorneys, can set up as many corporate entities as they want and just like anyone else, can put whatever names on them they want.

IMHO the purpose for all the name variants is self-preservation; should one of the firms be hamstrung by a ruling against one of their partners that precludes advertising that they are still a lawyer, they don't have to go through what some firms have had to do when a partner is disbarred.

There is a somewhat funny case up in New York where a two-name firm had over a thousand billboards up around their area and one of the named partners had his license pulled for a year. Under the NY laws, no one who isn't a licensed attorney can hold himself out to be one, so the firm had to spend over a hundred thousand dollars to change all the billboards.

If you don't believe they are licensed to operate in your state, contact your local bar association.

Moose


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PB
Melanie - Moss Codilis LLP is not a law firm, period. I had a private investigator look into it, I have photos of the office and directory of names of the people who work there with their extension numbers.
None are attorneys. It exposes them big time as no attorney wants to go into that swamp of deceit and lies because with all the exposure since the Wall St. collapse the corrupt attorneys have a bullseye on their law licenses.

They are owned by people who are attorneys but they don't have attorneys working in their Suite 100, in Engelwood office. You can see some docs filed too on the Colorado Sec. State Website, page 2 has the most current info.

Your question - yes the firm you mention is a law firm. BUT look over everything they sent you and read over the FDPCA to see if they are in compliance. Send them a request for validation via certified letter. You can find good examples on this website, look over the net too for sample letters.

P B



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arkygirl
Quote:
Anybody, including attorneys, can set up as many corporate entities as they want and just like anyone else, can put whatever names on them they want.


Yes they can. I can also set up as many corporate entities as I want; I just cannot misrepresent them as "law firms" regardless of how many lawyers are involved in the corporate structure. To do so is illegal. PERIOD!

The research posted here was done by me for an attorney who later verified all of it and included it in a lawsuit against this fake "law firm". It is old, but still valid as nothing seems to have changed.

Moose, you are beginning to get on my nerves again. You take these spells of dogging my posts around this board. While some of us try to expand people's minds and warn them to look for fraud in every part of their mortgage documents and question every entity involved, you seek to contract that thinking.

Moose, I know who you are, where your company website is and what "service" you offer so I know that you have an agenda that seeks to bypass the legal system for more direct means. Fine. At the very least you should tell people that up front. I assume you and your associates show up here when business is slow for you to harvest data for yourselves.

Not to be up front with this information is just as dishonest as what servicers do. To attempt to denigrate any area of exploration that bypasses your services is unethical.

As my old friend used to say " 'Nuff said"!


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Moose
Arkygirl - my point was that if you want to cause them grief in the state you live in, report them to the local bar association for unauthorized practice of law. That's a no-cost way to force their hand.  In most states this falls under the state supreme court and as sloppy as these networks of foreclosure mills are, it is possible one or more names on the alleged "firm" aren't members in good standing in that state.

Moose


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OT

Pasco lawyer leaves a trail of odd business deals - St. Petersburg Times

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Way To Go

The last sentence of the article could have only been made by a lawyer:

 

Trevena [Cole's lawyer] said, "I would ask that nobody prejudge Mr. Cole until all the facts are developed at his sentencing."

 

Just what facts might be developed at a sentencing hearing that could exonerate his client.  The guy is going to jail.    

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Tommy Hawk
CASH, ATTORNEY FROM HOUSTON, CONNECT THE DOTS, LOVES younger women, and golf, likes to go to social parties and rub shoulders with money people, currently being followed by feds, very heavyly involved in "money" deals working as a debt collector,
 
 
MOSS CODILIS LLP!
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TOMMY
Attorney Profile

Michael P. Cash
Winstead PC
600 Travis Street, Suite 1100
Houston, TX 77002
Practice areas: Civil Litigation Defense (40%), Business Litigation (40%), General Litigation (20%)
Law School: Baylor Law School

What is Super Lawyers
Super Lawyers Magazine

Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research of Law & Politics. Rising Stars names the state's top up-and-coming attorneys.

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HAWK

Michael P.Cash, Esq. Michael P. Cash, Esq.
Winstead Sechrest & Minick, Houston, TX

Michael P. Cash has been nationally recognized for his trial skills, including being named a Texas “Super Lawyer” and one of the “Best Lawyers in Houston” by H Magazine among other accolades. He has served as a team leader and faculty member for numerous programs at the National Institute for Trial Advocacy, including several stints at the National Program in Boulder, Colorado.Cash has taught in-house advocacy programs at some of the largest firms in the U.S. and Canada as well as at major U.S. universities. He teaches other courses with his friend and colleague, Professor Thomas A. Mauet, this generation’s most prolific authority on trial techniques.Cash is a shareholder in the Houston office of Winstead Sechrest & Minick. He is a veteran instructor for The Professional Education Group and the National Institute for Trial Advocacy.Cash is a graduate of the University of Northern Colorado and a cum laude graduate of the Baylor University School of Law. Above all, Cash is a trial lawyer’s trial lawyer. When asked in an interview about his specialty, Cash responded, “I tell compelling stories to 12 people at a time.” That just about says it all.

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GARY WAIT
Micheal Cash, has a problem that's just coming to light, being identified as a "Super Lawyer" with and ego as big as the Chase Office Building he is in Houston Texas, his apparent involvement with Moss Codilis, and several former ENRON transactions appear to be resurfacing, his image maybe begin to be tarnished, as he was about to be named in a Federal Civil Suit, he arranged for the plaintiff to be arrested and jailed, well I guess now the relationships on the golf courses and off the golf courses can begin to be told.  I'm sure, Mr. Cash may soon be sorry he raised his temper and ego as a display anger.  Information is flowing in now, and if anyone has any other information on Mr. Cash from Houston, maybe we all can boost his ego, and his attention to his relationship with Moss Codilis LLP.  
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GARY WAIT
Same Michael Cash?  Enron?  mmmmmm found not guilty I think.
 

September 28, 2006

SEC Files Accounting Fraud Charges Against Three Former RenaissanceRe Executives

The SEC filed a civil action (here) in the U.S. District Court for the Southern District of New York alleging that James Stanard, the former CEO of RenaissanceRe Holdings, which is based in Bermuda, Martin Merritt, the company's former controller, and Michael Cash, a former executive at a RenRe subsidiary, alleging fraud in a pair of sham transactions designed to smooth the company's earnings in 2001-2003.  According to the SEC Litigation Release (here):

In its complaint, the Commission alleges that Stanard, Merritt and Cash committed fraud in connection with a sham transaction that they concocted to smooth RenRe's earnings. The complaint concerns two seemingly separate, unrelated contracts that were, in fact, intertwined. Together, the contracts created a round trip of cash. In the first contract, RenRe purported to assign at a discount $50 million of recoverables due to RenRe under certain industry loss warranty contracts to Inter-Ocean Reinsurance Company, Ltd. in exchange for $30 million in cash, for a net transfer to Inter-Ocean of $20 million. RenRe recorded income of $30 million upon executing the assignment agreement. The remaining $20 million of its $50 million assignment became part of a "bank" or "cookie jar" that RenRe used in later periods to bolster income.

The second contract was a purported reinsurance agreement with Inter-Ocean that was, in fact, a vehicle to refund to RenRe the $20 million transferred under the assignment agreement plus the purported insurance premium paid under the reinsurance agreement. This reinsurance agreement was a complete sham. Not only was RenRe certain to meet the conditions for coverage; it also would receive back all of the money paid to Inter-Ocean under the agreements plus investment income earned on the money in the interim, less transactional fees and costs.

RenRe accounted for the sham transaction as if it involved a real reinsurance contract that transferred risk from RenRe to Inter-Ocean, when in fact, the complaint alleges, each of these individuals knew that this was not true. 

Merritt entered into a partial settlement with the Commission in which he will be barred from serving as an officer or director of a public company and be enjoined from future violations of the securities laws; the issue of disgorgement and a civil penalty will be determined at a later time.  All three defendants left RenaissanceRe in 2005, when the company restated its results related to the transactions.  According to an AP story (here), attorneys for Stanard and Cash declared that their clients did not commit securities fraud in the transactions. (ph)

September 28, 2006 in Civil Enforcement, Fraud, Securities | Permalink

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gary wait
Sorry Michael, your not the same one involved in the SEC probe of Enron, that was Michael "W" Cash.  I wish to make that correction now.
 

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gary wait

DISALLOWED (TrackBack)

This Raised Eyebrows - Eric Thode Back in Fort Bend

Its common knowledge to anybody at the courtroom today...

But former Fort Bend GOP Chairman Eric Thode was in attendance, sitting directly behind Gary Gillen and his attorneys. It has been well over a year since Thode moved to Harris County, and it is curious to see him come back to lend moral support to Gillen.

It is also curious to note that Gillen's lead attorney today was Michael Cash. Cash's work bio lists his involvement with Enron as the defense attorney for a “director in ongoing security litigation.”

Given Thode's longtime history and involvement as a public relations spokesman for Enron, the inclusion of a corporate litigation lawyer on Gillen's defense team is odd, but perhaps easily explained. I for one, sincerely doubt that Gary Gillen runs in the same Harris County circles as a “Texas Super Lawyer.”


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Michael P. Cash
OK, Gary...you wanted my attention, well you've got it.  You will have to decide down the road if that was a good thing...or a bad thing.  But, since you seem intent on discussing me, let's make sure we get the facts straight:


Fact:  I do not and never have represented, worked for or been involved with
         Moss Codillis, LLP;

Fact:  I do not now, nor have I ever worked as a "debt collector."

Fact:  I am not now, nor have I ever been the subject of an SEC or other
         federal investigation.

Fact:  I did not "have PB (Peter Bernegger for those who do not know)  
         arrested and jailed.  The United States Attorney did because he
         felt PB had violated the terms of his bail.

Fact:  That's right...PB is out on bail.  He is under indictment in the United
         States District Court for the Northern District of Mississippi for,
         ironically, fraud. According to Court documents there are six
         counts to the indictment.   Count 1 is Fraud by Wire, Radio or
         Television; Counts 2-4 are Fraud and Swindles; Count 5 is
         Conspiracy to Defraud the United States; and Count 6 is Bank
         Fraud.  The case is styled United States of America v. Stephen
         Finch and Peter Bernegger; Criminal Cause No 1:07cr00176; In
         The United States District Court for the Northern District of
         Mississippi.  Look it up

Fact:  The United States Attorney felt that the sending of emails and
         phone messages to women at work which included the phrases
         "I'm coming for you Ladies", "I am coming after you, personally,"
          and "I am going to put an axe in your forehead" constituted
          violations of the terms of his bond.

Fact:   I have worked hard to establish a reputation as a good, ethical
          lawyer and I will defend that reputation fiercely.  So, Gary, if you
          or anybody else on here choose to write about me...it better be
          100% factually accurate.  The SEC slip up you made is your last
          free mistake.

   I am sure that there are many people on here who may have legitimate grievances and they have every right to air them.  However, I will not tolerate personal, false, unfounded attacks.  I fight back.  Like I said Gary...you now have my attention.
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Gary Wait
Pleased to have your direct attention. Its not often we get "Super Lawyers" responding directly to the site, so let me welcome you.
 
Peter is still locked up in the Brown County Jail  
as of ten minutes ago, (I checked) the complaint for him being locked up is from you, and as I understand and see its based upon snipits of emails sent to Moss Codillis regarding his litigation that you filed with the US Attorney's office, is that correct? Just as you posted here, not the whole email's just selected portions, could they have been taken out of context on purpose to further crush a poor man and his family to fullfill your own ego?  Is that called your "ethics"?
 
As for the charges against him, I was not aware of them, and thank you for bringing them to my attention, I will look further into them from my side.
 
You have claimed to "represent" FIDELITY, is that true or not? Or are you just representing certain enities of Fidelity?  and, is not Moss Codillis within the "Fidelity Network" agreement? Because that appears to be the center of a lot of attention now by a number of law firms looking at the class actions.
 
I travel to Houston often, maybe we could meet of lunch and I make that a serious offer, and have a discussion about all these things.
 
As for mistakes, we all make them from time to time. And Im not certainly above them, as Im sure your not also.  And as for reputation, discovery is such a good thing in litigation, so idle threats don't work well with me either. So if there is anything I mistated feel free to correct it again.
 
Im glad you threw your two cents in here, but Fidelity remains a very hot topic, be careful don't get too close to the flame to get yourself burned.
 
As for representing an ENRON Director, I trust that story is correct, I would not carry that as a badge of honor.  Houston seems to have its own smell of tainted business's. 
 
Perhaps our paths will cross again. But anything you like to say about FIDELITY please do, were all looking for more information about them, and what they do, and have done.
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Sara
You know guys, I just love reading blogs.  The info that you can learn from them is just amazing.

Is this the same lawfirm as Mr. Cash works for?

http://www.toughtimesforlenders.com/promo/about/

S
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Michael P. Cash
Gary, in all likelihood this will be my last post here, as I do not believe this is the appropriate venue to discuss these issues.  However, I did appreciate your response and I felt that you did deserve more clarification regarding PB.  I have no association with Moss.  The emails in question were not sent to Moss.  I understand why you might ask about context.  However, I sent the voice message and emails in their complete form to the proper authorities without edit.  It was PB's words, not mine that were at issue. 

If you will notice, I also offered no commentary or spin regarding his pending indictment.  I simply made the people on this forum aware of the fact that it is pending.  I trust that each will do as much research as they wish and will reach their own conclusions.

With regard to my representation of an outside director of Enron, I would suggest that it is a mistake to paint everyone with the same broad brush.  I am proud to have represented this individual.

Finally, I recognize your right to air grievances and have discussions on this Forum.  What is unacceptable to me, however, is personal attacks based on misinformation and innuendo.  PB made it very personal and you picked up that banner.  I do draw the line there.  Subject thereto, I respect your Free Speech rights.  If you are ever in Houston, you obviously have my phone number.  Feel free to call me.
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Sara
Ain't this mighty interesting?  This quote came from the middle of the page. 

But don't think that I've saved the "best" for last; because there is a "positive" side to the new economy.  There is opportunity in chaos and change.

I would personally like to know what is so damn positive about our new economy?  It's scarey...everyone is scared...and the old people who are being preyed and screwed are the worst victims!  People are living on the streets, children are homeless and people are committing suicide just as in the Great Depression.
 
And as to the "opportunity in chaos and change"...opportunity for who?  Certainly not for me!  Not for the homeowners!  Not for the communities effected! Not for the businesses that are going under!  Not for the people losing their jobs!
 
So, would ya'll like to fill me in on these opportunities?   
 

http://www.toughtimesforlenders.com/2009/02/articles/workout-issues/into-the-looking-glass-day-three-part-2-2009-mbacref-cmbs-special-workout-servicing-myths-fact-or-fiction/

Sara


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Gary Wait
I would like to advise everyone here, that Mike Cash and myself have spoken offline here, and in both a professional manor and conduct, although we are on differant sides of the fense on issues, it was a candid, respectful conversation.  And I would like to thank Mike for making the call to me and discussing the issues in a professional manor.  I think were going to meet for lunch in the near future.
 
Thanks again Mike for the call, I beleive it was good for both of us to talk as we did.
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Unknown

I work for Moss Codilis!  Yes we do have attys at our colorado office and no we do not collect any money!  We are ALL FDCPA Certified!  We are a 3rd party hired through businesses to help out...and i AM helping people!

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Texas
Hello Unknown, Texas Speaking

You stated "We are a 3rd party hired through businesses to help out...and i AM helping people!"

1. Agreed, you probably are a 3rd party hired most likely by the financial institutions.
2. Agreed, "help out", you betcha, help the financial institutions to keep their fraud concealed.
3. Agreed, "helping people", yeppers on that one, all the wrong people.

Wanna know the fraud you are helping to perpetrate to the children who will inherit this country, visit:http://www.scribd.com/people/documents/881212-alviec, and see more clearly.

Maybe one day someone like you will be helping your grandchildren.



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Sara
Hey Texas...

Can I have my crystal ball back?  

S


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varoom
"We are a 3rd party hired through businesses to help out...and i AM helping people!"

Possibly "unknown" could give us a couple of examples of exactly how she IS "helping people". 
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Sara
Varoom, do you really want to know???

S
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varoom
S:

Why else would I ask the question, if I didn't want an answer?

v
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