Bank Foreclosed Homes Rescue Scam Charge Against Several Firms
Harris County, Texas District Judge Patricia J. Kerrigan has frozen the assets of several Houston firms charged with operating bank forclosed homes rescue scams.
The charge of foreclosure rescue fraud was filed by Texas Attorney General Greg Abbott against several companies and their executives for allegedly defrauding their customers with bogus credit repair and debt counseling services.
Kerrigan also granted Abbott’s request to issue a temporary restraining order against the defendants, including United Servicing LLC, Bell Investments and Developments, Excel Loss Mitigation Inc. and directors David Espy and Frank Bell.
A charge of failure to file a bond with Texas Secretary of State has also been filed against the defendants. The posting of the bond is required from all companies that want to legally operate a business in Texas.
United Servicing or Excel, as it was previously known before a deluge of customer complaints forced it to change its business name, contacted distressed homeowners who were having difficulty paying their mortgages. According to a state-conducted investigation, the defendants used telemarketers who made false promises to distressed homeowners that their service could help them avoid foreclosures.
The investigation showed that telemarketers used a script to entice distressed homeowners that Excel and others could help them negotiate arrears, interest and late fees with lenders. The defendants would promise customers that their renegotiation would help them save their properties from foreclosures and even lower monthly payments.
The telemarketers hired by defendants even told homeowners not to contact or initiate a negotiation with their lenders when the truth is, it should be the first thing any homeowner who is facing the threat of foreclosure should have done.
To further convince homeowners to hire their services, telemarketers, on behalf of the defendants, told them that they would be able to cut up to three months worth of mortgage payments. For 45 to 60 days so-called negotiation service offered by defendants, homeowners were charged $1,500.
According to the investigation, the defendants made no attempt to contact and negotiate with lenders on homeowners’ behalf. As a result, many homeowners who availed of the defendants’ services lost their properties to foreclosures.
The Office of the Attorney General wants to impose a maximum of $20,000 in civil penalties for each violated provision under the Texas Deceptive Trade Practices Act and Texas Telephone Solicitation Act.
Meanwhile, homeowners are advised to avoid companies that offer bank forclosed homes prevention services that ask for upfront fees.




