Is SCOTT CARSON (WeCloseNotes/Inverse Asset) DEFRAUDING Investors

Is SCOTT CARSON (WeCloseNotes/Inverse Asset) DEFRAUDING Investors

Investor · Austin, TX · Member since 2015 · 27 posts · 32 votes

Like many others, I have had a negative experience Joint Venture investing with Scott Carson and his company Inverse Asset Fund LLC. I'll share my experience in the hopes that it will help others who are thinking of or currently invested with him. I decided to invest with Scott Carson after attending a few of his NoteCamp online courses and taking his Virtual Note Buying for Dummies course. I thought those programs provided pretty good value and that Scott seemed genuinely concerned with helping people get started in the Non Performing Note (NPN) space. I successfully invested in a couple of NPNs on my own using many of the people he recommended so it seemed that his method had potential to be successful. At the time I was busy with my main business working with tax foreclosed properties, and I didn't really have the time to do NPNs on the side, but it seemed like something I could expand into in the future so when Scott approached me with a JV (Joint Venture) proposition to passively invest in some CFDs he was buying it seemed like a great way to get some exposure to how these played out. In his initial email about the agreement he said:

“We will be providing monthly updates to our investors, along with quarterly payments (or larger chunks depending on if we sell the asset off). We will also be providing collateral files for you to review.”

Unfortunately, after wiring the money to Scott in October 2017, the promised monthly updates never came. For the first 2 months I gave him the benefit of the doubt. Having invested in a few notes I knew that getting servicing transferred and disclosures out to borrowers could take some time and it was clear Scott was a busy guy. But then I mentioned to another local investor I had started working on NPNs and had invested with Scott, he hesitantly told me that he knew of another investor who had a real hard time getting their money back from Scott, he didn’t have a lot of details but advised me to be careful. So at this point I started being much more persistent about asking for updates and I did start to get some from Scott's assistant. One of the 4 assets had made payments and looked like it would become performing. It seemed like things were on track, and I looked forward to my first promised quarterly payment. Mid-March I asked Scott about it and he assured me it was being processed and I should have it in a few days. A month goes by, with no payment or update. I can see on Facebook that Scott is off vacationing in Europe so I give him a pass for not responding to my inquiries. I try to email the assistant and get an Auto reply that as of May 22 she is no longer working there.

When Scott gets back in June 2018 he tells me that his assistant has not been updating the files for a couple of months, but that he will get my payment out to me by the end of the week. A week goes by, no payment. I ask about it and get no response, a few days go by, I ask again, no response, a few more days. I start hitting him daily. Finally he does wire me a payment but there is no accounting of which notes it is for, what is principle, what is interest, or anything like that so I start asking for that info. He tells me he will upload the full accounting to an online account I can access (as agreed to in the JV contract) by the end of the week. Same story as before, I keep asking for the info and getting no response or occasionally "I will get that to you in a few days". This goes on for several months.

In Feb this year (about 15 months into the deal) Scott tells me all the assets are up for sale. At this point I still have not received any additional quarterly payments and have no idea what is going on with any of the loans aside from a very infrequent and vague response form Scott like “one loan has made a few payments and we are working with legal to cancel the contracts on the rest.” A month goes by I ask for updates, no response, same next month. I look up in the county records to see if I can see anything. I see that the deeds were recorded into Scott’s Company but the deed of trust that was supposed to be recorded at the same time in favor of my company to secure my interest in the property was never recorded. There is also an $800 water lien against one of the properties. When I finally get Scott to respond he again says all assets are being sold and I should have the money soon. Fast forward 6 months and the same investor who initially warned me about Scott sends me a link to the following BP thread:

https://www.biggerpockets.com/forums/70/topics/738696-do-not-invest-with-scott-carson-we-close-notes-or-inverse-asset?page=1

It is quite lengthy but to summarize, it turns out several other investors have also had negative experiences with Scott including:

Gerry Cohen, Al Curiel, Beth Hale, Bella Scanland, Chris Frank, Michele Orgell, Kristin Cook, Gar Parries

Most of the stories are almost identical to mine. At least one takes it a step farther and say that Scott partnered with multiple people on the same asset without their knowledge. Many have or are getting legal judgments against Scott. As I’m reading, the thread I’m hoping to see someone jump on and defend Scott and say they had a positive outcome investing with him. Nope. Instead I see people I recognize from presenting at his NoteCamp event saying they think he will probably go to jail. I type in Scott Carson the Travis County District Clerk site here:

https://www.traviscountytx.gov/district-clerk/online-case-information

and find 7 closed and 7 active cases against Scott

From there I go to the Clerks site to see the judgments:

https://www.tccsearch.org/RealEstate/SearchEntry.aspx

There are 4 from what look like investors and one from the IRS: 

One is particularly troubling as it specifically mentions Fraud:

I started to look at other counties. Williamson County where Scott is located posts their Jail Records with mugshots online:

https://judicialrecords.wilco.org/PublicAccess/default.aspx

Not good. Booked 4/15/19 Charge: Writ of Attachment Released on $10k bond 4/16/19

I had to look up what a writ of attachment was. From Wikipedia:

“A writ of attachment is a court order to "attach" or seize an asset.[1] It is issued by a court to a law enforcement officer or sheriff. The writ of attachment is issued in order to satisfy a judgment issued by the court. A prejudgment writ of attachment may be used to freeze assets of a defendant while a legal action is pending. Common grounds for obtaining a prejudgment writ of attachment are that a defendant has committed fraud or that a defendant is prepared to hide assets from a court.”

So at this point I'm pretty scared that my entire investment is in Jeopardy. I finally get Scott on the phone and he tells me not to worry, he has already made it right with all the people on the thread. I ask him why the deed of trust was never filed for me, he doesn't really apologize or give any explanation but says he will get that done right away. Days go by. It doesn't happen. I tell him I want my money back per our contract terms. He says no problem, that he has bids on all the assets they should be closed by the end of the month and he and he can pay me out then. The end of the month comes. No money, several ignored calls, texts, and emails. Eventually he does respond with some vague excuses. He is waiting for IRA companies that are taking longer than usual on some, there are some title issues being cleared up with others. Seemingly plausible, but it seems like just a stall tactic.

By this point I have talked to several other investors who have been mixed up with Scott. The ones that did finally get something out of Scott all said it was not until they started hurting him online. So I started reaching out to people from NoteCamp and my wife started contacting people who were having him on their podcast. After that he agreed to transfer 3 out of the 4 assets over to my company. This time action was swift. He actually showed up unexpected at my doorstep at 7pm to personally deliver the loan files. I tried to get him to explain what was going on but he said he was late for another meeting. The 4th asset was allegedly still being sold and was supposed to close by the end of the week at which point he would wire me the money. If you guessed that the end of the week came and I didn’t get paid, you must have read the rest of this post. Or maybe you read this one:

https://www.biggerpockets.com/forums/70/topics/757247-another-victim-of-scott-carson-we-close-notes-and-inverse-assets?page=1

or this one:

https://www.biggerpockets.com/forums/70/topics/738696-do-not-invest-with-scott-carson-we-close-notes-or-inverse-asset?page=1

So I guess I got something. I'm sure Scott would add me to his list of investors who had some delays but were taken care of in the end. But I have spent way too much time stressing about what was supposed to be a passive investment and now I have to do the work to dispose of the Assets that he was supposed to do. Not exactly what I signed up for. I can now finally see the servicing records on those 3 CFDs. One CFD never made a payment but he didn't take back the property in almost 2 years. Two of the three have made some payments. He collected over $12k in P&I payments. 50% of that was supposed to go to me in quarterly payments. I only got one payment for a bit over $2k. He also still owes me for the 4th asset. If he does pay those off I will post an update. Scott has wronged a lot of people, I sincerely hope he can make it right.

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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
6y

you got 3 out of 4 investments back under control I think you did well being the squeaky wheel..  

good sleuthing on your part.. 

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  • Member since 2019 · 4 posts · 0 votes
    6y

    @Ryan Snelson, I cannot comment on any of the other judgments although I have seen many others speak up here on BP.  

    As others have indicated, a judgment is difficult to enforce against someone to get any money out of. For me when it came to hiring an attorney it was because I had exhausted all hope of our JV actually producing anything.

    Once my judgment was filed I asked my attorney "now what?".  My attorney recommended that I file a garnishment lawsuit against any bank accounts with his company name.  This led nowhere.

    After speaking to other attorney's I was referred to a collections attorney who in turn suggested we move forward with a receivership.  This was all Greek to me but I was looking for any way to recoup the investment I had made.

    I would likely not file a release of judgment unless I receive was I am owed.

  • Investor · Austin, TX · Member since 2015 · 27 posts · 32 votes
    6y

    @Jon Soucy  After Scott delivered 3/4 of the assets to me, one of the podcast people my wife had contacted reached out to her to follow up.  Scott had told this person that he had made everything right with me and there was nothing to be concerned about.  I assumed when Scott said he had "taken care" of all these judgments that he had given those investors something that in his mind made things square even if it was not really all they were promised.  But to hear that he had given you absolutely nothing and then he was willing to completely lie about it and say he had paid you back really just goes to show what type of person he really is.

    Are you still in contact with him?  I don't know how much you are willing to do personally to recover your money, but it seems like Scott does still care about people hurting his online image (Zero Star ratings on his podcast and book on Amazon, Complaints with BBB, rip off report etc. )  And about not getting reported to the SEC, State Securities Board, etc, so you might try to work those angles in addition to the ones you mentioned.  And yes, I would not file a release unless he gives you 100% of what he owes you.

  • Member since 2019 · 4 posts · 0 votes
    6y

    @Ryan Snelson, I would be really interested to hear from several of the others here at BP that have spoken up about Carson to see if they had been "taken care of" in some form or fashion.  Based on some of the other posts I've seen, many have not received anything from him.

    I have not had any contact with Carson for several years.  Once the judgment was filed there was no need for me to attempt to contact him as this was being done through the attorney's I had hired.

    I have received a portion of what is owed to me through the receiver I hired, their firm has done a good job.  That does not in any way exonerate Carson from the things he has done.

    I just hope that more aren't hurt with as much "press" as there is on him and his dealings. 

  • Attorney · Los Angeles, CA · Member since 2016 · 284 posts · 314 votes
    6y


    Originally posted by @Bernie Granier:

    @Ryan Snelson, based on what you've written, I would add that you were not actually in a Joint Venture with this guy. Anytime you expect to make money solely off of someone else's actions, you're actually buying a security, not investing in a JV. In that case, he should have created a syndication for you and others to invest in and filed Form D with both the SEC and the state. So, you can add SEC violations to the list of things he did wrong.

    Since you now have the notes in your possession and are actively working them, that might have changed now however, I would bet that if you contacted the SEC and told them this story, they would probably take action.

     While it super sucks that this has happened to all of you, I'm at least heartened to know that all the education we do as syndication attorneys has paid off in that even investors know their rights.

  • Member since 2019 · 8 posts · 2 votes
    6y

    I JV'd with Scott Carson. I've also had the same excuses as other people have listed. Lost help, busy, will get it to you,I have a wire coming your way. And Nothing. I have found out he collected on asset. And has also sold assets. And will not pay up. Working thru.

    If you check on the BBB page. You will see his rating on We Close Notes, and Inverse is an “F”.                                      

    Quest Trust, I understand will not have him as a “Guest Speaker” or deal with him  any more.                 

    Checking with BBB,              Ok. Attorney Gen.,              Tx. Attorney Gen.                Ok. Sec. Comm.,                SEC.                                    and FBI.                                        And any other I can find to fill a complaint with.   

    Beware!!!! Of doing any business with Scott Carson, and all his inities. 

  • Lender · Tampa, FL · Member since 2013 · 2k+ posts · 2k+ votes
    6y

    This really makes me sick to my stomach. I read this entire thread and it really upsets me. The people who have taken losses seem to be very smart people. I don't know Mr. Carson, but I have heard of him. I spent 25 years as a banking executive with a focus on real estate lending and special assets and this gives all of us who work with investment groups a black eye. One of the things that I have noticed about most people that are raising capital is that they lack a real background in what they are supposedly experts in. When I looked him up, I really didn't see where he had a background in it other than perhaps being a mortgage broker. When people do stuff like this it gives us all a bad name. I am so sorry that so many smart people were taken by this person. I'm just venting. Thanks for letting me vent. 

  • Investor · Austin, TX · Member since 2015 · 27 posts · 32 votes
    6y
    Originally posted by @Dean Engle:

    Ryan, awesome job ratting him out. I wish more people would do the same. Rahul - a website chronicling his illicit behavior would be great. I'll pay you for the site registration and for some SEO optimization work to get your site appearing first in google searches.

    Dean, looks like someone made that website:

    http://weclosenotesanddreams.com/

  • Investor · California, CA · Member since 2016 · 367 posts · 375 votes
    6y

    I've met Scott at a convention, and taken some of his training, luckily I never invested with him.  I looked at a couple of deals of his a few years ago but they seemed like bad deals, red flags, so I passed.  I used to point people to his training videos, I learned a lot from them and I know many others have as well.  Some of the paid training material was pretty worthless. 

    It's sickening to see this happen to people, it's clear he's a scumbag.  I'm glad people are publicizing his crimes, hopefully it will save others from throwing their money away.  There are still quite a few people that know all about him, but seemingly continue to support him, I can't understand that.  Many others that were trained by him, have cut him off completely, the ones with integrity.  He's still looking for new victims, still doing his thing as if everything is just fine, makes me sick. 

  • Member since 2019 · 1 post · 1 vote
    6y

    I managed to get two out of four notes invested back. One of the places has had the water shut off for a year and a half and owes two years of property taxes. So much for..

    "Asset research, acquisition, management, repairs, note restructuring, servicing, rental/leasing, and disposition as applicable. "

    "Inspect the Assets not less than once every 90 days either in person or via a competent, professional representative."

    "Ensure that all property and other taxes, HOA dues, etc., are paid when due."

        He must have a stack of JV agreements in the bathroom just in case he runs out of toilet paper.

        Anyway, I filed a complaint with the SEC. This guy is should be behind bars.

      • Investor · Scottsdale, AZ · Member since 2013 · 19 posts · 20 votes
        6y

        Also checkout this website about Scott Carson, Inverse Asset Fund.  http://weclosenotesanddreams.com/

      • Investor · Member since 2019 · 28 posts · 9 votes
        2y

        @Ryan Snelson amazing that you were able to recover anything.  i am feeling really lost with how to move forward.  it looks like the receiver is throwing in the towel and clearly i need to be much more aggressive. 

      • Member since 2022 · 1 post · 0 votes
        4d

        Scott (Inverse Asset Fund LLC) is collecting some funds in the next few days $17,522.65 from a tax sale property that was lost in 2023 for non payment of property taxes.

        Lawrence County Indiana

        89 mason St Bedford 47421

        parcel = 47-06-03-242-030.000-009

        case reference = 47C01-2410-TP-001534

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