College Partnership versus Smith & Merritt

Here is the current case summary for the suit between College Partnership and Acentus/SMI. I'm going to write to the court and try to get copies of things like the complaint, etc., but in the meantime, if you happen to be in Jefferson County Colorado and wouldn't mind stopping in...

Case Number: 2007CV002010 Date Filed: 05/03/2007 College Partnership Inc v. Acentus Consulting Group Llc Et. Al. Injunctive Relief; CV -Civil -District Summary Judge: Tamara S Russell Court: Jefferson District Court Division: 4 EFiled: Y Appealed: N Case Closed Date: n/a Case Status Judge or Magistrate Name BAR Number Tamara S Russell 17037 Agency Agency Agency Case Tkt/Summons Nbr Arrest Nbr Participants Litigant Attorney College Partnership Inc Murr, Joseph Allen Plaintiff 1 Role: Privately Retained Attorney BAR: 14427 Primary Attorney: Y Welch, Torben M Role: Privately Retained Attorney BAR: 34282 Primary Attorney: Y Acentus Consulting Group Llc Walker, Edward Timothy Defendant 1 Role: Privately Retained Attorney BAR: 35120 Primary Attorney: Y Schmidt, Lauren E Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Smith and Merritt Institute Llc Schmidt, Lauren E Defendant 2 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Modius Financial Llc Schmidt, Lauren E Defendant 3 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Frv Partners Llc Schmidt, Lauren E Defendant 4 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Smith, Daniel R Schmidt, Lauren E Defendant 5 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Merritt, Kathryn Schmidt, Lauren E Defendant 6 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Rees, David M Schmidt, Lauren E Defendant 7 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Vincent, Jeffrey M Warden, Daniel Francis Defendant 8 Role: Privately Retained Attorney BAR: 13514 Primary Attorney: Y Schmidt, Lauren E Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Flint, George Warden, Daniel Francis Defendant 9 Role: Privately Retained Attorney BAR: 13514 Primary Attorney: Y Schmidt, Lauren E Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Lautes, Albert Schmidt, Lauren E Defendant 10 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Garner, Julie Schmidt, Lauren E Defendant 11 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Mello, Melissa Schmidt, Lauren E Defendant 12 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Grogg, Bruce Schmidt, Lauren E Defendant 13 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Dowding, Clark Schmidt, Lauren E Defendant 14 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Johnson, Nicolas Schmidt, Lauren E Defendant 15 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Parker, Robert Schmidt, Lauren E Defendant 16 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Anderson, Dee Schmidt, Lauren E Defendant 17 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Nelson, Jeff Schmidt, Lauren E Defendant 18 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Wilbur, Justin Schmidt, Lauren E Defendant 19 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Roat, Don Schmidt, Lauren E Defendant 20 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Ricks, Michael Schmidt, Lauren E Defendant 21 Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Lott, David Walker, Edward Timothy Defendant 22 Role: Privately Retained Attorney BAR: 35120 Primary Attorney: Y Schmidt, Lauren E Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Bradford, Steve Walker, Edward Timothy Defendant 23 Role: Privately Retained Attorney BAR: 35120 Primary Attorney: Y Schmidt, Lauren E Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Ricks, Kristin Walker, Edward Timothy Defendant 24 Role: Privately Retained Attorney BAR: 35120 Primary Attorney: Y Schmidt, Lauren E Role: Privately Retained Attorney BAR: 37002 Primary Attorney: Y Grace, John J Murr, Joseph Allen Defendant 25 Role: Privately Retained Attorney BAR: 14427 Primary Attorney: Y Jones Dr, Janice A Murr, Joseph Allen Defendant 26 Role: Privately Retained Attorney BAR: 14427 Primary Attorney: Y Charges Count Date Details Scheduled Events Date Time Details 05/24/2007 8:30 Temporary Restraining Ord Hrg Room: 5C Judge: Tamara S Russell Status: Hearing Held 06/08/2007 10:00 n/a Room: 5C Judge: Tamara S Russell Status: Hearing Held Proceedings Date Code Description 05/03/2007 CMPL Complaint ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 COVR Civil Case Cover Sheet ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 MOTN Motion ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 MOTN Motion ATY/ Welch, Torben M PTF/ College Partnership Inc 05/03/2007 FOTH Filing Other ATY/ Welch, Torben M PTF/ College Partnership Inc 05/07/2007 ORDR Order 05/08/2007 NOTC Notice Filed ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/08/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/18/2007 SUMM Summons Issued ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RS Return of Service ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 RPRT Report ATY/ Welch, Torben M PTF/ College Partnership Inc 05/22/2007 ENTR Entry Of Appearance DEF/ Acentus Consulting Group Llc DEF/ Smith and Merritt Institute Llc DEF/ Modius Financial Llc DEF/ Frv Partners Llc DEF/ Smith, Daniel R DEF/ Merritt, Kathryn DEF/ Rees, David M DEF/ Vincent, Jeffrey M DEF/ Flint, George DEF/ Lautes, Albert DEF/ Garner, Julie DEF/ Mello, Melissa DEF/ Grogg, Bruce DEF/ Dowding, Clark DEF/ Johnson, Nicolas DEF/ Parker, Robert DEF/ Anderson, Dee DEF/ Nelson, Jeff DEF/ Wilbur, Justin DEF/ Roat, Don DEF/ Ricks, Michael DEF/ Lott, David DEF/ Bradford, Steve DEF/ Ricks, Kristin 05/24/2007 MINC Minute Order (Print) 05/24/2007 NTHR Notc of Hearing DEF/ Acentus Consulting Group Llc DEF/ Modius Financial Llc DEF/ Frv Partners Llc DEF/ Merritt, Kathryn DEF/ Rees, David M DEF/ Flint, George DEF/ Lautes, Albert DEF/ Garner, Julie DEF/ Mello, Melissa DEF/ Grogg, Bruce DEF/ Dowding, Clark DEF/ Johnson, Nicolas DEF/ Parker, Robert DEF/ Anderson, Dee DEF/ Nelson, Jeff DEF/ Lott, David DEF/ Bradford, Steve 06/05/2007 MOTN Motion DEF/ Acentus Consulting Group Llc DEF/ Smith and Merritt Institute Llc DEF/ Modius Financial Llc DEF/ Frv Partners Llc DEF/ Smith, Daniel R DEF/ Merritt, Kathryn DEF/ Rees, David M DEF/ Vincent, Jeffrey M DEF/ Flint, George DEF/ Lautes, Albert DEF/ Garner, Julie DEF/ Mello, Melissa DEF/ Grogg, Bruce DEF/ Dowding, Clark DEF/ Johnson, Nicolas DEF/ Parker, Robert DEF/ Anderson, Dee DEF/ Nelson, Jeff DEF/ Wilbur, Justin DEF/ Roat, Don DEF/ Ricks, Michael DEF/ Lott, David DEF/ Bradford, Steve DEF/ Ricks, Kristin 06/06/2007 RSPN Response DEF/ Acentus Consulting Group Llc DEF/ Smith and Merritt Institute Llc DEF/ Modius Financial Llc DEF/ Frv Partners Llc DEF/ Smith, Daniel R DEF/ Merritt, Kathryn DEF/ Rees, David M DEF/ Vincent, Jeffrey M DEF/ Flint, George DEF/ Lautes, Albert DEF/ Garner, Julie DEF/ Mello, Melissa DEF/ Grogg, Bruce DEF/ Dowding, Clark DEF/ Johnson, Nicolas DEF/ Parker, Robert DEF/ Anderson, Dee DEF/ Nelson, Jeff DEF/ Wilbur, Justin DEF/ Roat, Don DEF/ Ricks, Michael DEF/ Lott, David DEF/ Bradford, Steve DEF/ Ricks, Kristin 06/06/2007 RMDS Response to Motion to Dismiss DEF/ Acentus Consulting Group Llc 06/07/2007 RSPN Response DEF/ Lott, David DEF/ Bradford, Steve DEF/ Ricks, Kristin 06/08/2007 MINC Minute Order (Print) 06/08/2007 ORDR Order 06/13/2007 MOTN Motion DEF/ Acentus Consulting Group Llc DEF/ Smith and Merritt Institute Llc DEF/ Modius Financial Llc DEF/ Frv Partners Llc DEF/ Smith, Daniel R DEF/ Merritt, Kathryn DEF/ Rees, David M DEF/ Vincent, Jeffrey M DEF/ Flint, George DEF/ Lautes, Albert DEF/ Garner, Julie DEF/ Mello, Melissa DEF/ Grogg, Bruce DEF/ Dowding, Clark DEF/ Johnson, Nicolas DEF/ Parker, Robert DEF/ Anderson, Dee DEF/ Nelson, Jeff DEF/ Wilbur, Justin DEF/ Roat, Don DEF/ Ricks, Michael DEF/ Lott, David DEF/ Bradford, Steve DEF/ Ricks, Kristin 06/17/2007 ORDR Order 06/29/2007 SUMM Summons Issued ATY/ Welch, Torben M DEF/ Grace, John J DEF/ Jones Dr, Janice A PTF/ College Partnership Inc 06/29/2007 SUMM Summons Issued ATY/ Welch, Torben M DEF/ Grace, John J DEF/ Jones Dr, Janice A PTF/ College Partnership Inc 06/29/2007 SUMM Summons Issued ATY/ Welch, Torben M DEF/ Grace, John J DEF/ Jones Dr, Janice A PTF/ College Partnership Inc 06/29/2007 SUMM Summons Issued ATY/ Welch, Torben M DEF/ Grace, John J DEF/ Jones Dr, Janice A PTF/ College Partnership Inc 06/29/2007 SUMM Summons Issued ATY/ Welch, Torben M DEF/ Grace, John J DEF/ Jones Dr, Janice A PTF/ College Partnership Inc 06/29/2007 ACMP Amended Complaint ATY/ Welch, Torben M DEF/ Grace, John J DEF/ Jones Dr, Janice A PTF/ College Partnership Inc 07/13/2007 ENTR Entry Of Appearance ATY/ Warden, Daniel Francis DEF/ Vincent, Jeffrey M DEF/ Flint, George 07/16/2007 MODS Motion to Dismiss ATY/ Warden, Daniel Francis DEF/ Vincent, Jeffrey M DEF/ Flint, George 07/16/2007 ANSC Answer and Counterclaim DEF/ Acentus Consulting Group Llc DEF/ Smith and Merritt Institute Llc DEF/ Modius Financial Llc DEF/ Frv Partners Llc DEF/ Smith, Daniel R DEF/ Merritt, Kathryn DEF/ Rees, David M DEF/ Lautes, Albert DEF/ Garner, Julie DEF/ Mello, Melissa DEF/ Grogg, Bruce DEF/ Dowding, Clark DEF/ Parker, Robert DEF/ Anderson, Dee DEF/ Wilbur, Justin DEF/ Ricks, Michael DEF/ Lott, David DEF/ Bradford, Steve DEF/ Ricks, Kristin 07/16/2007 MOTN Motion DEF/ Acentus Consulting Group Llc DEF/ Smith and Merritt Institute Llc DEF/ Modius Financial Llc DEF/ Frv Partners Llc DEF/ Smith, Daniel R DEF/ Merritt, Kathryn DEF/ Rees, David M DEF/ Vincent, Jeffrey M DEF/ Lautes, Albert DEF/ Garner, Julie DEF/ Mello, Melissa DEF/ Grogg, Bruce DEF/ Dowding, Clark DEF/ Parker, Robert DEF/ Anderson, Dee DEF/ Wilbur, Justin DEF/ Roat, Don DEF/ Ricks, Michael DEF/ Lott, David DEF/ Bradford, Steve DEF/ Ricks, Kristin 07/16/2007 MOTN Motion DEF/ Acentus Consulting Group Llc DEF/ Smith and Merritt Institute Llc DEF/ Modius Financial Llc DEF/ Frv Partners Llc DEF/ Smith, Daniel R DEF/ Merritt, Kathryn DEF/ Rees, David M DEF/ Vincent, Jeffrey M DEF/ Lautes, Albert DEF/ Garner, Julie DEF/ Mello, Melissa DEF/ Grogg, Bruce DEF/ Dowding, Clark DEF/ Parker, Robert DEF/ Anderson, Dee DEF/ Nelson, Jeff DEF/ Wilbur, Justin DEF/ Ricks, Michael DEF/ Lott, David DEF/ Bradford, Steve DEF/ Ricks, Kristin 07/16/2007 MOTN Motion DEF/ Acentus Consulting Group Llc DEF/ Smith and Merritt Institute Llc DEF/ Modius Financial Llc DEF/ Frv Partners Llc DEF/ Smith, Daniel R DEF/ Merritt, Kathryn DEF/ Rees, David M DEF/ Vincent, Jeffrey M DEF/ Lautes, Albert DEF/ Garner, Julie DEF/ Mello, Melissa DEF/ Grogg, Bruce DEF/ Dowding, Clark DEF/ Johnson, Nicolas DEF/ Parker, Robert DEF/ Anderson, Dee DEF/ Wilbur, Justin DEF/ Ricks, Michael DEF/ Lott, David DEF/ Bradford, Steve DEF/ Ricks, Kristin 07/17/2007 SUMM Summons Issued DEF/ Acentus Consulting Group Llc DEF/ Smith and Merritt Institute Llc DEF/ Modius Financial Llc DEF/ Frv Partners Llc DEF/ Smith, Daniel R DEF/ Merritt, Kathryn DEF/ Rees, David M DEF/ Lautes, Albert DEF/ Garner, Julie DEF/ Mello, Melissa DEF/ Grogg, Bruce DEF/ Dowding, Clark DEF/ Parker, Robert DEF/ Anderson, Dee DEF/ Wilbur, Justin DEF/ Ricks, Michael DEF/ Lott, David DEF/ Bradford, Steve 07/17/2007 SUMM Summons Issued DEF/ Acentus Consulting Group Llc DEF/ Smith and Merritt Institute Llc DEF/ Modius Financial Llc DEF/ Frv Partners Llc DEF/ Smith, Daniel R DEF/ Merritt, Kathryn DEF/ Rees, David M DEF/ Lautes, Albert DEF/ Garner, Julie DEF/ Mello, Melissa DEF/ Grogg, Bruce DEF/ Dowding, Clark DEF/ Parker, Robert DEF/ Anderson, Dee DEF/ Wilbur, Justin DEF/ Ricks, Michael DEF/ Lott, David DEF/ Bradford, Steve 07/17/2007 SUMM Summons Issued DEF/ Acentus Consulting Group Llc DEF/ Smith and Merritt Institute Llc DEF/ Modius Financial Llc DEF/ Frv Partners Llc DEF/ Smith, Daniel R DEF/ Merritt, Kathryn DEF/ Rees, David M DEF/ Lautes, Albert DEF/ Garner, Julie DEF/ Mello, Melissa DEF/ Grogg, Bruce DEF/ Dowding, Clark DEF/ Parker, Robert DEF/ Anderson, Dee DEF/ Wilbur, Justin DEF/ Ricks, Michael DEF/ Lott, David DEF/ Bradford, Steve 07/19/2007 RS Return of Service DEF/ Acentus Consulting Group Llc DEF/ Smith and Merritt Institute Llc DEF/ Modius Financial Llc DEF/ Frv Partners Llc DEF/ Smith, Daniel R DEF/ Merritt, Kathryn DEF/ Rees, David M DEF/ Lautes, Albert DEF/ Garner, Julie DEF/ Mello, Melissa DEF/ Grogg, Bruce DEF/ Dowding, Clark DEF/ Parker, Robert DEF/ Anderson, Dee DEF/ Wilbur, Justin DEF/ Ricks, Michael DEF/ Lott, David DEF/ Bradford, Steve 07/19/2007 RS Return of Service DEF/ Acentus Consulting Group Llc DEF/ Smith and Merritt Institute Llc DEF/ Modius Financial Llc DEF/ Frv Partners Llc DEF/ Smith, Daniel R DEF/ Merritt, Kathryn DEF/ Rees, David M DEF/ Lautes, Albert DEF/ Garner, Julie DEF/ Mello, Melissa DEF/ Grogg, Bruce DEF/ Dowding, Clark DEF/ Parker, Robert DEF/ Anderson, Dee DEF/ Wilbur, Justin DEF/ Ricks, Michael DEF/ Lott, David DEF/ Bradford, Steve 07/19/2007 RS Return of Service DEF/ Acentus Consulting Group Llc DEF/ Smith and Merritt Institute Llc DEF/ Modius Financial Llc DEF/ Frv Partners Llc DEF/ Smith, Daniel R DEF/ Merritt, Kathryn DEF/ Rees, David M DEF/ Lautes, Albert DEF/ Garner, Julie DEF/ Mello, Melissa DEF/ Grogg, Bruce DEF/ Dowding, Clark DEF/ Parker, Robert DEF/ Anderson, Dee DEF/ Wilbur, Justin DEF/ Ricks, Michael DEF/ Lott, David DEF/ Bradford, Steve 07/20/2007 NOTC Notice Filed DEF/ Acentus Consulting Group Llc Judgments # Date Details Bond Information ID Details Financial Summary Un-Assigned Rcps Received ----------------- -------- Civil Filing Fee $270.00 Court Security Cash Fund $10.00 Civil Action Tax $1.00 Stabilization Fund - USER Fee $190.00 Total Un-Assigned $471.00

The Thrill of Victory

On June 23rd I was a competitor in the Arizona Brazilian Jiu-Jitsu State Championships. I signed up for the Blue Belt Masters division so that I wouldn't have to fight anyone under 35.

Unfortunately they didn't have a Masters division, which explains why I found myself up against Jamie Varner for my second fight.

The Agony of Defeat

I recently competed in the 2007 Arizona Brazilian Jiu-Jitsu State Championship. I won my first fight, apparently 8 to 0, though I was exhausted for my second match, against my much younger and much stronger opponent, Jamie Varner, who (not surprisingly) went on to place first in the division.

Here I am tapping out to a choke you can see I am only feebly defending against.

College Partnership continuing "growth plan"

The comments continue to roll in on my Spend your way to lameness post (why it's specifically that post that attracts all the comments is something I still haven't figured out).

One comment in particular makes the claim that College Partnership is now suing Smith & Merritt. Is it only me who finds it odd that a company would sue its own wholly-owned subsidiary?

I admit that I'm incredulous at this point - though certainly curious to learn more.

Meanwhile, College Partnership seems intent on improving their image in the marketplace:

LAKEWOOD, CO -- (MARKET WIRE) -- 05/16/07 -- College Partnership, Inc. (PINKSHEETS: CGPA) announced today that it has engaged The Eversull Group of Dallas, Texas for investor relations consulting.

Dr. Janice A. Jones, Executive Vice President and co-founder of College Partnership, remarked, "After an extensive search, we selected The Eversull Group to assist the firm in building credibility and shareholder value with the investment community. The Eversull Group was recommended to us as a trustworthy and successful communicator that could guide our firm in attracting capital, gaining support and sponsorship. With their help, we expect to recommence executing our growth plan."

With SMI in tow (and no history of profitability), they've got a hard road ahead, in my humble opinion. I also feel compelled to remark that the Eversull Group's web page is currently so awful that perhaps they ought to be concerned about the log in their own credibility before they deal with the mote in College Partnership's.

What Atheist Do I Be?

Jim just took this quiz and posted his results, so I figured I'd do it, too.

I take serious issue with scoring "33% theist"!

You scored as Scientific Atheist, These guys rule. I'm not one of them myself, although I play one online. They know the rules of debate, the Laws of Thermodynamics, and can explain evolution in fifty words or less. More concerned with how things ARE than how they should be, these are the people who will bring us into the future. Scientific Atheist 75% Angry Atheist 50% Apathetic Atheist 50% Agnostic 42% Militant Atheist 33% Theist 33% Spiritual Atheist 17% What kind of atheist are you? created with QuizFarm.com

Nouveau Riche University

This morning I attended an introductory meeting (a.k.a., "sales pitch") for the "real estate investment college", Nouveau Riche (NRU). I had stumbled upon the company, quite randomly, a few months ago while perusing some of the local groups at Meetup.com, but until recently I just couldn't bring myself to take the time to check them out in any detail.

The first red flag to jump out about NRU, though, is that its founder, Jim Piccolo, was also the founder of the MLM company TruDynamics (a.k.a., Travel Dynamics). In my book, anyone who starts a network marketing company is not a trustworthy individual.

There's always a chance, though, that a person can reform, and I wasn't really doing much with my Saturday morning anyway, so I figured "what the hell?" and headed to one of their twice-weekly meetings. When I arrived I could tell immediately I was in the right place, since two of the cars parked there had huge wraparound signs on them, asking "Did you make $30K last month?" and, if you didn't, suggesting to call the supplied phone number.

Much of the content of the meeting itself can be found here, including the actual Powerpoint slide show used by the presenter. Several things struck me about the meeting, though. There were roughly 15 people there, including myself, but I'd say 10 or 11 of them had already either purchased the R2E2 or paid the full "Regents" tuition. This struck me as odd, but one thing they did seem to stress - especially when 4 of the attendees stood up to tell their own success stories since joining (one of the 4 strongly implied that her 19-year-old daughter would be skipping "regular" college and just attending NRU - yikes!) - was NRU's "community" aspect. Supposedly you won't ever be left out in the cold if you join up. I'm guessing many of the people there were enjoying the community? (Yes, it's true that at least some of the people were probably there in hopes of earning a commission on a sale.)

Another thing they stressed was the Investor Concierge service, which sounds pretty cool, but, as this website points out, the example property shown in the presentation used suspicious numbers, such as a 5.25% interest-only loan. For reasons I'll get to in a moment, I strongly suspect the Investor Concierge has a chronic shortage of properties - profitable or not (I'd suspect mostly not) - but a look at one of the "Last 20 Sold" houses using the site's guest account revealed something even more suspicious. Here's a screenshot of a Phoenix AZ property listing on the Investor Concierge site (click images for full size):


Here's the same property's details from the records of Transnation Title:


The discrepancies ought to be patently obvious. The Arizona Regional Multiple Lising Service corroborates Transnation Title's data (big surprise there!). No recent sale of 3302 W Acoma has taken place - at $139K or any other price. I'll let you draw your own conclusions, but I hope you're as disturbed as I am by the implications.

They also highlighted their "business opportunity" aspect - not surprisingly, invoking Kiyosaki's "cashflow quadrant" in the process. While it doesn't technically meet the definition of MLM, the "opportunity" certainly resembles it in many aspects. I'll skip going into any real detail, but the basic idea is that you, as a sales rep for NRU, bring in 2 paying customers, which will result in 50% commissions being paid to your trainer/sponsor/mentor person (the one who introduced the company to you). After that, the first two people those people bring in will result in a 50% commission being paid to you. It's not MLM, exactly, but it does suffer from the serious drawback of quickly creating too many sales people in a given region.

Think about that, for a moment. You might remember that old shampoo commercial: "They'll tell two friends, and they'll tell two friends, and so on, and so on..." That may work great for shampoo, but is such a scenario even remotely workable for real estate investing?

For sake of argument, let's grant that, say, 5 of the people with the big car signs really do, consistently, month in and month out, make $20K-30K selling NRU tuition packages. They claim that 98% of the people who sign up do so at the "Regents" level. That's an $8K commission to the person who signed them up. So, that's roughly 3 new "students" per salesperson signed up every month, or 3x5x12=180 new "real estate investors" recruited in a year by those 5 salespeople. Now, as you know, those 180 people were, in part, enticed to join NRU with the promise that they could each also make approximately $288K in a year. But to do that they'll have to bring in another 6,480 people. And what about those people? How easily do you think they'll each make $20K/month?

According to a recent article on azcentral.com, homeowners in the Metro Phoenix area who default on their mortgages get an average of 300 pieces of mail from foreclosure investors. Assuming your typical pre-foreclosure investor sends a "campaign" of 5 letters to one house, that means that there are somewhere around 60 people competing for each potential investment property. The competition has gotten so fierce that now some foreclosure sharks are sending oddly shaped colored envelopes with hand-written addresses - and even including pieces of Jolly Rancher candies inside! All in the hopes that their ad doesn't simply go straight to the trash, ignored. Nouveau Riche University wants to increase that number from 60 to 6,480 competitors, plus! Does that seem even remotely sustainable to you? Are you interested in being one of those 6000+ "investors" competing for investment properties? In what other industry (aside from MLM) are the "sales reps" actively working to undermine their own success by training their own competition?

In spite of the obvious mathmatical unworkability of NRU, their introductory meeting's sales pitch is definitely a slick presentation, and you can't help but get caught up in the warm and friendly atmosphere they, no-doubt, carefully cultivate. At the conclusion of the presentation they instruct you to immediately go and tell your sponsor-person if you're interested in signing up, learning more, or just want to leave. I told my Independent Student Advisor that I was somewhat interested in learning more, but that I still had a number of questions. Foremost in my mind at this point is why this person, who has been with NRU for about a year, doesn't appear to own any investment properties - at least not locally.

It probably goes without saying that I won't be plunking down any money for this "opportunity" any time soon.

A superb, must-read, critique of the whole Nouveau Riche phenomenon can be found at cockeyed.com.

UPDATE, 7/16/07: I received an email today from my independent student advisor contact, asking me to remove all mention of her from this post and the comments following. The ISA's contention was that the inclusion of this information is "disrespectful" and "unnecessary". I have agreed to remove all mention of her name - to protect against the possibility of unrelated future Google searches by, for example, potential stalkers - but I believe that the links to the public record are necessary. Anyone interested in the truth should be in favor of greater transparency, in my humble opinion. This is why I include links to both the Maricopa County records, and the AZ Corporation Commission records, since she claims not to own any investment properties by name.

As part of this update, I had to delete several of the comments from the comments thread. Those are reproduced here, with the ISA's name replaced by strings of X's.

KIWI said...
And by the way, XXXXXXXXXX DOES own several properties here and in Las Vegas! Please do not make assumptions about things you know nothing about.

7/02/2007

Einzige said...
Kiwi,

What's with the ALL CAPS? Do you think that by shouting at me you'll win others to your cause?

You say: I KNOW WHATEVER I SAY WON'T BUDGE YOUR STUBBORN MIND...

Quite the contrary, I am more than willing to listen to substantive arguments, consisting of logical analysis and the presentation of empirical evidence in support of your assertions. Unfortunately your comments so far have provided neither of those. Instead, you've simply made a number of bald assertions and insults to my character - while simultaneously ignoring the bulk of my complaints against NRU. Hardly persuasive stuff, I'd say.

WHY WOULD YOU THINK INTEREST ONLY IS BAD FOR A BUY AND HOLD?

I'll skip delving deeply into the details, but each potential loan is going to have its pluses and minuses, and should be evaluated on an individual basis. The main questions with respect to an interest-only loan should be: 1) How long is the interest-only period? and 2) When the reset comes, what are my best- and worst-case monthly payments going to be? I suppose there are situations where an interest-only loan is appropriate, but given the future's uncertainties, I'd prefer knowing what my payments are going to be.

Why don't you explain your thought process, rather than insult me for my apparent ignorance in this area?

And by the way, XXXXXXXX DOES own several properties here and in Las Vegas!

How do you know this? Note I didn't "assume" anything. All I said was that she doesn't seem to own any investment properties locally, based on Maricopa County records associated with her name and the name of the corporate entity I could find associated with her - I even provided a link to the relevant MC records! I didn't claim that this was definitive proof.

On the other hand, if she wants to convince potential recruits that NRU is an effective means of becoming a successful RE investor, she ought to make it easy for folks to find evidence that she actually is one herself. Don't you think?

What about you, Kiwi? Where are your investment properties? I'd like their full addresses, for starters. Maybe some rental agreements, too. Otherwise I think those of us who are incredulous are entitled to remain so.

7/02/2007

UPDATE TWO (01/09/08): It seems that all of my ISA's promotional web sites for NRU and real estate investment are now defunct. This is certainly not evidence in favor of NRU.

Smith & Merritt: Waffle Your Way To Wealth

I'm beginning to like S&M's slogan. It's such an easy target.

Below is a scan of a refund letter sent to gthomp62, a commenter here on Die Eigenheit, signed by Kathryn Merritt herself. In it, she says that Smith & Merritt are "sorry", "embarassed", and, "most of all, deeply apologetic" about "unforeseen problems and issues" that "took longer to overcome" than they planned. They're also "truly sorry" and sad about the "anxiety, frustration, and inconvenience" they've caused.

The reason the refunds are late? The acquisition of S&M by College Partnership, which has a board of directors who are now in charge of managing and approving "the funds to be allocated and released to Smith and Merritt for past client services and refunds." I might be naïve about such things, but that sounds like bullshit to me. When one company acquires another it does so with the full knowledge and understanding that it has existing assets and liabilities, as well as pending agreements and obligations. Those things don't suddenly become null and void or change their terms just because their ownership has changed!

Oh, I love this quote (my emphasis):

We have begun putting a comprehensive plan in place to provide better and timelier information to you regarding refunds...As this is decided and we receive the information, we will be able to give you a better idea of the timing on your refund and when you can expect to receive it.

Not just the timing, you see, but also when you're going to get it, since "Nothing is more important than providing [the refund] you expect."

Whew! I'm sure everyone who got a copy of this letter feels better already.

Smith & Merritt: Scam Your Way To Wealth?

I called it.

I don't mean to toot my own horn, here, but back almost a year ago, when Smith & Merritt were endlessly assaulting my ears with their inane slogan, “Spend your way to wealth”, on the Howard Stern Show, I said this:

They don’t seem to have any “products” for sale—except a “Free Report and Consultation,” which has to be some sort of loss-leader designed to get you to buy the “real” (and no doubt “real expensive”) stuff, whatever that is.

Shortly after I wrote that and the post following it, the Smith & Merritt advertising contract with the Stern Show ended, and they promptly dropped off my radar screen.

I gave them no more thought, until recently, when the number of hits to my blog via Google searches for “Smith and Merritt” started spiking. Then the comments started trickling in. Most painting an incomplete picture of some sort of high-pressure sales scam designed to bilk people out of $9,995 (or $3,895... I'm not sure which) with the promise of “materials” and/or coaching sessions.

Now, think about this for a second. People are coming to S&M for some sort of financial education, which, presumably, they need because they aren't doing so well, financially, right? So what's the likelihood that these people are going to have $9,995 in ready cash to spend on the S&M program? Undoubtedly, “But I don't have that kind of money” is a common objection, and it seems S&M have a ready “solution” - something that, based on the comments in this post, they dubbed a “student loan”. Apparently they counsel their clients to do a balance transfer from their credit cards to their checking accounts, after which S&M withdraws the money from checking. I may be wrong about this, but I believe that such a setup makes it more difficult to dispute the charge if you feel you've been ripped off - otherwise why would S&M go through the trouble?

A check at the BBB website for S&M or the deceptively named “College Partnership” (their other company?), reveals a number of unresolved complaints that seem similar to the ones people have been leaving on Die Eigenheit. I'd like to quote at length from a very detailed comment left today:

When we signed up for this program, we understood that we would get sound financial advice. Being this was our first experience with financial coaching & the cost of the program, we had no other reason to assume we weren't going to get financial advice. The salesman used high-pressure sales tactics & a needless sense of urgency in selling us the program stating that even if we wanted coaching there was a chance we wouldn't get "accepted". From the sales call (we have detailed notes of the call) he stated we'd have "unlimited access" from the best people in the business which implied financial advisors, yet he NEVER told us that we would NOT get coaching from financial advisors or planners. Had we known this, we wouldn't have signed up for the program. We purchased on Aug 7, 2006 for $3895 for 3 months of coaching. Even though we had 72 hrs to cancel after purchasing we hadn't started any coaching to determine that our coaching was just a professional form of cheering rather than financial advising. The first two sessions focused on our abundance statement and not finances! We realized especially after the 3rd session (around the beginning of September 2006) that this was not the service we expected. Besides calling us late, our coach hadn't even reviewed our financial reports we had emailed to her & after talking with our coach on the phone she informed us that she was not LICENSED to give us financial advice & we discovered that she didn't have a strong financial background! We were then assigned another coach because he used to sell insurance & had a "strong" financial background, yet after tolerating 2 sessions with him, we made the decision to seek a refund. We contacted the head of coaching and explained our concern & over the course of a few weeks or so she kept meeting with a "committee" giving us the impression that a decision would be made as to our refund. However, we eventually received a letter from a "customer care" lady stating that we should continue coaching & later another letter that we were to continue with 6 more sessions due to "contractual responsibilities" (whatever that means) & then they would reevaluate our complaint. Knowing that the coaching does not advise like we originally understood, this is an unreasonable request. She mentioned in the letter that we needed to file an "official withdrawal" from the coaching program & other pertinent information, yet when we have called the SLC office to receive further instruction to get the form or other information, we have had no response. We have made numerous attempts to talk the salesman regarding the sale & others regarding a refund & neither has returned our calls. We filed a complaint with the BBB on March 1, 2007 & the information was sent apparently to California & was returned with a correspondence stating that he wasn't in charge of refunds. We filed a complaint with the SLC office. That BBB complaint came back unanswered.

If it wasn't clear before that Smith & Merritt is a company to avoid, it seems quite clear now.

Making Fortunes* in Foreclosures

*Once you've discarded your ethical compass

The Sale/Leaseback Technique

Find a distressed homeowner in a house with a decent amount of equity (I’ll admit that this particular scheme is a bit passé in today’s foreclosure market, given how little equity is out there right now). If at all possible, your homeowner should be a non-native English speaker and/or have the education level of a 6th grader.

Tell the homeowner(s) that you’re there to help them stay in the home. This’ll win you big points, as the prospect of losing their house has undoubtedly been weighing heavily on their minds. It's a sure bet that you’re not the only shark to have come along—except that all the others have probably been artlessly insulting them with lowball offers to buy the place.

Tell them that you’re going to bring their loan payments current—use a big word like “reinstate”—they’ll be impressed and appreciative. Explain that you’re going to “execute a Warranty Deed” for them. They won’t have a clue what that means, so be sure to gloss over the fact that this will transfer all beneficial, legal and equitable title interest in the “subject property” to you. Stress, instead, that you know in your heart that they are good and responsible people who’ve just hit a rough patch in their lives. You can just tell that in a couple years, when they’re back on their feet financially, they’ll be buying their home back and all will be as it was. To think otherwise is to be ruled by fear, paranoia, cynicism, and negativity. You’re not that way, and they shouldn’t be, either! The more you can pile on convincingly about things like “The Law of Attraction” and how your being there is proof that “someone upstairs must be looking out for them,” the better.

Meanwhile, you’ll have them sign a 2-year lease agreement with the following salient features (some of which you’ll want to downplay as much as possible):

• The Buyer (that’s you) will take over paying the current mortgage, as well as bringing the payments current.


• The Seller’s (that’s them) rental payment will be the original mortgage amount plus a monthly “service” fee, usually around 18-20% of their mortgage payment. More than likely, you’ll be able to stress to your homeowner(s) that even with this fee you’re going to be saving them money, since they’ll still be paying below market rent.


• Rent is due on the 1st, subject to a 5% late fee on the 4th, and, if not received by the 15th, puts the agreement into “default.”


• The Buyer agrees to sell the house back to Seller at the end of 2 years, as long as Seller is not in default, for the sum of a) the original cost of reinstatement of the loan; b) any and all escrow fees not already paid by Seller; and c) a “funding” fee of roughly 4% of the loan balance.


• At the Seller’s discretion, as long as they are not in default, the rental agreement and option to repurchase can be extended on a month-to-month basis beyond the 2-year mark.


• Any breach of the agreement by the Seller will constitute “default,” which immediately terminates all rights Seller has with regard to their option to repurchase. Once default has occurred, no remedies are available. “Seller understands and agrees that Buyer may seek recovery of subject property and all damages incurred, including but not limited to, court costs, legal fees, and any other remedy at law or equity from Seller resulting from Seller’s default.”

Now, given that your homeowner has already demonstrated an inclination towards financial irresponsibility and an inability to handle the original mortgage amount, how likely do you think it is that they’re going to make it the full 2 years plus, paying 20% more per month? Even if, by some slim chance, they do, how likely is it that they’ll also have saved up the several thousand dollars they’ll need to buy the house back from you?

In other words, done correctly, this technique allows you to purchase the equity of a home for 10 to 20 cents on the dollar!

The Risks

Since Arizona Courts have ruled in the past that sale/leasback schemes can be considered equitable mortgages, the above may be actionable under various Federal and State statutes, including but not limited to the Truth in Lending Act, the Fed's Regulation Z (esp. 226.2(a)(11) and the Homeownership and Equity Protection Act of 1994), the Real Estate Settlement Procedures Act, and (if you’re in Arizona) the Arizona Consumer Fraud Act.

The Virtual Realty Funding Company (on whom this summary of the scam is based) is currently being sued by the Arizona Attorney General's Office for fraud.

A Thinking Blogger Award!

Dikkii has been kind enough to grace Die Eigenheit with a Thinking Blogger Award. I am quite flattered and can't help but feel a teensy bit unworthy. I'll try to get over it, though.

The rules require me to tag 5 other blogs (that haven't yet been tagged) that make me think. In no particular order, these are...

David D. Friedman's Ideas

I can always count on Dr. Friedman to present an issue in a way that cuts right through all the extraneous garbage and exposes its most important parts to a withering scrutiny.

The No God Zone

While I tend to find the ubiquitous typos distracting, this blog's surprisingly wide range of topics and irreverent style keeps me coming back for more.

Rightwatch

Narrowly focused, updated infrequently, and written anonymously, this blog is still always worth checking in on, as it aims to expose the seedier elements of the "libertarian" movement. Actually, I strongly suspect that Rightwatch and No God Zone are written by the same person.

The Fly Bottle

If only we all could be as brilliant as Will Wilkinson!

Mish's Global Economic Trend Analysis

I love graphs of stuff. I love economics. Mish's blog has plenty of both, with lots of informative analysis thrown in for good measure. A decent amount of controversy in the comments, too.

Matthew Chan No Longer Hosting Burley Forums

Die Eigenheit has just been paid a visit by Matthew Chan, who informed me that the John Burley discussion groups at the MasterMind Forums have been moved here.

Although this has, for the time being, broken all of my links to the individual posts there, at least everything hasn't been thrown down the memory hole. I should get around to the annoying task of fixing the links sooner or later.

Mr. Chan would like it to be known that he doesn't consider himself a "guru" or a "Burleyist", though I can't recall ever applying either of those labels to him.