All Forum Posts by: Brian Freeman

Here's my new thread after deciding I don't have time to sue out of state fraudsters:

https://www.biggerpockets.com/forums/51/topics/693876-my-story-of-being-scammed-by-morris-invest-and-oceanpointe

@Brian Ford I contacted Mr. Piatt's firm to see if I could be a named Plaintiff. They are currently not taking on any more new named Plaintiffs in their suit. I have the amended complaint downloaded from PACER/ECF.

@Caleb Heimsoth After it became clear that Clayton had no intention of performing on his buyback agreement, I sold it on the open market at a huge loss in order to prevent continuing lawsuits from Marion County for health and safety violations.  The cost to rehab was too high.  I took the tax deduction in 2018 for my loss.

 No, Clayton Morris offered to buy it back and signed a contract to do it.  Then he willfully breached the contract.  He refused to put in writing his reason(s). 

@Marko Zlatic it's even more nauseating to see the YT comments on the Morris video where they are defending themselves and making themselves out to be co-victims.  It was estimated by Indystar that Morris profited in the ballpark of 6 million dollars in kickbacks from Oceanpointe.  Clayton says "he had to spend 500k on contractors" in his reply comment to me on YT.  Seems there was still a nice profit margin, even if he was paying staff over the course of 2 years. It will be interesting to see what the attorneys dig up in discovery through these lawsuits.

History with Morris Invest & OceanPointe Investments LLC

If any of you are suing Clayton Morris and OceanPointe, this information is mostly for you.  I am a California attorney who contemplated bringing a Federal case against these Defendants for what occurred below.  However, in my years as an attorney I have learned from personal experience that lawsuits like these typically becomes throwing good money after bad when one seeks civil remedies against people who commit fraud. Judgments go unpaid. Collection is a nightmare - especially out of state judgment collections. Fraudsters continue to run, lie, and hide assets. Finally, they raise the shield of bankruptcy. Rather than lose more time and gray hair seeking justice, I have decided to make my story and evidence public. Below is my timeline and I will be willing to share any of my documents with other Plaintiffs or attorneys.

Good luck to my fellow victims, and may there be true justice at the end of this story.

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8/29/2016 - Received one-pager advertisement of 2021 N. Linwood Ave from Dave Koehn | PDF Attachment

8/29/2016 - Received photos of 2021 Linwood Ave from Dave Koehn at Morris Invest

8/29/2016 - Brian Freeman e-mails Dave Koehn of Morris Invest to take the Linwood property

8/29/2016 - Nicole Meckley emails Brian purchase agreement

8/30/2016 - Nicole Meckley emails Dan from Paramount Title

9/7/2016 - Sale closing of Property

9/12/2016 - Nicole Meckley sends me info for the cost to rehab; ($5,100) | Estimate Attachment | Wiring Instructions

10/3/2016 - Nicole Meckley responds to Brian Freeman that the flip is now complete and they will send photos and start marketing the property;

Note that the property never needed to be “marketed” as there was purportedly a tenant already in place at the time of sale of the property (see 12/13/2016 below)

10/13/2016 - Nicole Meckley writes that the flip is complete and she only has a photo of the furnace because there’s a tenant in already;

Note that if any rehab was done it was while there was a tenant occupying the property

10/18/2016 - Nicole Meckley writes all of the contacts at Oceanpointe to start rent deposits;

Note that Oceanpointe likely received and collected a month rent without remitting it to the new owner from closing date of 9/7/2016

10/31/2016 - I notify Morris Invest that I have already been cited by insurance for an improper dog breed;

11/15/2016 - I write Clayton Morris that I never saw the before & after rehab photos; I ask for the lease paperwork.

11/18/2016 - Bert Whalen tells me he will send me the photos personally;

11/29/2016 - Nicole Meckley writes an email with photos after the flip that are of poor quality; she sends the repair estimate that states what was fixed; | Part 2 | Estimate

11/29/2016 - Brian sends payment by wire via Wells Fargo $2,550

12/13/2016 - I inform the Morris Invest team that I still do not have a copy of the lease;

12/13/2016 - Clayton emails me a one page lease signed by a Kent Stork on 7/2/2016 (prior to my purchase of the property - I did not notice this at the time)

Copy of lease

4/17/17 I write to Clayton Morris informing him that the taxes doubled from the advertised taxes for the property;

11/2/2017 - I write to Clayton informing him that I am being sued by the Marion County Health Department; | Copy of Summons and Complaint

11/3/2017 I write to Clayton Morris asking if it’s normal to get sued by Marion County; he replies yes that his office handles it;

11/3/2017 I write to Clayton Morris informing him that is was a surprise there were so many reported issues with the property;

12/29/2017 - I inform Clayton / Oceanpointe that I was cited again and he tells me that they are working on it. (reply below on 1/3/2018)

1/3/2018 - E-mail from Rose stating they are working on the December 2017 violations notice; | Marion County Notice

1/5/2018 - I write Clayton asking if it’s true that Oceanpointe PM lost its licence in Indiana; he says it’s not true.

3/5/2018 - I write Oceanpointe PM and let them know rent was late; Karen Schnabel writes back with an apology that the invoice was not sent out by mistake.

3/16/2018 - Karen from Oceanpoint sends an automated invoice that says, “vacant” dated 3/20/2018; Copy of PDF Invoice Attachment

It was noticed during the research of the timeline of events that every single invoice ever received from Oceanpoint was titled exactly the same: "Invoice 0001131 from Oceanpoint Investments LLC"

3/27/2018 - I write to Charles the County inspector asking for more time to fix the property and my intention to change PM;

3/27/2018 - I speak to Charles the County inspector on the phone. He tells me the property has been vacant since October 2017.

Note that Oceanpointe deposited rents from October 2017 through March 2018.

3/28/2018 - I sign the contract to change PMs to Wilmoth Group;

4/2/2018 - The Wilmoth Group PM sends me many photos of the destroyed property, including what appears to be an abandoned stolen vehicle on the premises; they estimate a cost of $12,000 to $15,000 to repair all the issues; PHOTOS

4/2/2018 - Reply from Clayton promising to make needed repairs

4/3/2018 - Clayton Morris emails me that he is checking out the house this morning with his team; that it’s a good property and that OP will fix it on their dime. That he wants Blue Sky to manage it.

4/6/2018 - Rose emails that she sent the issues over to maintenance again

4/6/2018 - Kate from Morris Invest says repairs are being done

4/18/18 - Kate from Morris on repair status

4/18/18 - Demand for rescission of sale from Brian Freeman to Clayton Morris

4/19/18 - Reply from Clayton Morris re: buyback

4/24/18 - email from Kate from Morris re: a new invoice from OceanPointe

5/1/18 - Fully executed buyback agreement completed

5/31/2018 - email from Clayton Morris regarding his breach of the buyback agreement

More news - and a better story:

https://www.indystar.com/story/news/2019/03/26/fox-and-friends-clayton-morris-investment-real-estate-scheme/3128857002/

That's me quoted in the story:

https://www.nytimes.com/2019/03/25/business/fox-news-clayton-morris-indianapolis.html

I am furious that Clayton is playing the victim card. I am even more perplexed why the story writer would plug his new business at the end!

He still has plenty of assets from his ill gotten gains. Enforce your judgment while you can. 

Aleks, what's the status of legal action against these crooks?  I am putting together a CA lawsuit now.  I lost about 20k on my "investment." It was all a scam, a fraud, perpetuated by Oceanpointe and Clayton Morris.