My mother of blessed memory left 10 years ago. She had a mortgage loan with RBC Mortgage or some such. They had purchased the loan from Aames Home Loan when they went under. My mother’s death was reported to this first alphabet soup company, which was only concerned with who was going to pay the mortgage. My name was not on my mother’s loan. Instead of getting me to continue making payments, I should have been told to file probate. Mortgage holders, in California, have to make a claim on the estate of a deceased mortgagee within a year of the death. The first alphabet soup company sold the mortgage to MGC Mortgage, Inc. without, I think, disclosing the facts of my mother’s death, or MGC Mortgage knowingly committed fraud by having me make payments on an account that was not mine and for which I received no credit for 7 years.
No one is responsible for another’s debts unless you signed, co-signed, or in some other way obligated yourself or made yourself responsible for the bill.
How is it, then, that my mother, whose initial loan was $25,500, now owes MGC Mortgage almost twice that amount 10 years after her death? Why is my mother’s credit being shredded 10 years after her death?
In 2012, an employee of the Los Angeles County Tax Assessor’s office told me to file probate in order to transfer title of the property to my name. There really oughta be a manual…. I thank the Great Spirit daily for motivating her to speak, else I would still be being victimized.
Filing probate costs lots of money, but I got her done. Probate was open for 3 years. MGC Mortgage was duly notified of all that was going on. They were the only creditor listed when probate was initially filed. They needed to make a claim within 4 months of receiving my Letters of Administration, if I have interpreted the Code correctly. No claim was made. Probate closed and I was awarded the property. In the summary, it clearly states that no creditor claims were received by either the Court or the Administrator. Case closed, yes?
No. MGC Mortgage is still trying to get money from my mother’s account. They want me to assume a loan that should not exist. They want me to pay more on top of the 7 years worth of payments made by me, and the decades of payments made by my mother on a $25.5K loan.
MGC Mortgage’s legal department seems unfamiliar with the rules of law, Probate Code, and court orders. They have foreclosed on the property, after 10 years of milking the account, and plan to sell on 15 July 2015. I explained to them that they failed to make a claim on the Estate, the property was awarded to me with no stipulations, and they needed to respect that as the Business Oversight Bureau of the great state of California informed me that I have grounds for making a complaint.
Probate is about paperwork and reading the the Code to find applicable information to help transfer property title from the deceased to a new owner; it is work that can be accomplished by a dedicated paralegal.
In the final hour, I received a notice from the Los Angeles County Recorder to contact Consumer Affairs for help in stopping the foreclosure sale of the property. They, too, thought I had to assume the loan or pay MGC Mortgage, but I explained the situation, directed them to the sections of the Code I used to defend my position, and they decided to look further at the problem to see if they can at least help stop the sale.