I am submitting this summation of my experience with Beal Bank for your later regulatory review of the Bank. If, as your representative informed me at my last call to your agency, Beal Bank is not required to give me an accounting of the loan, nor required to maintain records from the origination of the loan, nor do anything other than assert their right to foreclose on my property, then it is true that the agencies alleged to serve consumers truly do nothing except support the interests of banks. I wondered why your representative was arguing so vehemently for the Bank, so I did some research and found the FDIC actually buys accounts and sells them to the banks. This was the case with Beal Bank. Seems like a conflict of interest, but I’m only a consumer who now understands I can expect no help from FDIC.
Beal Bank, through their attorneys, Zieve, Brodnax & Steele, LLP, have alleged that a claim was filed against my mother’s estate, that Beal Bank owned the loan from 2003, and that a trust deed was signed over to them by AAmes Home Loan in 2004. Also, my home is scheduled to be sold at auction on 7 June 2016.
For the record, there was a trust deed recorded between my mother and AAmes Home Loan. Zieve Law falsified documents saying the trust deed was made over to Beal Bank.
As I stated before, Beal Bank did not own the loan in 2003. They did not begin servicing the loan until 2007-2008. That is as far back as they can account for the loan, and that would make sense as AAmes and RCS were the prior servicers of the loan. At no time in all the time I made payments to MGC/Beal Bank was a trust deed mentioned. Also, you now are in possession of the statement from MGC that they had been notified of my mother’s death in 2008, the year they began servicing the loan. Yet, they continued to do business with a dead woman even though I tried many times to find out what I needed to do to be recognized as the party now responsible for the property.
Zieve Law filed a document with the bankruptcy court that is made to look like a claim was filed against the Estate. However, the Final Distribution states no claims were filed. MGC Mortgage was the only creditor notified of the probate and would have needed to file a claim as my mother died in 2005 and there are time constraints associated with filing a claim, particularly when the decedent has been dead longer than one year. Not only was a claim not filed, but foreclosure proceedings were started as probate was closing.
MGC/Beal Bank does not service home mortgages according to their statement, so I do not understand why, if a trust deed was held, and my mother’s death was known, why I was instructed by MGC/Beal Bank to “just keep paying the bill?” Why was I made to complete loan modification documents, several times, when home mortgage loans are not serviced? Why was the communication with the servicer in Illinois cut off when they were the entities I had been taking instruction from since 2008? FDIC suggested I work directly with the servicer, but they will not communicate with me directly. I have called their representatives to reach disconnected numbers.
To say that it does not matter when probate is filed, as MGC’s representative did, is disingenuous. Because I filed probate seven years after my mother’s death, I was responsible for the back taxes, calculated from her date of death. Had I filed probate before filing the change of ownership paperwork, I would not have incurred the large tax bill that prevented me from closing probate for two years. The Escrow department paid the taxes, but the department that dealt with loan modification was unaware of this. When I called MGC in Illinois to let them know probate was closed, I was told that I couldn’t close probate because I owed back taxes, not that there was a trust deed. When I sent a copy of the Final Distribution, suddenly all lines of communication shifted to Texas.
I have sent paperwork to the tax assessor’s office that should result in a recalculation of the taxes, bringing them back to the level they were at my mother’s death as I qualify for certain exclusions and exemptions that could only be accessed following probate.
Throughout this process, I have been portrayed as a liar, not notifying MGC/Beal Bank of my mother’s death until 2012. MGC/Beal Bank is not communicating with me. They are, however, attempting to run roughshod over the probate court’s findings to take my property.
Zieve Law wrongfully foreclosed on my property, filed no claim in probate court, recently posted their name rather than MGC/Beal Bank on the listing of trust deeds filed with the County Recorder. Zieve Law also states in their foreclosure paperwork that they performed their due diligence in attempting to contact my mother regarding the matter. Really, when they knew she was dead from 2007? Why all the subterfuge when, if a legitimate trust deed was held, a claim could have been filed with the probate court in 2012? Because Zieve Law has falsified documents, violated the probate findings, and wrongfully foreclosed on my property, and forced me into bankruptcy and destroyed my credit, I am reporting them to the California Bar Association for their questionable legal practices.
As the regulatory authority, and business partner of Beal Bank, I do hope an objective review of this financial institution will occur. However, I believe this will not happen. All agencies I have had the misfortune to contact during this ordeal stand firmly behind the entities that are hurting consumers. I do have an attorney, but what about those who do not have the means to hire counsel to fight behemoths like Beal Bank? We simply lose, right? And the robber barons continue to fleece us with the support of agencies charged with assisting consumers fight the deep pocket banks.
Thank you for your attention.
cc: Congresswoman Janice Hahn
Senator Elizabeth Warren
21 September 2016
To date, MGC Mortgage/Beal Bank/Zieve Law have taken proceeds from my insurance claim to satisfy the trust deed. I am owed payment for the overage, but cannot get a check issued in my name because, according to MGC Mortgage, they “are allowed to process checks only in the name of the mortgage holder.” Despite repeated calls to Beal Bank, as no one at MGC will speak to me because they “have no authorization” to do so, I cannot get this money refunded to me in my name.
MGC knows that the Estate of Bessie M. Turner has been closed for two years as they started their foreclosure when probate was closing, therefore I cannot get the measly $400 that was left over from their beggaring the insurance funds that were in my name. I have been told by several contractors that the taking of the insurance funds to pay the mortgage is illegal, but if it is, no doubt whatever their actions are they will be found legal as they have been through this entire process.
I still do not know if I have clear title to my property as MGC/Beal Bank will not return the original trust deed. Perhaps the law has changed and they no longer have to return this document, but I will just have to wait and see what happens as I have no one, no legal counsel to explain what MGC/Beal is doing, and they are unwilling to communicate directly with me.
This brings me to the crux of the matter. Average people do not have adequate access to good legal representation that fights the likes of Beal Bank. Lawyers are in it for the money. Pro bono is a sham. Legal Aid offers such limited options for those of us with no money when we all know that is the grease on the wheel in this monetized materialist milieu. They are known for all the matters for which they offer no help, just as are most of the consumer agencies that claim to be there for us poor slobs.
If not for luck and grace, I’d have lost my home to these scoundrels, thanks in part to the lack of adequate access to protections and protectors of consumers and their rights, and in large part, to a lack of money.
I was able to access a bankruptcy attorney to stop the foreclosure long enough for Mother Nature to provide a way out of this nightmare relationship with MGC/Beal. Turns out he was only in it for money, not to truly assist his client. Now that my mother’s mortgage is paid several times, and MGC has been removed from my insurance, the coverage they tried to cause me to lose by changing the payment arrangement and then failing to pay the premium, I wait for the trust deed. Until I receive that, or some explanation of why I may not have it after having paid for it, I remain convinced that Beal Bank and MGC Mortgage have been and continue to engage in fraudulent activity with me. If Beal Bank held the trust deed, why is Zieve Law firm listed with the County Recorder’s Office as the holder of the trust deed? If this trust deed is legitimate, why wasn’t it brought to my attention at the time of my mother’s death? Why is there no transparency in these shenanigans?
I do hope you will investigate all of these entities. They are crooked as a barrel of fish worms. Meanwhile, be sure to read my blog about the goings on athttps://nessasnotions.wordpress.com.