Brad Weil had me bring the check in to copy it as I told him when I received the check that it was made out to me and MGC Mortgage. I told him they were likely to take all of the money when they were supposed to put it into a draw account. I also told him at that meeting that another check was coming, all of this prior to the confirmation hearing. I told him that I had to sign the check and send it to Beal Bank. He provided the address that I used to send the funds. He did not tell me that he was going to allow them to take the funds to pay off the Trust Deed they claimed to possess. I did not choose to use the proceeds to pay off the mortgage. I could not do that. That is illegal. Insurance funds must be used for repairs.
Shortly after meeting with Brad Weil in his office, after the funds had been taken, I received a remainder check from MGC Mortgage addressed to the Estate of Bessie Turner. Brad Weil told me to sign the check as the executor of my mother’s estate and cash it. I refused to do so because the Estate had been closed for over a year as I informed Brad Weil. The property was awarded to me in Probate. MGC Mortgage/Beal Bank was the only creditor involved in the Probate, and they made no claim against the Estate, but submitted documents to Bankruptcy Court made to look as if they were filed against the Estate. I called Beal Bank, told them Brad Weil did not represent me, and could I be sent a check for the remainder in my name as I am the owner of the property. A check was then sent to me in my name.
Brad Weil was most perturbed that I wrote a letter to the Bankruptcy Court stating that he did not represent me and that if my case was to be dismissed, it should be dismissed because the Bank had been paid off before the confirmation hearing and not because of missed payments. If I had remained silent, none of this would have come to light and Brad Weil would be satisfied with the payment he received and the case dismissed. Brad Weil told me I didn’t have to write to the court because they were going to dismiss my case anyway.
So, I will follow up with the Bar. When I came to Brad Weil the secon time it was because I was duped by Westfield Law Group, scam artists. He promptly gave me a complaint form to the Bar. I wonder why he would want to do less in this case. Brad Weil and the Law Offices of Les Zieve, counsel for Beal Bank seem to have been working together. I certainly see no evidence that I was his priority as a client. And I will again write the Bankruptcy Court to provide more detail about Brad Weil’s failed representation of my interests and to pray for dismissal on the grounds of possible malfeasance.
I do not have an answer for why I received no itemized statement of how the funds were used, likely because explanation of the use of insurance funds to pay a mortgage would be difficult.
I do not have an answer for the change of reason for foreclosure from Trust Deed to Mortgage after the funds were misappropriated.
I do now understand why Ms Aceves seemed genuinely confused about a payment I made. She repeatedly asked me what the payment was for. I told her Brad Weil told me to pay him the amount. For what? I don’t know. Fees?
One last thing. About a month after the tree fell on my home, I received notification from my insurance company that my policy was in danger of being cancelled because of nonpayment of premium. This was peculiar as I had my payments automatically deducted directly from my bank account. Beal Bank through MGC Mortgage changed my insurance, stating they had an escrow account and would be responsible for the bill. Then, they failed to pay the bill. I was displaced from my home, unable to live in it as it was red-tagged. Had I picked up my mail any later, I would have been without any insurance coverage and would have lost my home to scheming tricks. I told Brad Weil of this incident. He did nothing. I have to know that his inaction, failure to do due diligence, was correct.
I was guilty of providing Brad Weil with information of which he seemed unaware. I told him I could not get a HELOC as long as I was in bankruptcy, that if Beal Bank was going to take all of my funds, they would be paid off before the confirmation and then I would have to wait 30 days for the dismissal to show on my credit report. Then, I could reapply for the HELOC. When I left his office that day, I thought he was going to apply for dismissal, but he confirmed the bankruptcy after the sole reason for me being in bankruptcy was removed, then waited six months for the soft dismissal for missed payments to come about. For the record, I have not returned to my bank to request a HELOC as Brad Weil suggested in his first response. That would make no sense as I was still in bankruptcy. Brad Weil never mentioned having the Court help me get a HELOC, no mention of all this refinancing. Brad Weil, at that point, had no idea what I was going to do to get my home repaired, but I should continue making plan payments.
I provided him with an article about Beal Bank’s predatory ways regarding 15 people who also suffered wrongful foreclosures. Beal Bank preys on particular demographics: single women, elderly, disabled, low-income, in particular zip codes. He would not read it. I showed him Probate documents that stated no claims were filed against the Estate. He disregarded them. No matter how many times I told him of my abuse at the hands of Beal Bank, he did nothing, except tell me to continue making plan payments until he told me I could stop paying anytime once Beal Bank took my insurance funds.
“The company states they never saw the money and advised her to sign the insurance check as the executor of her mother’s estate to Beal Bank as payment to apply towards the mortgage loan. She used the proceeds to pay off her home due to the foreclosure. All the company did was advise her with what to do. She can refinance the property while in bankruptcy if she would talk to the company and let them help her, but she will not talk to them. Brad Weil is trying to do everything he can to assist her. He would prefer that the customer contact him and not file a claim with BAR. The BAR will dismiss the case if the customer does not make the payments. If the customer would like to obtain refinancing, the company can file a motion to approve the refinancing by the Bankruptcy Court. The company is unsure if the customer wants the bankruptcy dismissed altogether. If she dismisses it, she will owe the fees in a lump sum instead of paying for it monthly. She is scheduled to be in the bankruptcy until December 2018. If the customer would like assistance with the refinancing please contact the company for a referral and other assistance.”
Subject: Re: Response from Law Offices of Brad Weil- BCA Complaint 98810870
The longer I think about this matter, the more I think it should be reported to the California Bar Association. I should not have to seek outside financing of the repairs to my home. The insurance proceeds were wrongfully appropriated, just as my property was subject to wrongful foreclosure and Brad Weil aided and abetted counsel for Beal Bank in that endeavor.
24 February 2017
Our office received the following response from the Law Offices of Brad Weil. Please let us know if you would like to provide a rebuttal.
“Vanesa Hamilton hired my office to represent her in a Chapter 13 bankruptcy to stop a foreclosure sale of her home. That case had bankruptcy case number 2:15-bk-25997-NB and was filed the day before the foreclosure sale of her home located at 2057 E. Lucien St., Compton CA 90222. Ms. Hamilton did not appear at her required 341 meeting of creditors and that case was dismissed. At that point she was not longer a client. She contacted our office again (due to the pending foreclosure) and complained that the plan payment we put her in was too high and that is why she did not show up at the hearing because she could not make the payment required of her. I informed her that if she had contacted us sooner we could have worked something our and amended her plan to lower the payment. My paralegal (Vanessa Aceves) did not want to take her back as a client because we had not been paid on her previous case. Ms. Hamilton and I came to an agreement that she would make payments on the first case (some of which she did but not all) and I would file a second case.
The Second case was assigned case number 2:15-bk-29035-SK. This case Ms Hamilton wanted us to file an objection to the mortgage company’s proof of claim and oppose the mortgage company’s Motion for relief from the automatic stay (which require extra fees to be charged to her plan). We did that work and filed a fee application which was approved. The plan was confirmed. During that process Ms. Hamilton suffered a tree falling on her house during a wind storm. The insurance company paid the mortgage in full then issued a refund check to Ms. Hamilton, however due to the fact that she inherited the home they issued it to the executor of her mother’s estate (which she had a problem with). At some point shortly after the confirmation Ms. Hamilton stopped making her plan payments. My office filed a motion to modify her plan which was granted. Ms. Hamilton is supposed to resume her bankruptcy plan payments in March. It seems she has stopped communicating with my office and has chosen instead to file a complaint with your organization. From what I gather she wants to refinance but is having a hard time doing that while in bankruptcy. There is a way to refinance while in bankruptcy and if she would communicate her wishes to my office I could help her accomplish that. At this point I have no communication from Ms. Hamilton except the complaint she submitted to your organization.”