AS · Criminal Organizations · Disaster · Economic Anger · Homeownership · Insurance · Paralegal Studies

Case Closed?

Looky here, folks. The final tote board. Not one indication of the $48K taken from me, no indication of the foreclosure that propelled me into bankruptcy, except that Beal Bank is clearly listed as a creditor. My, my.

That $1680 – $68.40 are the only fees recorded by the Court. Tortfeasor Brad Weil filed for >$9000 in attorney’s fees. I objected, citing his failure to represent me, his failure to account for my insurance monies, his failure to perform due diligence, his negligence & malfeasance. The Court agreed with me as his fees have been removed from the final accounting.

I have been robbed under the cover of the law.

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Documentation

Before the Independence Day break, I sent the FDIC 22 pages of documentation refuting the claims of Beal Bank.

To refute their claim that they owned my mother’s mortgage loan in 2003, I submitted the business name filing statement from Texas that says Beal Bank came into existence in 2010. This information came from counsel for Beal Bank and was included in the documents said counsel submitted to my attorney for the bankruptcy I was forced to file to stop the foreclosure Beal Bank claims they did not issue.

Also, I think I figured out how this scam was run for such a long time. In 2011, MGC Mortgage told me to file an Affidavit of Heirship to become authorized to take over my mom’s mortgage. I sent a copy of this document that I was told, after submitting it, was not the appropriate document to use, and I would still not be authorized to discuss the loan. What they did was create a file with my name misspelled with the addition of a superflous letter. All information about the property went into this file, including the insurance information. My name is on the insurance from 2011 and MGC Mortgage knew this. The name on the homeowner insurance and on the mortgage must match to be legal. I sent a copy of my insurance declaration from 2011 with MGC Mortgage listed as a lienholder and showing my last name misspelled, thus putting to rest the lie that they had no notice of my mom’s death until 2013 during probate.

To the Beal Bank 15: Check all your documents for errors of this nature. Name misspellings and missing document numbers that would allow for tracking a document’s history over time. Having acquired the original Trust Deed document with all escrow and loan numbers, I was then able to send FDIC and Beal Bank the document showing that Residential Credit Solutions was the servicer of the mortgage and held it at the time Beal Bank claims to have owned the loan.

I sent many other documents to FDIC to support my claim that I have been robbed by Beal/MGC/Dovenmuehle et al. systematically over time, starting from 2008 when the real estate bubble burst and spilled corruption out all over American mortgage consumers.

I want my insurance money back. In fact, I want all money back that was paid to this institution because I am not convinced that their claims are at all valid. If there was a valid claim, why all of these lies, obfuscations, and the dreaded runaround?

 

 

 

 

 

AS · Criminal Organizations · Economic Anger · Homeownership · Law · Paralegal Studies · Probate Housing Creditors Mortgages Mortgage Fraud · trauma

Beal Bank Be Tripping

Now, I have been shown to be a liar by Beal Bank for the last time. The cretinous bank claims it did not file foreclosure against my property. Funny, but my bankruptcy documents clearly show Beal Bank as the party ruining my life.

Beal Bank’s General Counsel Grant Hamilton stated he did not want to know what MGC was getting up to. Perhaps he is only too well aware of what they do, but refused to hear it come from me because he might have to claim accountability.

Ah, me. What to do? No one is responsible for stealing my money?

Criminal Organizations · Economic Anger · Homeownership · Insurance · Law · observations · Paralegal Studies · power · Probate Housing Creditors Mortgages Mortgage Fraud · trauma

Grant Hamilton, General Counsel for Beal Bank, SSB, Plano, TX is a I-Don’t-Want-to-Know-Anything Brass-Plated Schmuck

4.3.2017 Called MGC Mortgage, Inc., Lake Zurich IL, to ask for my property tax refund. Spoke to Jennifer, Anthony, Jocelyn, and supervisor Josh. He told me he would research and return my call. He never did.

4.4.2017  Spoke to supervisor Mary Ann. She said she would give a message to supervisor Josh. Gues she didn’t.

4.5.2017  Finally, spoke to Harvey. He seemed to work in the research department and had some knowledge of the history of payment associated with loan number 1423927043. He told me there was no listing of the source of payoff on the loan, other than my mother’s estate, which has been closed for two years. No note in the file that the check was from Safeco insurance and that the monies were homeowner’s insurance claim funds. Harvey transferred me to supervisor Tyler who truly did not want to talk with me. It was Harvey who told me MGC employees are not allowed to provide their last names to customers. What a way to run a financial institution, eh?

Supervisor Tyler, long story short, assured me my property tax refund check would be sent to me, payable to me instead of my mother’s estate which ceased to exist once probate closed. Beal Bank filed foreclosure against my property as probate closed. They headed all their documents to the Estate even though they knew the estate was closed and I was the legal owner of the property. They also took my money, that was in my name, to pay their claim, cloaking the payment to look as if it were drawn from funds other than my own.

4.7.2017 I called to speak with supervisor Tyler and was told by Josh and Brad Cox that they would investigate the problem I was having getting my property tax refund returned to me. He connected me to pisspot General Counsel for Beal Bank Grant Hamilton, whose name oughta be Stonewall Jackson. According to him, there is no one higher up the food chain than he in the legal department. One whole attorney for in-house counsel. Beal Bank likely has thousands of lawyers for litigation.

As he shrugged me off on Medium.

This arrogant troll told me Beal Bank owed me nothing, that they had no interest in my property, and had nothing, document wise or any wise, to return to me. Hamilton defended the right of Beal Bank to rob me. What’s that joke about a billion lawyers at the bottom of the ocean being a good start?

I have been writing complaints about Beal Bank for three years now. I concluded agencies like FDIC, CFPB, the whole lot of the alphabet soup of agencies charged with consumer protection, are powerless against, and in bed with the corporations that bedevil us.

That smug fart Grant Hamilton…with his shrugs…and lack of ethics. Putz.

 

 

 

AS · Criminal Organizations · Economic Anger · Homeownership · Insurance · Law · Paralegal Studies · Probate · Probate Housing Creditors Mortgages Mortgage Fraud · social observation · trauma

The Last Word

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.

 

Sincerely,

Subject: FINAL RESPONSE from Law Offices of Brad Weil- BCA Complaint 98810870

“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.”

Cordially,


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.

Sincere regardss,

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.

RESPONSE:

“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.”

Criminal Organizations · Economic Anger · Law · Paralegal Studies · power · Probate · Probate Housing Creditors Mortgages Mortgage Fraud · research · Sociology · trauma

Beal Bank (Real/Real)

In 2014, Beal Bank (6000 Legacy Drive, Plano TX, 75024 469.467.5000) foreclosed against my home via a Trust Deed.

They have been paid off through their affiliate, MGC Mortgage/Dovenmuehle Bank (Dovenmuehe Mortgage Inc, 1 Corporate Dr., Lake Zurich IL, 60047 No working phone number).

After paying off a Trust Deed, children, the original instrument should be returned to the legal owner of the property.

Beal Bank has not returned my Trust Deed. The Bank seems unaware that it foreclosed on my property. Zieve Law (30 Corporate Park, #450, Irvine CA, 92606 714.848.7920) placed a lien on my property, but there was no Trust Deed, else probate judge would have informed me of its presence.

Language has been changed in documents submitted to BK court to no longer reflect payoff of a Trust Deed, but payoff of a mortgage. However, foreclosure documents state there is a Trust Deed.

Where, oh where can my Trust Deed be? I do not want my son to have to live through this nightmare.

 

Criminal Organizations · Economic Anger · Homeownership · Insurance · Law · Paralegal Studies · power · Probate Housing Creditors Mortgages Mortgage Fraud · Sociology · trauma · Uncategorized

DEAR FDIC (Real/Real)

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

ADDENDA

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 at https://nessasnotions.wordpress.com.