Beal Bank told the FDIC that they did not file foreclosure against me. So, why is their name on the final tote?
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?
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.
Put my anger in a pot on the back burner, letting it simmer while trying to understand how my elected officials are planning to let an old-ass, unfit, lying buffoon take over leadership of my country.
All those lawyers, and they are going to allow an idiot blowhard bastard (did he even have a mama?) to be in violation of the Constitution from day 1? Every senator who attends the inaugural should be voted out ASAP and then choked with their law degrees. Every legal and political scholar who supports this travesty should lose her or his citizenship ASAP.
PEEOTUS may be depraved. He is definitely dishonest. He is absolutely despicable, likely seditious, making of my country a laughingstock. Authoritarianism and perversion go together. Think Caligula, Tiberius Ceaser, the Catholic Church, Christianity. My people who voted for this ass should be feeling robbed and raped about now because they have been by an infantile cunt. How can this be happening?
I tweet rude, insulting, nasty things to PEEOTUS the schmuck. He reveres the poisoner-in-chief. I hope he gets some tea.
Excuse me while I add some pepper to the pot.
We now know for a fact that the government of Russia and Vladimir Putin is blatantly interfering in this year’s presidential election, most notably by hacking into and strategically releasing the emails and computer files of Democratic organizations and campaign officials. There has been no equivalent targeting by Russia of Republican organizations or the Trump…
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.
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 at https://nessasnotions.wordpress.com.
Insurance proceeds totaling more than the amount demanded by Beal Bank/MGC Mortgage, Inc. have been received by the bankruptcy department in Lake Zurich, IL, original handler of my mortgage payments, loan modification requests, originator of requests for Affidavits of Heirship and directions to get title to the property without ever mentioning probate.
As MGC Mortgage, Inc. is listed as a lienholder on my homeowner insurance, the checks are made to both of us. I had to endorse the checks and send them to Beal Bank as bankrutcpy payments. It is allegedly illegal for them to take the monies and leave me high and dry for repairs to my home. I want them to continue breaking the law as with them I want no further truck.
However, I expect them to come up with some trick to keep me in bankruptcy and under their thumbs until Rapture. They have managed it this long, portraying me as the irresponsible, underhanded one who failed to report my mother’s death to them until I filed probate. They also claim that they have held this loan from 2003, two years before my mother’s death. These claims are in the court documents, made by attorneys for Beal. In documents from MGC to the FDIC, they admit they had knowledge of my mother’s death from 2008. This makes sense as I paid two other companies for this loan before I began paying MGC Mortgage in 2007-8. Nevertheless, I’m the lie and Andrew Beal is the rich, pretty boy.
We will see . . ..
It really does matter when you file probate, as opposed to the disingenuous response given me by Beal Bank that no matter when probate is filed, it makes no difference.
Well, bugger that. Had I filed probate immediately after my mother’s death, I would not have incurred the huge tax bill that I did when I filed change of ownership paperwork, on the advice of MGC Mortgage, Inc. aka Beal Bank, before I filed probate. When I could not pay the greatly inflated taxes, MGC was able to open an escrow account and get one tentacle around my home.
Now that probate has closed and the tax assessor knows who is the owner of the property, the reappraisal that was triggered will be eliminated and I am due a significant refund. This I will report to the FDIC, not that I expect the information to be of any use to me, but perhaps others who have dealings with Beal Bank have had this experience. I continue to believe Beal Bank is due for a serious audit, but I know it will not happen in our current corporate-supportive context.
I think the advice to file change of ownership docs constitutes giving legal advice, just as advising me about probate would be considered giving legal advice. There seems to be no way to beat a bank, no matter how crooked and corrupt it may be.
The law needs to serve the people. The law needs to be accessible to the people.
When are we going wake up to our diminishing rights and representation by those who have sworn to serve us?
A very large limb from a very tall weed fell on and crushed my bedroom. It didn’t crush it to bits, but the limb did hit with enough force to split my bedroom at the seams, crush the center beam and godtotell what’s up with the rafters. The wall is leaning away from the ceiling, which is cracked and broken.
The house was built in 1927 that I know and there never was a foundation, but crawl spaces did exist for I sometimes crawled under the house to go exploring. Lots of spiders’ webs and plants that grew in the dark. Sometimes, they’d grow right through the spaces in the wooden floor. Tongue-in-groove, but they grew around the wood. I’ve always appreciated the heartiness of the earth and the plants that come out of it on my small patch. I have digressed.
The insurance company that I have paid for the past 5 years sent no one to inspect my damages for 18 days. The estimator told me that he thought he should refrain from making an estimate until a structural engineer assessed the damage. He went out and spent a great deal of time in his vehicle writing his conclusions. I thought he ordered the structural engineer. He told me he was, but when I called to speak with my adjuster several days later to ask when the visit was scheduled, his second knew nothing. The engineer did show up shortly after I made the call.
My claim rep communicates poorly, if at all. He seems to have dealt with my case in haste. Or, was he somehow corrupted by MGC/Beal Bank? These monsters contacted the insurance company and told them that they would be paying the insurance. My insurance payments have never been late as they are directly debited from my bank account. Because MGC/Beal Bank is listed as the lienholder, they are allowed to make some changes at will. This change resulted in me receiving a warning letter from the insurance company because the premiums had not been paid for two months. The insurance company also told me, the person responsible for paying the bill for the past five years, that they were responsible for protecting the lienholder’s interest. Where does that leave the consumer, the person directly dealing the with the loss? With your interest unprotected.
This bloody bank can hide behind the law. Everything the bank does is protected behind legalese and legal fees.
The fight to save my home continues.