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 . . ..
Counsel for Beal Bank filed a falsified document with the federal bankruptcy court, asserting their right to foreclose on my property based on a secured trust deed … that was fully reconveyed in … 1997.
The purpose of probate is to establish clear title to real property. If an active trust deed existed on the property, it would have been unearthed through the probate process.
Beal Bank ignored the probate results, that awarded title to me, free, clear, and uncontested, and proceeded with their wrongful foreclosure.
Also, Beal Bank, through their falsfied document have accepted responsibility for making me pay for a mortgage that was not mine for 10 years.
Waiting for the BK court to tell me something, but have to wait until April.
I think I am owed some money.
I have written here before about the gang members who live across the street and harass me every chance they get. Last March, the day before my birthday, I sent a Demand Letter to the owner of the property. I asked for $7500 in compensation for harassment, threats on my life, taunting, attempted humiliation, and exposure to violence. They seem to have forgotten how they have treated me from 2008 to the present day.
When they shut up after the first letter, I let it go, but the other day as I was walking out to my car to go to the 341 hearing, I was loud-talked, chided, and asked why I wanted to sue my NEIGHBORS! I was subjected to this harassment because the loud-talking woman decided to accept gossip for reality. She thought I called the Sheriff on her. Why? Must be guilt, because I hadn’t thought about them since March 2015.
Since she brought it up, I thought to renew my demand for my money. If I don’t receive the $7500 by 20 February, we will be seeing the inside of the Small Claims Court where the landlord will have to explain why she supports a nuisance.
Filed complaints with Better Business Bureau, Consumer Affairs, CA State Department of Business Oversight, and the young Consumer Financial Protection Bureau http://consumerfinance.gov. I also wrote to Senator Elizabeth Warren as I know her to be a consumer advocate and quite involved in the formation and operation of the CFPB.
My representative from Consumer Affairs had to negotiate with MGC Mortgage, and it was not a pretty affair, but he gained my side a month’s reprieve, in which time MGC Mortgage is supposed to review the loss mitigation documents I submitted. I expect for them to come back with a denial and some excuse that would prevent me from qualifying for loss mitigation, and I’ll be told to do something else. They denied a loss mit app in November 2014 and told me I was not eligible for a loan assumption, though the word lately has been loan assumption whenever I’ve been able to speak to an MGC representative.
Now, thanks to the helpful input of friends and several agencies, I’m on a mission to find the $42,000 owed these people on a $25,500 loan taken out in 1997! Go figure. Maybe I’ll put my GoFundMe page back up…
Simplest way to amend the Probate Code to avoid any more of this type of backdoor theft of real property from consumers by banksters would be to require ALL creditors to make a claim against the Estate of a deceased mortgageholder, thus also requiring all creditors to inform the consumers who notified them of the mortgageholder’s death of their possible need to file probate. Both secured and unsecured creditors should be held to the same standards when a deceased mortgageholder is involved.
Finally, spoke with attorney who put my understanding straight. Mortgage companies do not have to tell you to file probate. They only have to collect their money because they are a secured lender. They just get their money or do what they are doing to me, selling the property.
I will have to assume the loan, but now that the balance is 3x what it was before this foreclosure started, I still feel ripped off, but the mortgage company has done nothing wrong. How can this be right?
Since no one is required to tell heirs what should be done when dealing with mortgage companies, particularly ones that do not communicate any info other than where to send the payment, a manual should be created to inform consumers of what basic steps can be taken to protect our interests and save our property from seizure through questionable business practices.
There oughta be a law requiring financial institutions to inform people of steps they should take after the death of a parent who leaves real property. The fate of our inheritances should not rest on the caprice of a moneylender. Secured lenders should be required to file claims against Estates just like unsecured lenders, and they should have to do it in a timely fashion.
What has happened to me should not happen to anyone else just because they have no money and cannot hire an attorney.
Well, off to find some cash….
Before filing a Small Claims case, one is required to write and mail a Demand Letter to the entity you intend to sue in Small Claims court. This letter briefly details the problem, states the nature of the injury, and provides a breakdown of the charges for which one is demanding payment.
One page is preferred, professional tone. Provide a date for compliance with the demand and let the defendant know the matter will be followed up in court if payment is not received.
If one receives payment, one need not proceed to court. If payment is not received and you are in California, e-file your case. Turnaround time is quick. If accepted, you can file, pay, and be on your way in the matter of a few hours without ever leaving home.
On Thursday, my neighbor of 50 years said to me, “Fuck your mother.” Unfortunately, I wished him the same. However, I think his remark was out of bounds as I only asked him to move his car forward a little bit to make it easier for me to get out of my driveway. We had a screaming fest, heavily laden with expletives, as I mainly parroted back what was shouted at me, as it is not customary for me to be playing the dozens and yelling in the street like a fishmonger’s wife.
So, I’m taking his mother to Small Claims Court to get my $7500. I think I have a great torts case. Got some negligence involved, intentional injury, PTSD, and possible punitive damages. Most important, I have years of supporting documentation. Preliminary research begun. . ..