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 . . ..
The winds were high and apparently gentle, but the property-line tree fell on my home. Happy Earth Day! The tree was over 60′ tall by a ways. The utility pole stands that high and the tree towered over that, all five branch trunks growing from the main stem. Hard to believe the tree started from something like a weed, easily yanked out of the earth before it can grow into the heavy colossus guarding the property line.
When the branch cracked away from the central trunk, I was sitting under it in my bedroom. You know that sound you hear in films about the lumbering industry, hacking down the forest, shouting,”Timberrrrrr!” The tree cracks away from the base and the upper branches whoosh earthward through the air. I heard the crack, heard the whoosh, and was out of the room by the thud that signaled the trunk had come to rest on the roof and on the roofs of the next two houses. No damage to any roof but my own. Thank you, Mother Earth.
The ceiling was kept up by things sitting atop the closet. I can see daylight where the wall of the house buckled and burst at the seams from the weight of the limb that laid atop the roof for 3-4 days. The general contractor said the only reason the tree did not come into the room is because it was small. Saved by geometric configuration and physics.
The general contractor also said the house must be razed.
I await the adjuster/appraiser. Long wait in a precarious shelter. I refuse to go into my bedroom. Just moved to the living room, though it is somewhat dicey up here as the neighbor continues to host a colossus, some of its branches overhanging my property….
It took 18 days for my insurance company to respond to my claim. Seems the mortgage company called and changed the pay arrangement I’d made with the insurance company 5 years ago to deduct my insurance payments directly from my bank account. The mortgage company is alleged to have stated they were opening an escrow account and would be paying the insurance from now on. Then, when the bill went unpaid for a couple of months, I received a warning letter that the insurance would cancel shortly. Well, bafflement aside, I paid the insurance in full so that there should be no more problems until time to renew, which is coming soon.
Beal Bank is claiming their interest in the property is not protected by an adequate equity cushion. Wonder what that means as I owe only $44,185.85 as of 7 June 2016 and there is four times that much equity in the property AND the insurance is covering the claim, which will increase the value of the property.
Beal Bank claims they will reach out with possible loan modification options, but we have been over that ground before. Besides, they do not handle home mortgages, according to their Plano TX office and I have already been denied loan modification twice by MGC Mortgage. This backhanded, iffy offer is conditional upon the BK court lifting the stay to foreclose on the property.
Beal Bank will stop at nothing in its attempts to wrest my home from me.
This is what a senior can expect. This is what a veteran can expect. This is what a college graduate can expect.This is what one disabled can expect. This is what the remnants of the middle-class can expect: What you have worked, sweated, struggled, and sacrificed for can be taken away from you, no matter all your playing by the rules, by a corporate entity that can hide behind the law and paperwork. The agencies that are supposed to look out for the consumer are in conflict of interest situations with the oppressors. For example: Beal Bank v FDIC.
There is a 2009 article by Tyler Durdan on the Hypocrisy of the FDIC that I cannot bring up right now, but I will continue to hunt it as Beal Bank is featured in the article.
I have no idea how things are going to turn. After suffering what felt like strange treatment from my insurance company, things have turned there. Seems I had a crooked contractor. His major interest was in money. He was shady from the start, suggesting I move and store my own furniture and pocket the money. Cray-cray. You should have seen my new adjuster swoop in and slay the dragon who lied, came unprepared and incorrect for a woman on her job, a woman of distinctive family heritage, with a good name known for many generations. It was thrilling to watch her work, exposing what I think would have been considered fraud. It is so unfortunate that one cannot conduct business with African-Americans any more. Always come shady lately, if they come at all.
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.
on 19 July 2004, Beal Bank claims to have been the holder of the Deed of Trust on my property. This would mean that they owned this Deed before my mother’s death. Why, then, did I continue to pay Aames Home Loan until two years after her death, then paid RCS for two years, then paid MGC until the tax assessor’s office informed me of my need to file probate in order to gain clear title to the property?
Notification to Creditors
All of mom’s creditor’s were notified of her death and sent original death certfcates no later than February 2006. Aames Home Loan was notified by phone and in writing, yet the claim is that they had no knowledge that my mother was dead until probate was filed in 2012.
Beal Bank = MGC and likely RCS and Aames Home Loan
I wonder if I can demonstrate that since MGC and Beal Bank are the same entity, bank regulators could to tell me why I paid Aames, RCS, and MGC/Beal Bank, and am still paying them, if they have held the Trust Deed since 2004. Does this set of conditions merit any investigation by those who claim to represent consumers and homeowners?
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.