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.

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

What Have I Learned? (Real/REAl)

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?

 

aging · Class · Criminal Organizations · Disaster · Economic Anger · Homeownership · Insurance · Law · Uncategorized

These Are the Facts (Real/Real)

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.

 

 

Criminal Organizations · Economic Anger · Paralegal Studies · Probate · Probate Housing Creditors Mortgages Mortgage Fraud · research

Beal Bank (Real/Real)

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.

Criminal Organizations · Economic Anger · Paralegal Studies · Probate Housing Creditors Mortgages Mortgage Fraud

Strange Documentation (Real/Real)

Beal Bank

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?

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Banksters vs Hamilton: The Latest (Real/Real)

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.

Uncategorized

Learning Curve of the Perplexed (Real/Real)

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….