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?
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.
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….
Have filed a fraud claim with Consumer Affairs, complaint with California State Department of Business Oversight.
Will likely have to file for Injunctive Relief as MGC Mortgage, Inc. and the Law Offices Of Les Zieve represented by Ms Karen Talafus are incommunicado, closed to observe the holiday.
I am right indignant at being left uninformed about what to do when dealing with the real property of a deceased parent and a conniving mortgage company/bankster. There really oughta be a manual.
Everyone I have spoken to seems unfamiliar with what is plainly written in Probate Code about rules and regs, conditions and responsibilities of parties involved in probate proceedings. Everyone assumes the mortgage company must be paid. Well, they should get what is rightfully owed to them, and the rules of probate detail how that is supposed to work. Paralegals, look under Creditor Claims, Mortgages, Deceased mortgage loan holder. A creditor has a year from the date of death of the decedent to make a claim against the Estate. Dead people are not supposed to continue to rack up bills. A creditor has to be notified about the probate proceedings in a timely fashion so that they can make a claim against the Estate of the decedent. They have, if I have interpreted and remember correctly, about four months after being notified to file their claim with either or both the Court and the Estate Administrator. MGC Mortgage, Inc. was notified of my mother’s death in 2005, but failed to notify me to file probate. In fact, the first time I heard someone mention the word probate was last Friday when, after 48 minutes of transfers and holds, I contacted Ryan in the Foreclosure department of MGC Mortgage. He informed me that the property had to go through probate and seemed right stupefied when I told him probate had already closed. He asked me to fax him corroborating docs, which I did. I also mailed a hard copy.
I was told by Karen Talafus that my faxed copies were illegible, could I send the copies to her. She works for the law firm of Les Zieve acting as Trustee in the auction. I emailed her the copies. That was Wednesday morning. Still no word from either bankster about this matter. They are stalling, but they will be stopped.
Legally, MGC Mortgage, Inc. could not file a claim against the Estate because they are long past the year limit, nine years past the limit. That needs explaining. My name is not on her loan documents, but I was led to believe I had to continue paying the loan, all these years getting no credit for doing so. That needs explaining. Presently, it is my mother’s credit that is being wrecked on paper. Why, nearly a decade after her death?
Probate was open for three years. MGC Mortgage, attempting to squeeze every dime from me, finally started foreclosure against my mother, ten years dead, and is planning to sell the property at auction, no matter what the Probate Court found, on 15 July 2015. This is the reason to file for Injunctive Relief, as the property title was transferred to me by the Court after no claims against the Estate were received.
Such arrogance and gall. And they continue in their extortionist behavior without stop. I wonder how many people they have rooked out of their property?
My mother of blessed memory left 10 years ago. She had a mortgage loan with RBC Mortgage or some such. They had purchased the loan from Aames Home Loan when they went under. My mother’s death was reported to this first alphabet soup company, which was only concerned with who was going to pay the mortgage. My name was not on my mother’s loan. Instead of getting me to continue making payments, I should have been told to file probate. Mortgage holders, in California, have to make a claim on the estate of a deceased mortgagee within a year of the death. The first alphabet soup company sold the mortgage to MGC Mortgage, Inc. without, I think, disclosing the facts of my mother’s death, or MGC Mortgage knowingly committed fraud by having me make payments on an account that was not mine and for which I received no credit for 7 years.
No one is responsible for another’s debts unless you signed, co-signed, or in some other way obligated yourself or made yourself responsible for the bill.
How is it, then, that my mother, whose initial loan was $25,500, now owes MGC Mortgage almost twice that amount 10 years after her death? Why is my mother’s credit being shredded 10 years after her death?
In 2012, an employee of the Los Angeles County Tax Assessor’s office told me to file probate in order to transfer title of the property to my name. There really oughta be a manual…. I thank the Great Spirit daily for motivating her to speak, else I would still be being victimized.
Filing probate costs lots of money, but I got her done. Probate was open for 3 years. MGC Mortgage was duly notified of all that was going on. They were the only creditor listed when probate was initially filed. They needed to make a claim within 4 months of receiving my Letters of Administration, if I have interpreted the Code correctly. No claim was made. Probate closed and I was awarded the property. In the summary, it clearly states that no creditor claims were received by either the Court or the Administrator. Case closed, yes?
No. MGC Mortgage is still trying to get money from my mother’s account. They want me to assume a loan that should not exist. They want me to pay more on top of the 7 years worth of payments made by me, and the decades of payments made by my mother on a $25.5K loan.
MGC Mortgage’s legal department seems unfamiliar with the rules of law, Probate Code, and court orders. They have foreclosed on the property, after 10 years of milking the account, and plan to sell on 15 July 2015. I explained to them that they failed to make a claim on the Estate, the property was awarded to me with no stipulations, and they needed to respect that as the Business Oversight Bureau of the great state of California informed me that I have grounds for making a complaint.
Probate is about paperwork and reading the the Code to find applicable information to help transfer property title from the deceased to a new owner; it is work that can be accomplished by a dedicated paralegal.
In the final hour, I received a notice from the Los Angeles County Recorder to contact Consumer Affairs for help in stopping the foreclosure sale of the property. They, too, thought I had to assume the loan or pay MGC Mortgage, but I explained the situation, directed them to the sections of the Code I used to defend my position, and they decided to look further at the problem to see if they can at least help stop the sale.