Today I received from the BK court the following notification:
Pursuant to the court’s findings and conclusions at the hearing on the motion to dismiss this case, IT IS ORDERED THAT:
(1) debtor’s bankruptcy case is dismissed; and
(2) the court retains jurisdiction on all issues involving sanctions, any bar against being a debtor in bankruptcy, all issues arising under Bankruptcy Code sections 105, 109(g), 110, 329, 349, and 362, and to any additional extent provided by law.
Paralegals, your homework is to research the above sections of the BK Code and to consider the significance of their inclusion in this notification.
First creditors hearing scheduled for 22 January. Beal Bank/Dovenmuehle/MGC/RCS and apparently Aames Home Loan should be present. I hope they have to answer how it is that I paid Aames Home Loan the mortgage when Beal Bank acquired the Trust Deed securing their interest in the property in 2004. This occurred a year before my mother died, but I have no record of this transfer. Surely, my mother would have been entitled to know of this transfer?
When I notified Aames Home Loan in January 2006 of my mom’s death, I was instructed to “just keep paying the bill.” I was not told to file probate. I was not told that because my name was not on the mortgage, I would need to file probate in order to communicate with the mortgage company about the loan. I was told to “just keep paying the bill.”
In 2011, a representative from the tax assessor’s office told me to file probate. As soon as I could get the money together for the court costs, I filed. There is no respite from the fees for the working poor. I had to file probate on my own because I did not want to sell my home; no attorney would take the case as there was no golden bonus to be had. Probate was open until 2014 with only MGC listed as a creditor. While in probate, Beal Bank filed foreclosure against my mother. They claim they had no knowledge of my mother’s death until probate was filed in 2012.
It seems, if I interpret the recording date on the reconveyance of the trust deed correctly, I have been paying Beal Bank since 2006 as they masqueraded as Aames Home Loan, RCS, and finally MGC. When I plug MGC into a search engine, the results come back Beal Bank.
I had to file bankruptcy on a 10-year-old mortgage that is not in my name. I have paid on this not-in-my-name-mortgage for 10 years, maintained the insurance, repairs, etc., in my name. Aames Home Loan aka Beal Bank was notified of my mother’s death by phone, and sent an original death certificate by mail in 2006.
I hope some transparency will be achieved into how this was allowed to go on for so long. I think I should have an explanation of what has taken place over the past 10 years. I paid, received no tax credit, no plus marks on my credit, no nothing for 10 years, then Beal Bank tries to steal my equity-rich home for <$50K.
Is this really proper procedure for a mortgage company/bank?