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
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.
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?
A very large limb from a very tall weed fell on and crushed my bedroom. It didn’t crush it to bits, but the limb did hit with enough force to split my bedroom at the seams, crush the center beam and godtotell what’s up with the rafters. The wall is leaning away from the ceiling, which is cracked and broken.
The house was built in 1927 that I know and there never was a foundation, but crawl spaces did exist for I sometimes crawled under the house to go exploring. Lots of spiders’ webs and plants that grew in the dark. Sometimes, they’d grow right through the spaces in the wooden floor. Tongue-in-groove, but they grew around the wood. I’ve always appreciated the heartiness of the earth and the plants that come out of it on my small patch. I have digressed.
The insurance company that I have paid for the past 5 years sent no one to inspect my damages for 18 days. The estimator told me that he thought he should refrain from making an estimate until a structural engineer assessed the damage. He went out and spent a great deal of time in his vehicle writing his conclusions. I thought he ordered the structural engineer. He told me he was, but when I called to speak with my adjuster several days later to ask when the visit was scheduled, his second knew nothing. The engineer did show up shortly after I made the call.
My claim rep communicates poorly, if at all. He seems to have dealt with my case in haste. Or, was he somehow corrupted by MGC/Beal Bank? These monsters contacted the insurance company and told them that they would be paying the insurance. My insurance payments have never been late as they are directly debited from my bank account. Because MGC/Beal Bank is listed as the lienholder, they are allowed to make some changes at will. This change resulted in me receiving a warning letter from the insurance company because the premiums had not been paid for two months. The insurance company also told me, the person responsible for paying the bill for the past five years, that they were responsible for protecting the lienholder’s interest. Where does that leave the consumer, the person directly dealing the with the loss? With your interest unprotected.
This bloody bank can hide behind the law. Everything the bank does is protected behind legalese and legal fees.
The fight to save my home continues.
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?
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.
Thanks to Brad Weil, I have successfully filed a Chapter 13 bankruptcy to save my home from the banksters aka Beal Bank/MGC Mortgage.
I consulted a bankruptcy attorney early in this process and she thought I would be unable to file, but my current attorney declared I had a right to pay and made it happen.
What I have is 5 years to find someone to investigate this bank and its practices. It should not be possible for a bank to steal your home after making you pay for it while receiving no credit for being a homeowner in good standing, no tax breaks, and no consideration. How do you keep an account open on the deceased for ten years and this is legal? How do you masquerade as another company, change the company name every two years, to finally end up a bank?
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?
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.