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

The 5-Year Plan

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?

 

aging · Community · Criminal Organizations · Economic Anger · Paralegal Studies · Probate

MGC MORTGAGE, INC. cont’d (REAL/REAL)

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?

Paralegal Studies

Demand Letter

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.

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Real/Real

On Thursday, my neighbor of 50 years said to me, “Fuck your mother.” Unfortunately, I wished him the same. However, I think his remark was out of bounds as I only asked him to move his car forward a little bit to make it easier for me to get out of my driveway. We had a screaming fest, heavily laden with expletives, as I mainly parroted back what was shouted at me, as it is not customary for me to be playing the dozens and yelling in the street like a fishmonger’s wife.

So, I’m taking his mother to Small Claims Court to get my $7500. I think I have a great torts case. Got some negligence involved, intentional injury, PTSD, and possible punitive damages. Most important, I have years of supporting documentation. Preliminary research begun. . ..