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.