Consumer complaint received 2022-04-01
Company: HSBC NORTH AMERICA HOLDINGS INC.
State: OH
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
After multiple years participating into our allegedmortgage, we noticed some unknown concerns regarding its origination. While researching an unknown increase in the allegedmortgage payment, we found issues regarding Mortgage XXXX XXXX XXXX XXXX XXXX, as Nominee for HSBC Mortgage XXXX ( XXXX ) /HSBC Bank XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX NY XXXX, proving a fraud on an Assignment of Mortgage from a property participating with Housing for Urban Development ( HUD ). The fraudulent Assignment of Mortgage was recorded in the XXXX, Ohio XXXX XXXX XXXX 's office Instrument Number : XXXX, volume number : XXXX, page number : XXXX. XXXX XXXX ( Notary ) out of the state of New York XXXX XXXX XXXX XXXX gave his official seal and stated he witnessed XXXX XXXX personally appear and sign this Assignment of Mortgage regarding Loan number : XXXX and MERS ID number : XXXX. We raised multiple concerns disputing the debt, issues about the origination of the mortgage and presented evidence about the fraudulent transferred mortgage to the alleged current XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX ) not in its individual capacity but solely as Owner Trustee of XXXX XXXX [ XXXX ] XXXX c/o Servicer XXXX XXXX XXXX, XXXX ( XXXX ). The alleged Current Holder XXXX stated " We are not involved in the decision-making process of what properties are held in the various trust In our capacity as Trustee, we do not have an economic or beneficial interest in the loans and have no authority with the respect to the management of the real estate held in the XXXX, including the above referenced property referring to XXXX XXXX XXXX XXXX XXXX XXXX Ohio and stated, " All questions should be directed to the servicer ( " XXXX '' ). '' " XXXX has a responsibility under the trust agreement to address the issues you have described in your complaint. '' We also raised these concerns to XXXX who stated, " although we service the original Mortgage and Note we did not take part in its origination, and we are unable to respond to the issues relating to the origination of the loan '' and told us to direct our concerns to the alleged current note XXXX XXXX who already claimed no beneficial or economic interest in the matter. As we seen our concerns were not being properly investigated and seen that we were being spined in circles, we elected alleviate our concerns regarding the origination and disputed, with first investigating the suspected Fraudulent Assignment of Mortgage. We retained a Forensic Document XXXX XXXX XXXX XXXX in Ohio who is Board Certified through testing by the XXXX XXXX XXXX XXXX XXXX. Her Assignment was to compare the two signatures shown as XXXX XXXX on the Assignment of Mortgage to determine if they were identical of very similar. She conducted her examination and rendered her professional opinion in a report dated XX/XX/XXXX. Her report concluded that " No one writes his or her name or signature exactly the same way twice. '' " Human beings are not capable of machine-like precision and repetition. '' " ... the two signatures shown as XXXX XXXX on the Assignment of Mortgage are Identical. '' " ... as an individual can not write two identical signatures on a document, it raises a question as to the method used to place these signatures on this document. '' She provided her examination in affidavit form with her Handwriting Examination Report recorded with the XXXX, Ohio XXXX XXXX XXXX 's office on XX/XX/XXXX instrument number : XXXX which is linked to the fraudulent Assignment of Mortgage dated XX/XX/XXXX. There are also two Certificates of Satisfaction for the Mortgage in the Name of and for the Benefit of XXXX XXXX XXXX and XXXX XXXX XXXX for the property commonly known as XXXX XXXX XXXX XXXX XXXX Ohio recorded with the XXXX, Ohio XXXX XXXX XXXX XXXX XXXX. The first satisfaction was recorded on XX/XX/XXXX, with the date of Satisfaction of XX/XX/XXXX in the amount of {$41000.00} by XXXX XXXX XXXX XXXX  instrument number : XXXX volume number : XXXX, page number : XXXX. In this first release in XXXX by XXXX XXXX XXXX Bank, they stated, " WHEREAS the indebtedness secured by the mortgage described below has been fully paid and satisfied, XXXX XXXX XXXX XXXX as Trustee ..., owner and holder of the debt, hereby declares that the lien of said mortgage is forever discharged and satisfied. '' The second release by XXXX XXXX XXXX XXXX XXXX XXXX recorded XX/XX/XXXX, date of Satisfaction signed XX/XX/XXXX in the amount of {$51000.00} Instrument Number : XXXX, volume number : XXXX, page number : XXXX stated, " KNOWN ALL MEN BY THESE PRESENTS : that XXXX XXXX XXXX XXXX XXXX XXXX, ATTORNEY IN FACT FOR XXXX XXXX XXXX, NA, AS TRUSTEE, holder of a certain mortgage to secure the amount of {$51000.00}, whose parties, date, and recording information are below, does hereby acknowledge that it has received full payment and satisfaction of the same, and in consideration thereof, does hereby cancel and discharge said mortgage. '' XXXX XXXX XXXX and XXXX XXXX XXXX never received these releases. On XX/XX/XXXX, ( three months and half BEFORE the latest recorded release of satisfaction of mortgage from XXXX XXXX XXXX XXXX XXXX XXXX, ATTORNEY IN FACT FOR XXXX XXXX XXXX, NA, AS TRUSTEE ) HSBC Mortgage Corportation ( USA ) claimed XXXX XXXX XXXX and XXXX XXXX XXXX borrowed {$56000.00} from them and signed a note in which they agreed to repay the loan. The fraud perpetrated here is the question about the Borrowed {$56000.00} because XXXX XXXX XXXX and XXXX XXXX XXXX never received any credits in any of their accounts for the alleged borrowed {$56000.00}. XXXX XXXX XXXX and XXXX XXXX XXXX had no means to retrieve those credits and HSBC claimed the repayment Obligation was secured by a Mortgage executed by the XXXX 's on XX/XX/XXXX. So, as it would stand, from the looks of the recorded documents, HSBC would have entered XXXX XXXX XXXX and XXXX XXXX XXXX into an alleged Mortgage contract on XX/XX/XXXX, while they were engaged in a Mortgage with XXXX XXXX XXXX XXXX XXXX XXXX, ATTORNEY IN FACT FOR XXXX XXXX XXXX, NA, AS TRUSTEE, Mortgagee : XXXX XXXX XXXX XXXX. The release of our Mortgage was not signed until XX/XX/XXXX, and recorded XX/XX/XXXX, from XXXX XXXX XXXX XXXX. Noticing there has been two recorded releases on this Mortgage in full, it seems HSBC should have offered an XXXX line of Credit, or some form of credits that would have been ascertainable because our asset/property has been deposited as collateral with a lien attached. Two different companies/lenders, from our understanding, can not have two separate mortgages on a home at the same time, as the first mortgage is secured on the house, so as far as any additional lending with a different company the second lender ( HSBC ) would only be a secured loan, not a mortgage. These are some of the issues we found prior to the XX/XX/XXXX, fraudulent Assignment of Mortgage. We also received evidence that the XX/XX/XXXX, Mortgage and note has been securitized. The first piece of evidence we gathered to prove this Mortgage has been securitized is a letter from XXXX XXXX XXXX XXXX XXXX dated XX/XX/XXXX. This evidence/letter made statements about a " XXXX XXXX [ XXXX ] Trust '' XXXX " XXXX  acts as Trustee XXXX many trusts that holds various real estate properties '' " We have no authority with respect to the management of the real estate in the portfolio '' and " XXXX has a responsibility under the Trust Agreement ''. The second piece of evidence we have to prove this loan has been securitized is a Limited Power of Attorney sent to us from XXXX XXXX XXXX signed by XXXX XXXX, witnessed by XXXX XXXX and XXXX. XXXX and notarized by XXXX XXXX XXXX giving themselves authority to serve as attorney-in-fact for XXXX. The Power of Attorney stated : " KNOW ALL MEN BY THESE PRESENTS, that XXXX XXXX XXXX XXXX XXXX XXXX solely as owner Trustee, pursuant to the Securitization Servicing Agreement, dated as of XX/XX/XXXX. '' This Limited power of attorney was filed at at the XXXX XXXX, Utah XXXX XXXX XXXX by XXXX XXXX XXXX on XX/XX/XXXX Instrument number : XXXX, Book : XXXX, Page : XXXX. This alleged lender seems to have taken our " note '' and put us into some sort of investment contract without our knowledge under the Statues of Fraud. Our " note '' is now a " registered security '' and we have a possible claim of recoupment on the proceeds which is spelled out in the various laws that we have not received. This loan was initiated through HUD with XXXX XXXX XXXX as the Borrower and HSBC Mortgage Corporation USA as the Lender, with the date of settlement of XX/XX/XXXX and date of distribution of credits on XX/XX/XXXX, but XXXX XXXX XXXX never received these credits in the amount of {$56000.00} in any ascertainable account for himself. He was coerced without any full disclosure into paying HSBC Mortgage Corporation USA and servicers thereafter payments on the loan for credits he did not receive. All these companies have been Unjustly Enriched. HUD Identifiers for the participation in the HUD program For XXXX XXXX XXXX and HSBC Mortgage Corporation USA for the Conventional Uninsured Loan ; XXXX Number : XXXX, Loan Number : XXXX, File Number : XXXX. As of today, XXXX and XXXX attorney have Withdrawn their Order of sale for a judgment pending on a foreclosure action. We Believe XXXX and XXXX are making a good faith effort in recognizing the fraud in the Origination by them refraining from being active participants to the fraud by withdrawing the foreclosure sale. We believe they recognize that they and other prior Holders and Servicers did not have any authority to collect payments from XXXX XXXX XXXX and may be liable for payments received due to the fraud by Mortgage XXXX XXXX XXXX XXXX XXXX, as Nominee for HSBC Mortgage Corporation ( USA ) /HSBC Bank ( USA ) N.A .

Company response to consumer: Closed with explanation