Consumer complaint received 2023-09-16
Company: HSBC NORTH AMERICA HOLDINGS INC.
State: LA
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Closing on a mortgage
Sub-issue: Closing disclosure or other related disclosures

Complaint:
In XX/XX/XXXX, I requested a copy of the Trust Agreement or Contract in which HFC II transferred my lien to XXXX XXXXXXXX XXXX XXXX HSBC ignored my requests. This is required since there are frauds involving over 11,000 transfers of lien. The letters sent in XXXX and XXXX of XXXX which stated transfer of ownership and servicer were material evidence of fact in the XXXX Class Action Lawsuit against XXXX XXXX XXXX Trust Trustee for LSF8 MPT, XXXX XXXX XXXX XXXX XXXX which reference the sale from HFC III. The Transfer of Lien filed with the Property Clerk of XXXX County Texas, was intentionally filed in XX/XX/XXXX stating, HFC III transfer my property to XXXX XXXXXXXX XXXX XXXX LSF8 MPT is an unregistered entity and can not do business and/or litigation in Texas. LSF8 MPT can not legally enter into a contract or Trust Agreement with HFC III. Therefore, the burden of a legal transfer of lien contract has not been met. XXXX XXXX XXXX, XXXX took over the servicing of the HFC III contract per a letter in XX/XX/XXXX. However, a transfer of that servicing from HFC III as the Servicer to XXXX XXXX XXXX XXXX XXXX as the Servicer was never filed with the Property Clerk and HFC III did not respond a letter to me regarding a copy of that Servicing Contract. The Security Instrument to Transfer the Lien to LSF8 MPT had an unauthorized signer as the Attorney in Fact. Caliber stated on the Instrument that XXXX XXXX was the Attorney in Fact for Caliber Home Loans. I have requested a copy of the Power of Attorney which the Principal, XXXX XXXX, signed authorizing him as Attorney in Fact. Caliber has never produced the Power of Attorney document. I have attached a list of authorized signers for XXXX, and it does not include XXXX XXXX. HFC III or HSBC USA, HSBC Compliance Departments have not produced Contract/Trust Agreement with XXXX XXXXXXXX XXXX XXXX. Caliber Home Loans can not legally enter into a Servicing Agreement with XXXX XXXXXXXX XXXX XXXX. Caliber Home Loans, Inc. is not the owner of the Lien per communication provided to me. Caliber could not act as a Lender in the State of Texas in XXXX. Caliber was only registered as a debt collector. 3 letters sent in XXXX and XX/XX/XXXX notifying that HFC III transferred my lien to LSF8 MPT and XXXX XXXX XXXX was the Servicer of my Loan, were the basis of a XXXX Class Action Lawsuit for violating RESPA, FDCPA, TILA and FCRA. I was a protected member in the XXXX. The Settlement was favorable to the Plaintiff and the Protected Members. We were exempted from litigation. However, another illegal transfer was made in XXXX to XXXX XXXX Trust as Trustee for LSF8 MPT in XX/XX/XXXX so they could defraud me of my home with a frivolous lawsuit naming XXXX XXXX Trust as the Plaintiff. HSBC Holdings PLC did not release the lien to me in XXXX but was an active participant in the real estate fraud. I invoked my Homestead Protection Act Instrumentation to protect my home from sell or seizure. HFC III still withheld the release of lien. The DOJ Deferred Adjudication Agreement HSBC Bank USA, HSBC Holdings Plc for Money Laundering and Other Financial Crimes was signed on XX/XX/XXXX. The fine was Asset Seizure and {$1.00} XXXX. HSBC Holdings Plc defrauded my interest by not releasing the lien and/or included me in the Consent Agreement of XXXX. HSBC Holding Plc had no right to sell my HELOC to anyone. I have attached pages from the XX/XX/XXXX 10-K report which addresses sells to third parties. On XX/XX/XXXX, a shareholder derivative action was filed by a shareholder against the directors, certain officers and certain former directors and officer of those HSBC directors and officers for breach of duties, a waste of corporate assets by causing the underlying US DPA. It is important to note that a Manager of HSBC Real Estate Division was now employed by XXXX XXXX XXXX in XXXX. See SEC 10-K XXXX Report. I allege negligence and intentionally withholding disclosures in order to perpetrate real estate fraud against me and thousands of others.

Company response to consumer: Closed with explanation