Consumer complaint received 2015-10-29
Company: HSBC NORTH AMERICA HOLDINGS INC.
State: CA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Dear XXXX XXXX and CFPB representatives, I am submitting a complaint against HSBC because they are not only acting in an unfair and deceptive manner but they are also violating both state and federal laws that afford me certain consumer rights. It is my understanding that HSBC is presently violating FDCPA laws, CFPB laws and regulations, and California 's Homeowner Bill of Rights. 

I submitted a complete Request for Mortgage Assistance ( RMA ) on Friday, XX/XX/XXXX, from HSBC to retain my home ( please see both fax confirmation attached as well as attached email confirmation from HSBC ) without knowing that I had a sale date placed on my file. My single point of contact ( XXXX XXXX ) informed me, through my authorized XXXX party, on Wednesday, XX/XX/XXXX, that a sale date for XX/XX/XXXX was placed on my file the same day ( XX/XX/XXXX ) that I requested mortgage assistance. XXXX XXXX conveyed that HSBC had not yet reviewed my RMA from XX/XX/XXXX to determine if it was complete or if additional documents were needed but that HSBC required 15 days from the date that my XXXX was processed by HSBC ( XXXX business hour typical turnaround ) in order for HSBC to review my XXXX, which was impossible to achieve. XXXX XXXX further stated that she reached out to me on Friday, XX/XX/XXXX, to advise me of the sale date but could not tell me when and stated that the internal tracking system at HSBC did not time stamp her attempt to contact me, which seems suspect at best. 

THE SALE DATE OF XXXX COUPLED WITH HSBC 'S XXXX BUSINESS HOUR TURNAROUND MEANT THAT THERE WERE ONLY 13 DAYS MAX TO ADHERE TO HSBC 'S TIMEFRAME OF 15 DAYS? THAT IS IMPOSSIBLE TO ACHIEVE! 

The interesting thing is that I submitted the RMA 16 days in advance of my sale date without even knowing that there was a sale date placed on my file or the timeframe in which I had to adhere to and as of today, I have still not received the required notices for a sale date from the foreclosure attorney, Western Reconveyance. 

XXXX XXXX, my single point of contact at HSBC, was unfamiliar with the fact that my property was located in California and certainly was not familiar with the CA Homeowner Bill of Rights ( HBOR ), established on XX/XX/XXXX, that affords me relief from dual tracking by stating that, " Mortgage servicers are restricted from advancing the foreclosure process if the homeowner is working on securing a loan modification ... the foreclosure process is essentially paused until the complete application has been fully reviewed. '' I was informed that the CA HBOR affords me these rights even within the 15-day policy that HSBC has in place, even though I believe that I am in compliance. It is also my understanding that the CFPB has similar dual tracking protections that have been violated since I essentially submitted a complete package prior to being informed by HSBC that I had a sale date. 

I am not asking for special treatment, I am just asking for the RMA that I submitted back on Friday, XX/XX/XXXX, be reviewed in full for mortgage assistance ( government and proprietary ) and that the sale date for XX/XX/XXXX, be put on hold to afford me the opportunity to seek mortgage assistance without my consumer rights being violated. I would also like to receive proper notice regarding any escalation in foreclosure since I have yet to receive any documentation alerting me to a sale date or further foreclosure actions and XXXX XXXX XXXX can not provide me with any information regarding this issue. 

Thank you in advance for your assistance with this matter.

Company response to consumer: Closed with explanation