Consumer complaint received 2023-01-13
Company: HSBC NORTH AMERICA HOLDINGS INC.
State: OH
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
After multiple years participating into our alleged mortgage, we noticed some unknown concerns regarding its origination. While researching an unknown increase in the alleged mortgage 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 XXXX 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 XXXX  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 XXXX of XXXX XXXX [ XXXX ] XXXX XXXX XXXX XXXX XXXX servicing, XXXX ( XXXX ). The alleged XXXX XXXX XXXX stated response is attached. They claimed they 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, Ohio and stated, " All questions should be directed to the servicer ( " XXXX '' ). '' " XXXX has a responsibility under the trust agreement to address the issues. We never agreed to our note being securitized and that we are owed XXXX. 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 ''. We retained a XXXX 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 XXXX 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 XXXX signatures shown as XXXX XXXX on the Assignment of Mortgage are Identical. '' " ... as an individual can not write XXXX 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 XXXX 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 XXXX by XXXX XXXX XXXX Bank 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 Bank XXXX XXXX ..., owner and holder of the debt, hereby declares that the XXXX of said mortgage is forever XXXX 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 XXXX 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 XXXX FOR XXXX XXXX BANK, NA, AS TRUSTEE, holder of a certain mortgage to secure the amount of XXXX, 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, ( XXXX 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 BANK, NA, AS XXXX ) HSBC Mortgage XXXX ( XXXX ) claimed XXXX XXXX XXXX and XXXX XXXX XXXX borrowed XXXX from them and signed a note in which they agreed to repay the loan. The fraud perpetrated here is the question about the Borrowed XXXX because XXXX XXXX XXXX and XXXX XXXX XXXX never received any credits in any of their accounts for the alleged borrowed XXXX. 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 XXXX FOR XXXX XXXX BANK, 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 XXXX recorded releases on this Mortgage in full, from our understanding, no one can have XXXX 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 an unsecured 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 of 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 XXXX 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 XXXX of Attorney is attached. it states " KNOW ALL MEN BY THESE PRESENTS, that XXXX XXXX XXXX XXXX XXXX XXXX solely as owner XXXX, pursuant to the XXXX Servicing Agreement, dated as of XX/XX/XXXX. '' This Limited power of attorney was filed 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 XXXX. 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. All companies paid by XXXX XXXX XXXX and XXXX XXXX XXXX have been Unjustly Enriched due to the perpetrated fraud. HUD Identifiers for the participation in the HUD program For XXXX XXXX XXXX and HSBC Mortgage XXXX XXXX for the Conventional Uninsured Loan ; XXXX Number : XXXX, Loan Number : XXXX, File Number : XXXX. We have made multiple attempts to rectify our issues with HSBC, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX and MER 's. No one has done any investigations about our claims, and we are still being harassed for payment by XXXX XXXX XXXX XXXX and Their Attorney XXXX XXXX when we have presented clear and convincing evidence of a perpetrated fraud dealing with our account. The XXXX XXXX XXXX has contacted HSBC about the Issue, but HSBC has failed to provide any information on the Account to XXXX XXXX XXXX and XXXX XXXX XXXX 's Attorney-In-Fact. The evidence of this power or attorney was sent to the organization and an authorization was signed to release records. HSBC, MERS, XXXX XXXX XXXX XXXX, AND XXXX XXXX XXXX XXXX are not the true holders in due course, and are not required payment. the attachments prove this. This will be our last attempt to try and remedy this issue peacefully and privately, we have contacted the Attorney General, IRS to run and audit, and the FBI for fraud and other civil and criminal penalties. We have been trying to report a crime and fraud within our mortgage, it seems our only remedy is to start a Federal Claim with the XXXX XXXX and go to the news, newspapers, and other media outlets to expose the fraud and crimes against humanity. We have also recorded our " Affidavit of Obligation Consensual Commercdial Lien a Verified Plain Statement of XXXX Declaration as Testinony '' this has all attempts of settlement, its also provides XXXX Defalult Judgments witnessed by a Notary. Thes Lien is also recorded with XXXX XXXX XXXX here in XXXX Ohio, its intrument number is XXXX XXXX, Volume : XXXX, XXXX. WE REQUEST A FULL INVESTIGATION REGARDING OUR ACCOUNT, AS IT STANDS OUR CONTRACT IS VOID AB INTIO. ALL RIGHTS TITILES AND INTEREST NEEDS TO BE REVERTED BACK TO THE TRUE OWNERS XXXX XXXX XXXX AND XXXX XXXX XXXX. THEY HAVE BEEN INJURED FOR MULTIPLE YEARS TENDERING PAYMENTS TO COMPANIES WHO WERE NOT EVEN REQUIRED TO RECIEVE PAYMENT. NOW THESE COMPANIES HAVE BEEN UNJUSTLY ENRICHED AND OWE XXXX XXXX XXXX AND XXXX A XXXX WHO NEEDS COMPENSATED ASAP AND THOSE COMPANIES NEEDS TO BRING A CLAIM AGAINST MERS AND HSBC TO BE COMPENSATED FOR THE FRAUD AND CRIMINAL ACTIONS AND ALL ACTIONS REGARDING ANY TYPE OF COLLECTIONS OR ENCUMBRANCES REGARDING THE HOME OF XXXX XXXX XXXX AND XXXX A XXXX NEEDS TO CEASE AND DESIST IMMEDIATELY. ACTIONS TAKEN NEEDS TO BE MAILED TO ATTORNEY OF XXXX OF RECORD XXXX XXXX XXXX c/o XXXX XXXX XXXX XXXX XXXX XXXX Ohio. Everything done under fraud is void from the beginning.

Company response to consumer: Closed with explanation