Consumer complaint received 2018-06-02
Company: HSBC NORTH AMERICA HOLDINGS INC.
State: MO
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
We have lived in our home for 34 years. 
We made a Loan with XXXX XXXXXXXX / HSBC in XX/XX/XXXX of {$100000.00} HSBC was the Lender & the Loan Servicer. 
Each month we would receive a " statement '' from HSBC to make our payment. 
The payment was {$740.00} In XX/XX/XXXX we filed for Chapter XXXX Bankruptcy in XXXX, MO with Attorney, XXXX XXXX XXXX. 
HSBC was NOT included in the Chapter XXXX Bankruptcy, as we were prepared to make our monthly payments to HSBC as usual. 
HSBC was notified of this. 
We paid off the Chapter XXXX in XX/XX/XXXX Since XX/XX/XXXX HSBC ceased ALL communication with us. 
HSBC sent NOTHING No " statements '', No mail, No phone calls, nothing. 
We tried calling HSBC for over 6 months We tried to find out where to send payments, but every phone call to HSBC was met with " we can not talk to you about your account while you are in Bankruptcy ''. 
We wrote letters to HSBC with no replies from HSBC. 
Our Bankruptcy Attorney, XXXX XXXX XXXX, called HSBC and was met with the same answer. 
Our Bankruptcy Attorney XXXX XXXX XXXX, told us the HSBC will contact us after the Bankruptcy is finalized. 
We paid off our Chapter XXXX in XX/XX/XXXX and still " nothing '' from HSBC. 
It has now been " over 10 years '' since our last communication with HSBC and we received a " notice of Foreclosure '' from HSBC. 
It is then I contacted Foreclosure Attorney, XXXX XXXX. 
HSBC has since sold the Loan to XXXX XXXX XXXX, who has filed Foreclosure. 
XXXX XXXX XXXX has since sold the Loan to XXXX XXXX, who has filed Foreclosure. 
XXXX XXXX XXXX has tried to have us evicted. 
Our Attorney, XXXX XXXX, had the Court set a Trial By Jury for XX/XX/XXXX. 
XXXX XXXX XXXX has since filed a Unlawful Detainer. 
XXXX XXXX XXXX informed our Attorney that they may settle for apprx {$65000.00}. 
Knowing that we can not get a Loan while under Foreclosure. 
We have no other avenues, as we are on Social Security now. 
. 
To me : HSBC was supposed to be the Lender & Loan Servicer, but has since turned into a Loan Collector and aggressor. 
There is nothing in our Loan agreement that states HSBC has the right to cease ALL communication & not continue to send statements for us to pay the loan. 
HSBC caused the loan to go into Foreclosure and made demands " after 10 years '', knowing full well that we as the Borrower did not have sufficient funds to pay the loan off. 
Our rights as a borrower has been denied by HSBC & has caused " irreparable harm '' to our credit, home and livelihood. 
HSBC has committed fraud on us, as the borrower. 
The methods used by HSBC was fraudulent, and designed to obtain a Foreclosure which goes against many Lender / Borrower rights & laws of the State of  Missouri. 
Had HSBC kept with our agreement and made contact with us, instead of denying contact, we would still be making our loan payments and not be in the position HSBC has put us in. 
We contend that HSBC never intended to service the Home Loan in good faith and instead became the collector / aggressor to make the loan move into Foreclosure thru fraud. 
Why else the NO communication, phone, mail or any other means from HSBC? 
Why else the " over 10 years '' of NO communication, phone, mail or any other means from HSBC? 
We have continued to pay our Home Insurance & Home Taxes every year. 
We also contend that XXXX XXXX XXXX and XXXX XXXX has NO stake in the ownership of the Loan or our Home, because of HSBC failure to Service the original Loan and having NO contact for over 10 years with us, HSBC has yet to offer any excuse. 
XXXX XXXX XXXX should have accepted HSBC & XXXX mistakes & we should be the " Plaintiff '' & should have the right to sue them for all this XXXX. 
We were always prepared to make the Payments as agreed, but " how could we ''? ... ..They would not talk to us or even offer to start making payments.

Company response to consumer: Closed with explanation