Consumer complaint received 2023-12-18
Product: Mortgage — Home equity loan or line of credit (HELOC)
Issue: Closing on a mortgage — Closing disclosure or other related disclosures
Company: Caliber Home Loans, Inc. (LA)

XXXX XXXX, Chief Executive Officer of HSBC Finance Corporations has violated the XXXX DOJ Adjudicated Deferred Prosecution Agreement in XXXX. HSBC Holdings, Plc has continued to commit criminal actions of fraud and cooperated with other third-party lenders, such as XXXX XXXX XXXX to defraud homeowners of the new pre-negotiated or reduction in price of their borrowers loans in XXXX. The Deferred Adjudication Agreement Sale or Merger of HSBC Parties was violated. HSBC was not in compliance. Therefore, new lenders, investors and buyers did not comply with the adjudicated agreement.

Exhibit 99.1. Item 20, Page 21 - Sale or Merger of HSBC Parties The HSBC Parties agree that in the event they sell, merge, or transfer all or substantially all of their business operations as they exist as of the date of this Agreement, whether such sale is structured as a sale, asset sale, merger, or transfer, it shall include in any contract for sale, merger, or transfer a provision binding the purchaser, or any successor in interest thereto, to the obligations described in this Agreement. 

Per page 120, SEC 10-K Report, XX/XX/XXXX, HSBC Finance Corporations Real Estate Secured Receivables addressed the disbursements of these assets. Aggregate cash consideration received during XXXX for this real estate secured receivables totaled {$3100.00} million. The Report states that HSBC continued to work with borrowers : As we continued to work with borrowers, we may also agree to a short sale whereby the property is sold by the borrower at a price which has been pre-negotiated with us and the borrower is released from further obligations. HSBC sold those short sale and discounted priced loans to third party lenders/investors instead of the borrowers. The Report also states that, year-ending XX/XX/XXXX that non-credit card receivables were sold to XXXX, XXXX in XX/XX/XXXX. It also reported that the mortgage service division contracts were sold ending XX/XX/XXXX. Included is an email for PHH which states they never owned my HELOC. ( Note : that XXXX XXXX XXXXs ( XXXX XXXX XXXX XXXX recorded investment transactions with the SEC in XX/XX/XXXX and XX/XX/XXXX. ) XXXX has breached the agreement by withholding the opportunity for borrowers to remedy their outstanding loans with a short sale and/or pre-negotiated reduced price. HSBC refused to disclose documents per RESPA Rule which allows the borrower to receive a copy of the contract and/or trust agreement naming the new owner of the loan with their property listed. HSBC continued to withhold legal requirements in the FDCPA Rules which require that accuracy of the debt is verified by the borrower. HSBC has ignored the invocation of my homestead protection instrument to protect my home from sale or seizure which was mingled in the criminal money laundering of HSBC Bank USA.

HSBC Compliance Department sent me an email of my account general ledger which said the total due on my property was {$55000.00}. In XX/XX/XXXX, you changed your service to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX is owned by XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX said my outstanding balance was {$140.00}, XXXX in XXXX. In XXXX, I was sued stating I owed {$190000.00} which included an illegal XXXX interest only escrow and other unsubstantiated charges. XXXX also owns XXXX XXXX Funds, and all its subsidiaries, LLCs. XXXX XXXX Funds and XXXX XXXX XXXX XXXX XXXX are managerial partners/owners of XXXX Master Participation Trust and the SEC registered XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Caliber, sent the attached letter Demand for Payment and Notice of Intent to Accelerate on XX/XX/XXXX, and then filed a transfer of XXXX on XX/XX/XXXX, to XXXX MPT. My loan should have been included in the XXXX XXXX XXXX. XXXX XXXX, Calibers Debt Law Firm, Attorney ( XXXX XXXX ) sent a letter on XX/XX/XXXX, stating their file was closed due to a payoff of the loan. 

HSBC violated the agreement by selling tens of thousands of loans, that were protected from sale and seizure to recoup millions from the {$1.00} billion fine. HSBC intentionally allowed Caliber Home Loans to file fraudulent Security Instruments with the Property Clerk knowing that XXXX Master Participation Trust is not a legally registered entity in the State of Texas. HSBC allowed XXXX to continue its bad and deceptive business practices by accepting unauthorized signers as attorney in fact, knowing that XXXX XXXX did not sign a power of attorney giving XXXX that right. A copy of the power of attorney for XXXX is on file with the SEC. Therefore, your transfer of XXXX in XX/XX/XXXX is not a legal document. 

HSBC fraudulently withheld the contract and price of the sale of my property. The XXXX and XXXX XXXX scheduled a fake closing in which there was no funding on XX/XX/XXXX. I was refused a copy of all the closing documents including the check which paid off the loan. Caliber will not send a copy of the check, see attached letter saying the documentation will not be provided. This is a violation of FDCPA. I have a right to make sure my debt was paid off and what the amount was. The check XXXX received was dated XX/XX/XXXX. XX/XX/XXXX is the date the Investor who defrauded me of the sale of my home at closing, sold it to another Investor. The check is withheld because XXXX and the Investor negotiated a short sale while I still owned the property. 

The Judicial climate in Texas is heavily influenced by XXXX XXXX XXXX XXXX XXXX. In XX/XX/XXXX, XXXX transferred my loan to XXXX XXXX XXXX XXXXXXXX, XXXX. as Trustee for the unregistered entity because it could not file litigation in Texas. This was a frivolous and fraudulent act since XXXX MPT ( unregistered ) could not enter into a contract and/or litigation with anyone in Texas. Plus, the XXXX statute of limitation had expired from the date the Demand and Notice to Acceleration had been sent and notice to litigate in XX/XX/XXXX. The lawyers would not take on the contract issue of the claim, even when the Defendant attorneys asked to negotiate a settlement. XXXX thought it was unfair that I have a home without paying for it when they had too. However, they would take the case if I filed Bankruptcy and paid {$3000.00} up front. The system is very corrupt even including the judges. 

Summary. If it were not for HSBC, HSBC BANK USA, HSBC Holding Plc. fraudulent transfers of XXXX, I would not have lost my property to the bad actors you transferred my loan too. Your former Chief of Global Real Estate, XXXX XXXX, has been on the XXXX XXXX XXXX XXXX XXXX XXXX XXXX since XXXX. This is very suspect because many directors and officers breached their fiduciary duties. Those pre-negotiated prices for borrowers loans had to cross XXXX desk. You have continued your bad and deceptive practices, by defrauding your own customers so you may recover some of your millions lost from the fine. This is not only fraud, but unchecked capitalism which leads to economic discrimination. Please provide : 1. A copy of the Trust Contract between HSBC/HFC III with XXXX Master Participation Trust. 2. A. copy of the Servicer Agreement between XXXX and XXXX XXXX XXXX XXXX XXXX XXXX. A copy of the detail debt sold to XXXX MPT. XXXX. Reason why you did not comply with the XXXX XXXX XXXX XXXX. XXXX. Reason you violated the Sale or Merger of XXXX Parties Agreement. Caliber has stated in correspondence that they did not own any part of XXXX XXXX, which is untrue. 

These are simple requests. Because you have violated the Adjudicated Prosecution Agreement, a copy of this letter and a detail legal memo will be sent to the XXXX XXXX, Chief Fraud Section, to investigate this and all other parties involved in this fraud which originated with XXXX transferring tens of thousands of debts which you did not own. Accountability must come from the top in order to effect change and fairness.