Consumer complaint received 2024-10-07 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Closing on a mortgage — Trying to communicate with the company to fix an issue with the loan closing
Company: HSBC NORTH AMERICA HOLDINGS INC.
State: OH

Complaint narrative:
The following content outlines an ongoing investigation into the facts surrounding our invalid mortgage, potential mortgage fraud, and irregularities discovered by homeowners XXXX XXXX XXXX, XXXX XXXX XXXX, and Attorney-in-Fact XXXX XXXX XXXX. It addresses issues related to mortgage origination and fraudulent assignments involving various financial institutions and government entities that were unjustly enriched. XXXX XXXX XXXX is bringing this complaint to the Consumer Financial Protection Bureau, Office of the Comptroller of the Currency, State Attorney General, the SEC, and other federal regulators, seeking a remedy before filing a federal complaint and taking this issue to the media to gain public attention. 

XXXX of Unknown Concerns of a Fraudulent Assignment : After several years of involvement with our alleged mortgage, we discovered concerns regarding its origination. While investigating an unexplained increase in the mortgage payment, we identified issues related to XXXX XXXXXXXX XXXX XXXX XXXX XXXX ( MERS ), acting as Nominee for HSBC Mortgage Corporation ( USA ) /HSBC Bank ( USA ) N.A. , located at XXXX XXXX XXXX XXXX XXXX XXXX NY XXXX. This investigation revealed a fraudulent robot-signed Assignment of Mortgage for a property participating in Housing for Urban Development ( HUD ). The fraudulent Assignment of Mortgage was recorded in the XXXX, Ohio XXXX XXXX XXXX office under Instrument Number : XXXX, volume number : XXXX, page number : XXXX. XXXX XXXX, a notary from the state of New York XXXX XXXX XXXX XXXX, affixed his official seal and stated that he witnessed XXXX XXXX personally appear and sign this Assignment of Mortgage concerning Loan number : XXXX and MERS ID number : XXXX. Robo-signing, the practice of signing mortgage documents without proper review or authority, is illegal because it violates legal requirements for due diligence, accuracy, and verification in legal documentation. Key laws and regulations that protect against robo-signing include the XXXX XXXX XXXX XXXX and XXXX XXXX Act, which established the Consumer Financial Protection Bureau ( CFPB ) to oversee and enforce fair lending practices. Additionally, the {$25.00} XXXX XXXXXXXX XXXX XXXXXXXX in XXXX addressed widespread robo-signing abuses by major banks. Notable court cases, such as the XXXX class actions in Florida and Maine against XXXX XXXX have highlighted the legal ramifications of robo-signing. Regulatory entities like the CFPB, the Office of the Comptroller of the Currency ( OCC ), and state attorneys general play crucial roles in enforcing these protections. 

Attempts to Raise Concerns and Responses from Alleged Holders : We raised multiple issues about the origination of the mortgage and presented evidence about the fraudulent transferred mortgage. Our Attorney-in-Fact XXXX XXXX XXXX retained Forensic Document Examiner XXXX XXXX XXXX in Ohio XXXX who is Board Certified through testing by the Board of Forensic Document Examiners . Her assignment was to compare the two signatures shown as XXXX XXXX on the Assignment of Mortgage to determine if they were identical or just 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 two signatures shown as XXXX XXXX on the Assignment of Mortgage are identical. as an individual can not write two 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 office on XX/XX/XXXX, instrument number : XXXX, which is linked to the fraudulent Assignment of Mortgage. Our Attorney-in-Fact, XXXX XXXX XXXX, contacted XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) XXXX not in its individual capacity but solely as Owner Trustee of XXXX XXXX [ XXXXXXXX XXXX XXXX, c/o Servicer XXXX XXXXXXXX XXXX XXXX XXXX XXXX ), informing them of the invalid assignment of the mortgage, among other issues. They stated, We are not involved in the decision-making process of what properties are held in the various trusts. In our capacity as Trustee, we do not have an economic or beneficial interest in the loans and have no authority with respect to the management of the real estate held in the XXXX, including the above-referenced property, referring to XXXX XXXX XXXX XXXX XXXX XXXX, Ohio. They further stated, All questions should be directed to the servicer XXXX XXXX XXXX XXXX has a responsibility under the trust agreement to address the issues described in the complaint. Therefore, XXXX XXXX XXXX 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. XXXX advised us to direct our concerns to the alleged current note holder, XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ), not in its individual capacity but solely as Owner Trustee of XXXX XXXX [ XXXX ] XXXX XXXX who had already claimed no beneficial or economic interest in the matter.We instructed XXXX XXXX XXXXXXXX XXXX. to investigate the origination of this mortgage, as we believe it to be invalid. However, they failed to follow up after receiving the evidence. Frustrated by the lack of action from both companies, we filed a complaint through our attorney-in-fact, XXXX XXXX XXXX, to HSBC XXXX XXXX XXXX, XXXX of Customs Relations at HSBC, responded to a complaint filed with the CFPB by our attorney-in-fact on XX/XX/XXXX ( complaint # XXXX ), stating she would be our point of contact and providing the complaint number. 

XXXX XXXX XXXX, Assistant Vice President - Head of Customer Relations at HSBC, received our complaint from the Office of the Comptroller and responded on XX/XX/XXXX. She indicated that they could not share account information with our attorney-in-fact due to a lack of authorization and reiterated that XXXX XXXX would be our point of contact. We sent the third-party authorizations and the affidavit of the forensic document examiner to XXXX XXXXXXXX XXXX XXXX XXXX XXXX but received no response. 

We contacted HSBC again on XX/XX/XXXX, and requested an update, but to no avail. Another update request was made on XX/XX/XXXX, and we received a response on XX/XX/XXXX, from XXXX XXXX, HSBCs customer relations manager. She provided a different complaint number ( XXXX ) and expressed concern for our frustration, promising to review all documents and contact us. However, we have not heard back since her response on XX/XX/XXXX. 

Our last attempt to request an update was on XX/XX/XXXXXXXX XXXX XXXX where we also informed them of potential legal actions to resolve our issues, having exhausted all due diligence to settle the matter privately. Despite this, we have not received any response from the loan originator. 

The current servicer, XXXX, has neglected to investigate whether they are servicing what we believe to be an invalid mortgage originating from HSBC. HSBC is breaching its fiduciary duties to the represented person, XXXX XXXX XXXX. Therefore, we are now filing this complaint with the CFPB, the Office of the Comptroller of the Currency, the State Attorney General, the SEC, and other federal regulators to seek remedy for our invalid mortgage due to potential fraud. This situation is similar to the issues addressed in the {$25.00} XXXXXXXX XXXX XXXX XXXX XXXX XXXX, which dealt with widespread robo-signing abuses by major banks, including HSBC.

Company response to consumer: Closed with explanation