HSBC

hfc2008form8k_2q-1

HSBC: RAAC Series 2007 SP2 Trust · 8-K · For 7/25/07

198 Responses

  1. I am disgusted with HSBC . My account has been hacked and fraudently used..
    I have been wiped out completely and hsbc have even paid out for the theirs to have a holiday on my money when I did not have enough money in my account to pay for this.. I am know left sitting with three kids on my sette with no electric and no food as they say I have to wait three days to ring the people who will decide weather or not I can have my money back. I don’t have a penny to my name yet my bank thinks this is acceptable to give my money to a thief and leave me with three youngsters in severe hardship.. I am crying my eyes out writing this thanks hsbc

  2. SEE THE SECOND LINK FOR THE WIN FOR HOMEOWNER IN THIS SECURITIZATION-FORECLOSURE CASE

  3. I have an Identity theft situation and my fed tax were duplicated, made known to me by IRS. Have done all the reporting, ftc, local police, credit bureaus, attorney general, local post office County, and Postal Inspect Fed. Okay, having said all that, I recently had to open a PO box for the safety of my mail. Putting a hold on mail, leaves your mail wide open for anyone showing your address to pick up and all of it right at your local Post Office, so I opened a PO Box.

    Going back…In Aug 2011, I requested Written Respa from HSBC, sent several certifed mail and one of those to Joseph something in Comp of Currency, (the finance officer that did the actual signing on the court docs when MERS was prosecuted), to not allow corrupt servicers like HSBC to say they nevr received and would trash. Never got that response in that period time frame… what? 45 day or is it 60 day response.

    In NOV 2011 the next big thrust was going to be the Scam of the Foreclosure Review….requested it, researched what it was really about…learned that anyone who did it, and it had to be notorized too…set themselvs up…out of the sincerity of their hearts and desire to try and get on with life…it was a backfire…Not me, as I noted that set-up.

    Next in May, I get a letter from HSBC stating that they were going to meet with my request…I thought..what 9 months later…what are they talking about…well..aha…the written Respa I requested sent several and all certified to all housing related agencies. And remember all HSBC’s attorney’s are caught in fraud cases in court too.

    Now they are talking to me! Why? The letter sent by HSBC stated that the Comptroller of the Currency said it was mandatory that HSBC respond, even 9 months later

    Well they did this past June. Big Envelope came in the mail this past summer but months beyond the madatory time frame.

    In those docs, of course…MERS is written as the beneficiary. So what does anyone have to comment?

    And with the Identity theft and the changing to a PO Box, what they surmise, of course I live in my house. I notice that when one gets a PO Box people are notified of a change of address, including HSBC.

    So on Monday during the East Coast Hurricane Sandy, they must have left that little brown envelope, with a little printed piece of paper, almost like the size of a tag in a coat large label saying, an inspector has been out to my house and to call my servicer immediately.

    Heck, what do they think I’ll be so pressed that I be so intimidated that I’ll act or speak without thought or research or being advised on the action to take of not take. Anyone else generate feedback, thanks to you all…it wonderful when we have the responses among us and in so doing, we stand together. Thus we are not so be down by servicers that are into money laundering among other criminal activity.

  4. I have been trying to get HSBC to rework my mortgage for five years. I have gone through 3 seperate hardships that have left me in horrible financial state. I have had to pile on CC debt, barrow from relatives and I just am at my watts end. I will not pay my mortage for the first time ever this month in all of my years as an adult. I am 58 and I keep hearing until you are past due 60 days we can not do anything. I know they are going to get my house but at this point I just don’t care anymore. I am tired of fighting the battle

  5. Abby, thanks for these postings. You are right in saying the judges are catching on. I know my BK judge isn’t taking any crap from these bank attorneys. The shit is hitting the fan and I expect to see a couple lawyers get sanctioned. Not there yet, but close.

  6. THIS JUDGE IS STARTING TO GET IT!! SACRAMENTO

  7. READ JOHNSON’S COMPLAINT WITH EXHIBITS HERE AGAINST HSBC AND BOA–HE SURVIVED THE BANKS’ MOTION TO DISMISS

  8. CA HOMEOWNER SCORES!!

  9. I have been standing on Word: The Rules of Engagement Dr. Cindy Trimm

    After laying preceding pages of foundation:
    I FORCEFUULY resist
    the wiles of the devil and prohibit the hijacking of divine thoughts inspiratons (s) revelations (knowledge), insight, wisdom,knowledge and understanding, emanating from the Throne Room of my Heavenly Father, especially those that initiate, stimulate, sustain and reinforce my kingdom authority and in the earth realm, and in the heavenlies, and that facilitate God’s redemptive purpose and plan…..
    I EXECUTE
    divine judgement against satanic/demonic activities and I war, I war in the spirit of Elijah and JEHU (script included)….here is where i wanted to get to….
    I Disapprove,
    nullify, dismantle, cancel, and forcefully oppose any satanic operations, maneuvers, manipulations, subversions, strategies, tactics, plots, plans, and ploys and decoys which are designed to hinder, prevent, frustrate, foil, deny, or delay God’s original plans, and purposes from their quick, swift and speedy manifestation….
    I Establish…
    that if laws statutes, codifiacatons, bills, charters, and constitutions are changed, they are changed in my favor, so that I may prosper in the place of my assignment and the land in which I am domiciled.

    This is WAR! This is our warfarring, collectively we make frontline attack in the spirit….Lets break HSBC! For this purpose the son of man came to put a HALT to and destroy the works of the enemy! And when the enemy HSBC came in…..like a FLOOD God RAISES the NECESSARY STANDARD against them and their corruptions.

  10. Wow just going through these comment this is one of those i am not along, there are a lot of us going through this but more than anything i wish it was just me and not the rest of you.

    Today is the end of my redemption in about 2 1/2 hours it feels like iam getting ready to go to a funeral i understand that a home is more then where you lay your head it and investment that you hope to raise your kid in and when you leave this world something that you can leave behind if nothing else.

    But let call it what it is this has not just started this has been going on for years poor people working hard to make money for a better life for themselves (you and me) rich guy call it the (bank) if you want to, he’s waiting in the corner figuring out how to squeeze that next dime out of you offering you something some one else owns, more poor people (investor).

    Then when everything blows up you me and the investor get screw the rich guy get off scout free no losses. then run to the government (more rich guy) and tell them they made a mistake in what they want to call helping you the american people when they were really defrauding you the Government then give them trillion of dollars of taxpayer money me and you and the poor investor so they can so call help us by foreclosuring on our home when they don’t even own them.

    Think about it, how many rich people you think go to bed at night worry
    about you losing you home? as of today you have at least one poor person thats me and and quite sure there are many more.

    Prayer changes thing we have been waiting on the president senators attorney general, lawyer and law maker do the right thing they are afraid of each other. now might be the time to turn to your higher power i pray you have to keep on fighting for you house as i will and i pray that you find relief

  11. It shouldn’t matter if they are not an American Bank. They still have to adhere to our laws (which our ignorant government won’t enforce) if they want to do business in this country. But then one of their Board members is actually the person who regulates them for, I think, the Federal Reserve or whomever, what else can you expect. Not sure this person is still in that position, but I know he was two years ago.

    Who are we kidding? International investors are having a field day buying up all the properties that our own government has effectively taken away from our own citizens for just pennies on the dollar!

  12. HSBC

    What I tried to say was that the whole thing has been diverted to the servicers.

    As if the bank were not doing business in the US. They are buying foreclosed homes in Florida by blocks of thousands

  13. Possibly because it is not an American Bank?

    I had the same question. The whole thing has been diverted to the services anyway.

    I got a modification through Ocwen, who wanted me to sign before February 1st, which I refused, because of the new total on the loan.
    My instincts were correct…They really want me to sign.
    They have some real adjustments to do before I do.
    They also tried to have me give up legal attack rights.

  14. How is it HSBC is not mentioned in the top 5 banks stealing houses as part of the settlement? They like to say ” we dont give modifications because we did’nt get HAMP money or TARP money”. I guess now they will say they don’t have to comply with settlement because they were not part of settlement. Burn these bastards. they keep getting away with murder and every crime you can think of.

  15. Reuters: HSBC Laundering Money For Terrorists?
    Posted on January 28, 2012 by Neil Garfield

  16. So according to recent news , these bastards used our mortgage payments to cover their illicit, drug money laundering operations. We need to burn them.

  17. Maybe, send me an email. The timing is right on.

  18. We are due in court for foreclosure hearing on January 6th, 2012 . Our “mortgage” has been forged with even the wrong spelling of the name as buyer. The documents are even filed under this fictitious buyer name. The notices for the hearings are addressed to this fictitious person with an “AKA correct spelling” . The deed appears to be in the fictitious name and the correct name . Anyone know what we can do about this?

  19. Maryland Information:

    Bthroughg, free PDF downloadprintfu.org/bthroughgCached
    You +1’d this publicly. Undo
    —-This Rule is derived from former Rule W74 bthroughg. ANALYSIS–I. General Consideration. http://www.oag.state.md.us/courts/1992/1992_10_01A.pdf

    Matthew bender, PDF documents | FREE PDF DOCUMENTS SEARCH ENGINEwww.pdf-txt.com/pdf/matthew-bender.htmlCached
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    NOTES: Source. —-This Rule is derived from former Rule W74 bthroughg. ANALYSIS –I. General Consideration. http://www.oag.state.md.us/courts/1992/1992_10_01A.pdf

    Company Name: LexisNexis Matthew Bender Co., Inc..html | Adypadoe.comwww.adypadoe.com/pdf/Company-Name:-LexisNexis-Matthew-Ben…Cached – [ Translate this page ]
    You +1’d this publicly. Undo
    —-This Rule is derived from former Rule W74 bthroughg. ANALYSIS–I. General Consideration. – http://www.oag.state.md.us/courts/1992/1992_10_01A.pdf

  20. I would like some feedback. Confidentiality and HSBC greedy scammers, never let your guard down.
    Do I have to do this again? And how much more specific. Come on. Their entire attorney’s Bierman Geesing, are in fraud. Jacob Geesing, Howard Bierman, Mers. The comptroller Joseph E. Head of OCC Finance Dept, one of the signatures right on the Mers Court doc, demanding they cease and desist. Is this an HSBC Game of debate? Buying time. What is this, what are they really up too. They put a note again; they want to hear from me. They want to modify, modify what, and pay whom, not them. It’s the unfinished business in the loan origination that they never followed up on, so they used MERS to go forward and cover their ASS.

    This is from RESPA regarding the QWR….

    If the borrower believes there is an error in the mortgage account, he or she can make a “qualified written request” to the loan servicer. The request must be in writing, identify the borrower by name and account, and include a statement of reasons why the borrower believes the account is in error. The request should include the words “qualified written request”. It cannot be written on the payment coupon, but must be on a separate piece of paper. The Department of Housing and Urban Development provides a sample letter.[1]
    The servicer must acknowledge receipt of the request within 20 business days. The servicer then has 60 business days (from the request) to take action on the request. The servicer has to either provide a written notification that the error has been corrected, or provide a written explanation as to why the servicer believes the account is correct. Either way, the servicer has to provide the name and telephone number of a person with whom the borrower can discuss the matter. The servicer cannot provide information to any credit agency regarding any overdue payment during the 60 day period.
    If the servicer fails to comply with the “qualified written request”, the borrower is entitled to actual damages, up to $1000 of additional damages if there is a pattern of noncompliance, costs and attorneys fees.[2]

    Sent the doc Certified and ……What kind of answers are these, letters of HSBC responses? Anyone got any feedback, the next step after,—and be aware… there is a snake coming from the back if one overlooks HOA…They have the power in court, and don’t let them attach a lien to your house, pay them as you can, but pay them down.

    #1
    00/00/2011….Thank you for the inquiry regarding your mortgage account. Your concerns are under review.

    We apologize…..for the delay and thank you for YOUR patience.

    Your mortgage info available online. ? Sign up and LOG-on sincerely Jennifer Simmons

    #2
    On HSBC PREMIER LETTER HEAD
    00/00/2011

    DEAR…ME

    YOUR CONCERNS REGARDING THE ABOVE MORT ACC. WERE DIRECTED TO MY ATTENTION. I APPRECIATE THE OPPORTUNITY TO RESPOND.

    Please BE ADVISED, YOUR LETTER DOES NOT CONSITITUE A “QUALIFIED WRITTEN REQUEST” UNDER THE REAL ESTATE SETTLEMENT PROCEDURES ACT. A QUALIFIED WRITTEN REQUEST MUST IDENTIFY WHICH ASPECTS OF THEACCOUNTING OR SERVICING OF THE LOAN YOU ARE QUESTIONING. If you believe the account is in error, please send us the reason for; your belief to allow us to determine if correction is necessary.

    Yours sincerely
    Jonathon Szymborski
    Mortgage Research Specialist

    Why doesn’t it? Can someone tell me?
    3rd Another letter same as 1st from Margaret A. Miller, stating your communication addressed to the Office of the Comptroller of the Currency has been received in the Executive Office of HSBC Bank USA, N.A.

    After carefully reviewing the issues outlined in your correspondence, HSBC BANK USAA. believes our previous correspondence 00/00/ 2011 fully addressed your concerns. A copy of this letter is enclosed for your review

    Ms…, I appreciate the opportunity to respond to your inquiry. If you have any question, please contact Christina Sittniewski of Executive Office of HSBC Bank USA, N.A., toll free at 1-877-472-2005

    Yours sincerely
    Margaret miller.
    Vice president executive office

    Responses to the following letter we sent.
    Print out, fill out parts in red and send
    Certified Mail #: XXXX XXXX XXXX XXXX XXXX (send certified)
    Fill in your name:
    Fill in your address:
    Fill in your City, State and Zip:
    Fill in name of your lending company:
    Fill in address of your lending company:
    Fill in city, state and zip of your lending company:
    ATTN: ACCOUNT MANAGER RE: ACCOUNT NUMBER #
    FOR INDEPENDENT CONFIRMATION OF RECEIPT OF YOUR RESPONSES, PLEASE MAIL ANY RESPONSE TO THE FOLLOWING ADDRESS:
    Attn: your name
    Your address:
    Your city, state and zip:

    Date: __________________
    RESPA QUALIFIED WRITTEN REQUEST, TILA REQUEST, COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBT LETTER

    This letter is a ‘‘qualified written request’’ in compliance with, and under, the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605(e) and Regulation X at 24 C.F.R. 3500, and The Gramm Leach Bliley Act
    Dear Madam or Sir:
    We are writing to you to complain about the accounting and servicing of this mortgage. Further, we will request clarification of various sales, transfers, funding sources, legal and beneficial ownership, charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of this account from its origination to the present date.
    It is our understanding that your company may have engaged in one or more predatory servicing or lending and servicing practices. As a consumer, we are extremely concerned that predatory servicing and/or predatory “lender” practices, may have affect me, personally.
    We are troubled that potential fraudulent and deceptive practices by unscrupulous mortgage brokers; sales and transfers of mortgage servicing rights; deceptive and fraudulent servicing practices to enhance balance sheets; deceptive, abusive and fraudulent accounting tricks and practices may have also negatively affected our credit rating, mortgage account and/or the debt or payments that we are currently making, or may be legally obligated to make.
    And finally, we are very concerned that after a thorough review of all papers concerning this mortgage, we have found absolutely no evidence that we actually received a loan. The NOTE unambiguously asserted that we did receive a loan.
    In light of the above, we hereby demand that you provide me with the following three categories of documentation:
    First: absolute first-hand evidence from you that you are the holder of the original uncertificated or certificated security regarding account number _____________________
    Second: records that definitively show a chain of transfer from you to whoever and wherever the security is now being held, clearly identifying the entity that currently holds the security, which is the legal basis of the mortgage, account, and/or the alleged debt or payments that we are currently, or may be, legally obligated to continue to pay.
    Third: the below-described requested information, answers, and records which will both constitute proof that you are able to validate this “debt”, and make it possible for me to have a thorough independent review completed.
    Fourth: a rebuttal to the attached Exhibit “A”, which, by this reference, is made part of this RESPA QUALIFIED WRITTEN REQUEST, TILA REQUEST, COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBT LETTER. The rebuttal cannot rely on second-hand information or any documents we may have signed, such as the NOTE, which (falsely) asserts that we did receive a loan as such an assertion is not verified evidence of a loan.
    As we are sure you know, absent the actual certified evidence of the security and the alleged loan, we have no choice but to dispute the validity of your lawful ownership, funding, entitlement right, and the current debt you allege that we owe. It is our belief at this time that this is not a valid debt and, therefore, it is disputed and this RESPA REQUEST also serves as your notice of our dispute of this “debt”.
    And by “debt”, we are referring to the principal balance you claim we owe; the calculated monthly payment, the calculated escrow payment, and any fees claimed to be owed by you or any trust or entity you may service or subservice for.
    To independently validate this debt, we need to conduct a complete exam, audit, review and accounting of this mortgage account from its inception through the present date. Upon receipt of this letter, please refrain from reporting any negative credit information [if any] to any credit reporting agency until you respond to each of the following requests:
    We request that you conduct your own investigation and audit of this account since its inception in order to validate the debt you currently claim we owe. Once complete, we require that you send me the results of your work, presented in a format, and in terms, that would be understandable to the average “layman”.
    We request that you validate this debt so that it is accurate to the penny. Once complete, we require that you send me the results of your work, presented in a format, and in terms, that would be understandable to the average “layman”.
    In completing the above-described investigation, audit, and validation, we insist that you notrely on the records of previous servicers or originators’, or the assurances or the indemnity agreements of any such previous servicers or originators, or any previous refusals to conduct a full audit and investigation of this account.
    As this is a Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Title 12 § 2605 (e) (1) (B) (e) and Reg. X § 3500.21(f) 2 of the United States Code, as well as a request under Truth In Lending Act [TILA] 15 U.S.C. § 1601, et seq., RESPA provides substantial penalties and fines for non-compliance or failure to answer our questions provided in this letter within sixty [60] days of its receipt.
    In order to conduct an accurate examination and audit of this loan, you are asked to provide full and immediate disclosure, including copies of all pertinent information regarding this loan. This will ensure that…
    • This loan was originated in lawful compliance with all federal and state laws, regulations including, but not limited to Title 62 of the Revised Statutes, RESPA, TILA, Fair Debt Collection Act, HOEPA and other laws;
    • Any sale or transfer of this account or monetary instrument, was conducted in accordance with proper laws and was a lawful sale with complete disclosure to all parties with an interest;
    • The claimed holder in due course of the monetary instrument/deed of trust/asset is holding such note in compliance with statutes, State and Federal laws, and is entitled to the benefits of payments;
    • All good faith and reasonable disclosures of transfers, sales, Power of Attorney, monetary instrument ownership, entitlements, full disclosure of actual funding source, terms, costs, commissions, rebates, kickbacks, fees etc. were, and still are, properly disclosed to me;
    • Each servicer and/or sub-servicer of this mortgage has serviced this mortgage in accordance with statute, laws and the terms of the mortgage, monetary instrument/deed of trust;
    • Each servicer and sub-servicer of this mortgage has serviced this mortgage in compliance with local, state and federal statutes, laws and regulations;
    • This mortgage account has properly been credited, debited, adjusted, amortized and charged correctly;
    • Interest and principal have been properly calculated and applied to this loan;
    • Any principal balance has been properly calculated, amortized and accounted for; and
    • No charges, fees or expenses, not obligated by me in any agreement, have been charged, assessed or collected from this account.
    In order to validate this debt and audit this account, we will request that you provide me with copies of pertinent documents, a legitimate and reasonable request that, under the law, we have a right to make. We will also request written answers to various servicing questions. Those written answers will need to be certified by officials at your company who are authorized to do so, and we request that such company officials performing such certification be named somewhere on each document being so certified. For each record kept on computer or in any other electronic file or format, please provide a paper copy of all information in each field or record in each computer system, program, or database used by you that contains any information on this account number or our name.
    As such, as soon as possible, but in no more than 60 days from your receipt of this letter, please send to me, at the above address, copies of the documents requested below:
    • All certificated or uncertificated security, front and back, used for the funding of account # 0023306855.
    • § All “Pool Agreement(s)” including account # 0023306855 between American Home Mortgage Servicing, Inc., hereafter “AHMSI”, and any government sponsored entity, hereinafter (GSE).
    • § All “Deposit Agreement(s)” regarding account # 0023306855 or the “Pool Agreement” including account # 0023306855 between AHMSI and any GSE.
    • § All “Servicing Agreement(s)” between AHMSI and any GSE.
    • § All “Custodial Agreement(s)” between AHMSI and any GSE.
    • § All “Master Purchasing Agreement” between AHMSI and any GSE.
    • § All “Issuer Agreement(s)” between AHMSI and any GSE.
    • § All “Commitment to Guarantee” agreement(s) between AHMSI and any GSE.
    • § All “Release of Document agreements” between AHMSI and any GSE.
    • § All “Master Agreement for servicer’s Principle and Interest Custodial Account” between AHMSI and any GSE.
    • § All “Servicers Escrow Custodial Account” between AHMSI and any GSE.
    • § All “Release of Interest” agreements between AHMSI and any GSE.
    • Any Trustee agreement(s) between AHMSI and AHMSI’s trustee regarding account # 0023306855 or pool accounts with any GSE.
    • Any documentation evidencing the trust relationship between the Mortgage/Deed of Trust and the Note in this matter.
    • Copies of all documents that establish the Trustee of record for the Mortgage/Deed of Trust and the Note.
    • Copies of all documents that establish the date of the appointment of the Trustee of the Mortgage/Deed of Trust and the Note. Please also include all assignments or transfers or nominees of any substitute trustee(s).
    • Copies of all documents that establish a Grantor for this Mortgage/Deed of Trust and the Note.
    • Copies of all documents that establish a Grantee for this Mortgage/Deed of Trust and the Note.
    • Copies of all documents that establish a Beneficiary for this Mortgage/Deed of Trust and the Note.
    • § All documentation showing that the Mortgage, or the Deed of Trust, is not a constructive trust or any other form of trust.
    • § All data, information, notations, text, figures and information contained in your mortgage servicing and accounting computer systems including, but not limited to, Alltel or Fidelity CPI system, or any other similar mortgage servicing software used by you, any servicers, or sub-servicers of this mortgage account from the inception of this account to the present date.
    • § All descriptions and legends of all Codes used in your mortgage servicing and accounting system so that the examiners, auditors and experts retained to audit and review this mortgage account may properly conduct their work.
    • § All assignments, transfers, allonge, or other document evidencing a transfer, sale or assignment of this mortgage, deed of trust, monetary instrument or other document that secures payment by me to this obligation in this account from the inception of this account to the present date including any such assignments on, to, or from, MERS.
    • § All records, electronic or otherwise, of assignments of this mortgage, monetary instrument or servicing rights to this mortgage including any such assignments on, to, or from, MERS.
    • § All deeds in lieu, modifications to this mortgage, monetary instrument or deed of trust from the inception of this account to the present date.
    • § A copy of the front and back of each and every canceled check, money order, draft, and debit or credit notice issued to any servicers of this account for payment of any monthly payment, other payment, escrow charge, fee or expense on this account.
    • § All escrow analyses conducted on this account from the inception of this account until the date of this letter.
    • § A copy of the front and back of each and every canceled check, draft, or debit notice issued for payment of closing costs, fees and expenses listed on all disclosure statements including, but not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit life insurance premiums, hazard insurance premiums, commissions, attorney fees, points, etc.
    • § A copy, front and back, of all payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by others or me on this account.
    • § A copy of all letters, statements and documents sent to me by your company.
    • § A copy of all letters, statements and documents sent to me by agents, attorneys, or representatives of your company.
    • § A copy of all letters, statements and documents sent to me by previous servicers, sub-servicers or others in your account file, or in your control, or possession, or in the control or possession of any affiliate, parent company, agent, sub-servicers, servicers, attorney or other representative of your company.
    • § A copy of all letters, statements and documents contained in this account file or imaged by you, any servicers or sub-servicers of this mortgage from the inception of this account to present date.
    • § A copy of all electronic transfers, assignments, sales of the note/asset, mortgage, deed of trust or other security instrument.
    • § A copy of all copies of property inspection reports, appraisals, BPOs and reports done on the property.
    • § A copy of all invoices for each charge such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense, which has been charged to this mortgage account from the inception of this account to the present date.
    • § A copy of all checks used to pay invoices for each charged such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to this mortgage account from the inception of this account to the present date.
    • § A copy of all agreements, contracts and understandings with vendors that have been paid for any charge on this account from the inception of this account to the present date.
    • § A copy of all account servicing records, payment payoffs, payoff calculations, ARM audits, interest rate adjustments, payment records, transaction histories, account histories, accounting records, ledgers, and documents that relate to the accounting of this account from the inception of this account until present date.
    • § A copy of all account servicing transaction records, ledgers, registers and similar items detailing how this account has been serviced from the from the inception of this account until present date.
    ACCOUNT ACCOUNTING & SERVICING SYSTEMS
    • Please identify each account accounting and servicing system used by you and any sub-servicers or previous servicers from the inception of this account to the present date so that our experts can decipher the data provided.
    • For each account accounting and servicing system identified by you and any sub-servicers or previous servicers from the inception of this account to the present date, please provide the name and address of the company or party that designed and sold the system.
    • For each account accounting and servicing system used by you and any sub-servicers or previous servicers from the inception of this account to the present date, please provide the complete transaction code list for each system so that this account can be adequately audited.
    DEBITS & CREDITS
    • In a spreadsheet form, or in letter form in a columnar format, please detail each and every credit on this account, and the date such credit was posted to this account, as well as the date any credit was received.
    • In a spreadsheet form, or in letterform in a columnar format, please detail each debit on this account, and the date debit was posted to this account, as well as the date any debit was received.
    • For each debit or credit listed, please provide the definition for each corresponding transaction code you utilize.
    • For each transaction code, please provide us with the master transaction code list used by you or previous servicers.

    MORTGAGE & ASSIGNMENTS
    • A “yes or no” question: has each sale, transfer or assignment of this mortgage, monetary instrument, deed of trust or any other instrument we executed to secure this debt, been recorded in the county property records in the county and state in which our property is located from the inception of this account to the present date?
    • If not, why?
    • A “yes or no” question: is your company, the servicers of this mortgage account, the holder in due course and beneficial owner of this mortgage, monetary instrument, and/or deed of trust?
    • A “yes or no” question: have any sales, transfers, or assignments of this mortgage, monetary instrument, deed of trust, or any other instrument we executed to secure this debt been recorded in any electronic fashion such as MERS or other internal or external recording system from the inception of this account to the present date?
    • If yes, please detail for me the names of each seller, purchaser, assignor, assignee, or any holder in due course to any right or obligation of the note, mortgage, deed or security instrument that was executed, securing the obligation on this account that was not recorded in the county records where our property is located, whether they be mortgage servicing rights or the beneficial interest in the principal and interest payments.
    ATTORNEY FEES. For purposes of our questions below dealing with attorney fees, please consider the terms “attorney fees” and “legal fees” synonymously.
    • A “yes or no” question: have attorney fees ever been assessed to this account from the inception of this account to the present date?
    • If yes, please detail each separate assessment, charge and collection of attorney fees to this account from the inception of this account to the present date, and the date of such assessment to this account.
    • A “yes or no” question: have attorney fees ever been charged to this account from the inception of this account to the present date?
    • If yes, please detail each separate charge of attorney fees to this account from the inception of this account to the present date and the date of such charge to this account.
    • A “yes or no” question: have attorney fees ever been collected from this account from the inception of this account to the present date?
    • If yes, please detail each separate collection of attorney fees from this account from the inception of this account to the present date and the date of such collection from this account.
    • Please provide the name and address of each attorney or law firm that has been paid any fees or expenses related to this account from the inception of this account to the present date.
    • Please identify the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement we signed, authorizing the assessment, charge or collection of attorney fees.
    • Please detail each separate attorney fee assessed to this account and for which corresponding payment period or month such fee was assessed from the inception of this account to present date.
    • Please detail each separate attorney fee collected from this account and for which corresponding payment period or month such fee was collected from the inception of this account to present date.
    • Please detail any adjustments in attorney fees assessed and on what date such adjustment was made and the reasons for such adjustment.
    • Please detail any adjustments in attorney fees collected and on what date such adjustment were made and the reasons for such adjustment.
    • A “yes or no” question: has interest been charged on any attorney fee assessed or charged to this account?
    • A “yes or no” question: is interest allowed to be assessed or charged on attorney fees charged or assessed to this account?
    • How much in total attorney fees have been assessed to this account from the inception of this account until present date?
    • How much in total attorney fees have been collected on this account from the inception of this account until present date?
    • How much in total attorney fees have been charged to this account from the inception of this account until present date?
    • Please provide copies of all invoices and detailed billing statements from any law firm or attorney that has billed such fees that been assessed or collected from this account.

    SUSPENSE/UNAPPLIED ACCOUNTS. For purposes of this section, please treat the term “suspense account” and “unapplied account” synonymously.
    • A “yes or no” question: has there been any suspense or unapplied account transactions on this account from the inception of this account until present date?
    • If yes, please explain the reason for each and every suspense transaction that occurred on this account. If no, skip the questions in this section dealing with suspense and unapplied accounts.
    • In a spreadsheet, or in letter form in a columnar format, please detail each suspense or unapplied transaction, both debits and credits that occurred on this account from the inception of this account until present date.

    LATE FEES. For purposes of our questions below dealing with late fees, please consider the terms “late fees” and “late charges” to be one in the same.
    • A “yes or no” question: have you reported the collection of late fees on this account as interest in any statement to me or to the IRS?
    • A “yes or no” question: have any previous servicers or sub-servicers of this mortgage reported the collection of late fees on this account as interest in any statement to me or to the IRS?
    • A “yes or no” question: do you consider the payment of late fees as liquidated damages to you for not receiving payment on time?
    • A “yes or no” question: are late fees considered interest?
    • Please detail what expenses and damages you incurred for any late payment we made.
    • A “yes or no” question: were any of these expenses or damages charged or assessed to this account in any other way?
    • If yes, please describe what expenses or charges were charged or assessed to this account.
    • Please describe what expenses you or others undertook due to any late payment we made.
    • Please describe what damages you or others sustained due to any late payment we made.
    • Please identify the provision, paragraph, section, or sentence of the note, mortgage, deed of trust, or agreement we signed that authorized the assessment or collection of late fees.
    • Please detail each separate late fee assessed to this account, and for which corresponding payment period or month such late fee was assessed, from the inception of this account to present date.
    • Please detail each separate late fee collected from this account, and for which corresponding payment period or month such late fee was collected, from the inception of this account to present date.
    • Please detail any adjustments in late fees assessed, and on what date such adjustment was made, and the reasons for such adjustment.
    • A “yes or no” question: has interest been charged on any late fee assessed or charged to this account?
    • A “yes or no” question: is interest allowed to be assessed or charged on late fees charged or assessed to this account?
    • A “yes or no” question: have any late charges been assessed to this account?
    • If yes, how much in total late charges have been assessed to this account from the inception of this account until present date?
    • § Please cite the exact months or payment dates you, or other previous servicers of this account, claim any late payments have been made from the inception of this account to the present date.
    • A “yes or no” question: have late charges been collected on this account from the inception of this account until present date?
    • If yes, how much in total late charges have been collected on this account from the inception of this account until present date?

    PROPERTY INSPECTIONS. For purposes of this section, “property inspection” and “inspection fee” refer to any inspections of the property at the above address.
    • A “yes or no” question: have any property inspections been conducted on this property from the inception of this account until the present date?
    • If your answer is no, you can skip the rest of these questions in this section concerning property inspections.
    • If yes, please provide the date of each property inspection conducted on the property that is the secured interest for this mortgage, deed or note.
    • Please provide the price charged for each property inspection.
    • Please provide the date of each property inspection.
    • Please provide the name & address of each company and/or person who conducted each property inspection on the property.
    • Please explain why property inspections were conducted.
    • Please explain how property inspections are beneficial to the grantor/trustor.
    • Please explain how property inspections are protective of the property.
    • Please explain your policy on property inspections.
    • A “yes or no” question: do you consider the payment of inspection fees as a cost of collection?
    • If yes, why?
    • A “yes or no” question: do you use property inspections to collect debts?
    • Have you used any portion of the property inspection process on this property to collect a debt, payment or obligation?
    • If yes, please answer when and why?
    • Please cite the provision, paragraph, section or sentence of the note, mortgage, deed of trust, or any agreement that authorized the assessment or collection of property inspection fees.
    • A “yes or no” question: have you labeled as a “misc. advance” in any record or document that actually refers to a property inspection?
    • If yes, why?
    • A “yes or no” question: have you labeled as a legal fee or attorney fee in any record or document that was actually a property inspection?
    • If yes, why?
    • Please detail each separate inspection fee assessed to this account and for which corresponding payment period or month such fee was assessed from the inception of this account to present date.
    • Please detail each separate inspection fee collected from this account and for which corresponding payment period or month such fee was collected from the inception of this account to present date.
    • Please detail and list for me in writing any adjustments in inspection fees assessed and on what date such adjustment was made and the reasons for such adjustment.
    • Please detail and list for me in writing any adjustments in inspection fees collected and on what date such adjustment was made and the reasons for such adjustment.
    • A “yes or no” question: has interest been charged on any inspection fees assessed or charged to this account?
    • If yes, when did these charges occur and how much was charged?
    • A “yes or no” question: is interest allowed to be assessed or charged on inspection fees charged or assessed to this account?
    • How much in total inspection fees have been assessed to this account from the inception of this account until present date?
    • How much in total inspection fees have been collected on this account from the inception of this account until present date?
    • Please forward to me copies of all property inspections made on our property in this mortgage account file.
    • A “yes or no” question: has any fee charged or assessed for property inspections been placed into escrow account?

    BPO FEES
    • A “yes or no” question: have any BPOs (Broker Price Opinions) been conducted on the property?
    • If yes, please provide the date of each BPO conducted on the property, which is the secured interest for this mortgage, deed or note.
    • If yes, please tell us who conducted each BPO.
    • Please provide the price of each BPO.
    • Please explain why BPOs were conducted on the property.
    • Please explain how BPOs are beneficial to the homeowner.
    • Please explain how BPOs are protective of the property.
    • Please explain your policy on BPOs.
    • A “yes or no” question: have any BPO fees been assessed to this account?
    • If yes, how much in total BPO fees have been assessed to this account?
    • A “yes or no” question: have any BPO fees been charged to this account?
    • If yes, how much in total BPO fees have been charged to this account?
    • Please cite the specific clause, paragraph and sentence in the note, mortgage or deed of trust, or any agreement, that allows you to assess, charge, or collect a BPO fee from the homeowner.
    • Please provide copies of all BPO reports that have been done on the property.
    • A “yes or no” question: has any fee, charged or assessed for A BPO, been placed into escrow?
    FORCED-PLACED INSURANCE
    • A “yes or no” question: have you placed or ordered any forced-placed insurance policies on the property?
    • If yes, provide the date each policy was ordered or placed on the property that is the secured interest for this mortgage, deed, or note.
    • What was the price of each policy?
    • Who was the agent for each policy?
    • Why was each policy placed on the property?
    • Explain how these policies are beneficial to the homeowner.
    • Explain how these policies are protective of the property.
    • Explain your policy on forced-placed insurance.
    • A “yes or no” question: have any forced-placed insurance fees been assessed to this mortgage or escrow account?
    • If yes, how much in total forced-placed policy fees have been assessed to this account?
    • A “yes or no” question: have any forced-placed insurance fees been charged to this mortgage or escrow account?
    • If yes, how much (dollar amount) in total forced-placed insurance fees have been charged to this mortgage or escrow account?
    • Please cite, specifically, what clause, paragraph, and sentence in the note, mortgage, or deed of trust, or any agreement that allows you to assess, charge, or collect forced-placed insurance fees.
    • Do you have any relationship with the agent or agency that placed any policies on the property? If yes, please describe.
    • A “yes or no” question: do you have any relationship with the carrier that issued any policies on the property? If yes, please describe.
    • A “yes or no” question: has the agency or carrier you used to place a forced-placed insurance policy on the property provided you any service, computer system, discount on policies, commissions, rebates, or any form of consideration? If yes, please describe.
    • A “yes or no” question: do you maintain a blanket insurance policy to protect your properties when customer policies have expired?
    • Please send copies of all forced-placed insurance policies that have been ordered on the property.
    SERVICING RELATED QUESTIONS. For each of the following questions listed below, please provide me with a detailed explanation in writing that answers each question. In addition, we need the following answers to questions concerning the servicing of this mortgage account from its inception to the present date. Accordingly, can you please provide me, in writing, the answers to the questions listed below:
    • A “yes or no” question: did the originator or previous servicers of this account have any financing agreements or contracts with your company or an affiliate of your company?
    • A “yes or no” question: did the originator of this account or previous servicers of this account, have a warehouse account agreement or contract with your company?
    • A “yes or no” question: did the originator of this account, or previous servicers of this account, receive any compensation, fee, commission, payment, rebate or other financial consideration from your company or any affiliate of your company for handling, processing, originating, or administering this loan?
    • If yes, please describe and itemize each and every form of compensation, fee, commission, payment, rebate, or other financial consideration paid to the originator of this account by your company or any affiliate.
    • Please identify where the originals of this entire account file are currently located and how they are being stored, kept, and protected?
    • What is the exact location of the original signed monetary instrument, or mortgage? Please describe its physical location and anyone holding this note as a custodian or trustee, if applicable.
    • What is the exact location of the original signed deed of trust or mortgage and note? Please describe its physical location and anyone holding this note as a custodian or trustee if applicable.
    • A “yes or no” question: since the inception of this loan, has there been any assignment of the monetary instrument/asset to any other party?
    • If yes, identify the names & addresses of each individual, party, bank, trust or entity that has received such assignment.
    • A “yes or no” question: since the inception of this loan, has there been any assignment of the deed of trust, or mortgage and note, to any other party?
    • If yes, please identify the names & addresses of each individual, party, bank, trust or entity that has received such assignment.
    • A “yes or no” question: since the inception of this loan, has there been any sale or assignment of servicing rights to this mortgage account to any other party?
    • If yes, please identify the names & addresses of each and every individual, party, bank, trust or entity that has received such assignment or sale.
    • A “yes or no” question: since the inception of this loan, have any sub-servicers serviced any portion of this mortgage loan?
    • If yes, please identify the names and addresses of each and every individual, party, bank, trust or entity that has sub-serviced this mortgage loan.
    • A “yes or no” question: has this mortgage account been made a part of any mortgage pool since the inception of this loan?
    • If yes, please identify for me each and every account mortgage pool that this mortgage has been a part of from the inception of this account to the present date.
    • Has each assignment of our asset/monetary instrument been recorded in the county land records where the property associated with this mortgage account is located?
    • A “yes or no” question: has there been any electronic assignment of this mortgage with MERS (Mortgage Electronic Registration System) or any other computer mortgage registry service or computer program?
    • If yes, please identify the name and address of each individual, entity, party, bank, trust or organization or servicers that has been assigned the mortgage servicing rights to this account as well as the beneficial interest to the payments of principal and interest on this loan.
    • A “yes or no” question: have there been any investors (as defined in your industry) who have participated in any mortgage-backed security, collateral mortgage obligation, or other mortgage security instrument that this mortgage account has ever been a part of from the inception of this mortgage to the present date?
    • If yes, please identify the name and address of each and every individual, entity, organization and/or trust.
    • Please identify the parties to all sales contracts, servicing agreements, assignments, allonges, transfers, indemnification agreements, recourse agreements and any agreement related to this account from its inception to the current date written above, and include their mailing addresses.
    • Please provide copies of all sales contracts, servicing agreements, assignments, allonges, transfers, indemnification agreements, recourse agreements, and any agreement related to this account from its inception to the current date.
    • How much was paid by you for this individual mortgage account?
    • If part of a mortgage pool, what was the principal balance used by you to determine payment for this individual mortgage loan?
    • If part of a mortgage pool, of the principal balance above, what was the percentage paid by you used to determine the purchase price of this individual mortgage loan?
    • Who did you issue a check or payment to for this mortgage loan?
    • Please provide me copies with the front and back of the canceled check.
    Please provide the requested documents and a detailed answer to each of the above-stated questions, within the required lawful time frame. Upon receipt of the documents and answers, an exam and audit will be conducted that may lead to further document requests.
    Copies of this qualified written request, validation of debt, RESPA/TILA and request for accounting and legal records, dispute of debt letter will be sent

    Default Provision(s) under this QUALIFIED WRITTEN RESPA REQUEST. Your Lenders name: ______________________or any agents, transfers, or assigns’ omissions of, or agreement by their silence of this RESPA REQUEST, via certified rebuttal, of all points, questions, & requests herein, denotes agreement and consent to those points, and the premise of those questions & requests. The potential consequences of this are several and include, but are not limited by, an immediate termination/removal of all right, title, and interests (liens) in Name:_________________ property or collateral connected to Name: __________________ or your account # ________________. Under such conditions, PHANTOM LENDING COMPANY waives all immunities and defenses in claims and or violations agreed to in this RESPA REQUEST, including, but not limited by, all of the following:
    ü (your name)____________________________’s right, by breach of fiduciary responsibility and fraud and misrepresentation, to execute a revocation and rescinding of power of attorney and/or other appointment PHANTOM LENDING COMPANY may have, or may have had, in connection with account (your account #)____________, and any property and/or real estate connected with your account #________________
    (Your name)____________________________’s right to have any certificated or uncertificated security re-registered solely in (your name) ____________________________’s name.
    (Your name)____________________________’s right of collection, via PHANTOM LENDING Company’s liability insurance and/or bond.
    ü (your name)____________________________’s entitlement in filing and executing any instruments, as power of attorney for, and by, PHANTOM LENDING COMPANY, including, but not limited by, a new certificated security, or any security agreement perfected by filing a UCC Financing Statement with the Secretary of State in the State where the PHANTOM LENDING COMPANY is located.
    ü (your name)____________________________’s right to damages, because of PHANTOM LENDING Company’s wrongful registration, breach of intermediary responsibility with regard to (your name)____________________________’s asset, by PHANTOM LENDING COMPANY issuing to (your name)____________________________ a certified check for the original value of (your name)____________________________’s monetary instrument.
    ü (your name)____________________________’s right to have your account # ________________ completely set off because of PHANTOM LENDING COMPANY’s wrongful registration, breach of intermediary responsibility with regard to (your name)____________________________’s monetary instrument/asset, by PHANTOM LENDING COMPANY sending confirmation of set off of wrongful liability of (your name)____________________________ and issuing a certified check for the difference between the original value of (your name)____________________________’s monetary instrument/asset and what (your name)____________________________ mistakenly sent to PHANTOM LENDING COMPANY as payment for such wrongful liability.
    PHANTOM LENDING COMPANY or any transfers, agents, or assigns who offer a rebuttal of this RESPA QUALIFIED WRITTEN REQUEST, TILA REQUEST, COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBT LETTER, must do so in the manner of this “RESPA REQUEST”, in accordance with, and in compliance with, current statutes and/or laws by signing in the capacity of a fully liable man or woman being responsible and liable under penalty of perjury, while offering direct testimony with the official capacity as an appointed agent for PHANTOM LENDING COMPANY in accordance with PHANTOM LENDING COMPANY’s Articles of Incorporation and By Laws, duly signed by a current and duly sworn under oath director(s) of such corporation/holding corporation/national association. Any direct rebuttal with certified true and complete accompanying proof, must be posted to the above-provided “notary acceptor” address within sixty business days. If and when no verified rebuttal of this “RESPA REQUEST” is made in a timely manner, a “Certificate of Non-Response” serves as PHANTOM LENDING COMPANY’s judgment and consent/agreement with all claims and/or violations herein-stated in the default provisions or any other law.
    Power of Attorney: If and when PHANTOM LENDING COMPANY fails by not rebutting to any part of this “RESPA REQUEST” PHANTOM LENDING COMPANY agrees with the granting unto (your name) ____________________________’s unlimited Power of Attorney and full authorization in signing or endorsing PHANTOM LENDING COMPANY’s name upon any instruments in satisfaction of the obligation(s) of this RESPA REQUEST/Agreement or any agreement arising from this agreement. Pre-emption of, or to, any Bankruptcy proceeding shall not discharge any obligation(s) of this agreement. Consent and agreement with this Power of Attorney by PHANTOM LENDING COMPANY waives all claims of (your name)____________________________, and/or defenses and remains in effect until satisfaction of all obligation(s) by PHANTOM LENDING COMPANY has been satisfied.
    Dear Madam or Sir:
    We are writing to you to complain about the accounting and servicing of this mortgage. Further, we will request clarification of various sales, transfers, funding sources, legal and beneficial ownership, charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of this account from its origination to the present date.
    It is our understanding that your company may have engaged in one or more predatory servicing or lending and servicing practices. As a consumer, we are extremely concerned that predatory servicing and/or predatory “lender” practices, may have affect me, personally.
    We are troubled that potential fraudulent and deceptive practices by unscrupulous mortgage brokers; sales and transfers of mortgage servicing rights; deceptive and fraudulent servicing practices to enhance balance sheets; deceptive, abusive and fraudulent accounting tricks and practices may have also negatively affected our credit rating, mortgage account and/or the debt or payments that we are currently making, or may be legally obligated to make.
    And finally, we are very concerned that after a thorough review of all papers concerning this mortgage, we have found absolutely no evidence that we actually received a loan. The NOTE unambiguously asserted that we did receive a loan.
    In light of the above, we hereby demand that you provide me with the following three categories of documentation:
    First: absolute first-hand evidence from you that you are the holder of the original uncertificated or certificated security regarding account number (your account number) _____________________
    Second: records that definitively show a chain of transfer from you to whoever and wherever the security is now being held, clearly identifying the entity that currently holds the security, which is the legal basis of the mortgage, account, and/or the alleged debt or payments that we are currently, or may be, legally obligated to continue to pay.
    Third: the below-described requested information, answers, and records which will both constitute proof that you are able to validate this “debt”, and make it possible for me to have a thorough independent review completed.
    Fourth: a rebuttal to the attached Exhibit “A”, which, by this reference, is made part of this RESPA QUALIFIED WRITTEN REQUEST, TILA REQUEST, COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBT LETTER. The rebuttal cannot rely on second-hand information or any documents we may have signed, such as the NOTE, which (falsely) asserts that we did receive a loan as such an assertion is not verified evidence of a loan.
    As we are sure you know, absent the actual certified evidence of the security and the alleged loan, we have no choice but to dispute the validity of your lawful ownership, funding, entitlement right, and the current debt you allege that we owe. It is our belief at this time that this is not a valid debt and, therefore, it is disputed and this RESPA REQUEST also serves as your notice of our dispute of this “debt”.
    And by “debt”, we are referring to the principal balance you claim we owe; the calculated monthly payment, the calculated escrow payment, and any fees claimed to be owed by you or any trust or entity you may service or subservice for.
    To independently validate this debt, we need to conduct a complete exam, audit, review and accounting of this mortgage account from its inception through the present date. Upon receipt of this letter, please refrain from reporting any negative credit information [if any] to any credit reporting agency until you respond to each of the following requests:
    We request that you conduct your own investigation and audit of this account since its inception in order to validate the debt you currently claim we owe. Once complete, we require that you send me the results of your work, presented in a format, and in terms, that would be understandable to the average “layman”.
    We request that you validate this debt so that it is accurate to the penny. Once complete, we require that you send me the results of your work, presented in a format, and in terms, that would be understandable to the average “layman”.
    In completing the above-described investigation, audit, and validation, we insist that you notrely on the records of previous servicers or originators’, or the assurances or the indemnity agreements of any such previous servicers or originators, or any previous refusals to conduct a full audit and investigation of this account.
    As this is a Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Title 12 § 2605 (e) (1) (B) (e) and Reg. X § 3500.21(f) 2 of the United States Code, as well as a request under Truth In Lending Act [TILA] 15 U.S.C. § 1601, et seq., RESPA provides substantial penalties and fines for non-compliance or failure to answer our questions provided in this letter within sixty [60] days of its receipt.
    In order to conduct an accurate examination and audit of this loan, you are asked to provide full and immediate disclosure, including copies of all pertinent information regarding this loan. This will ensure that…
    • This loan was originated in lawful compliance with all federal and state laws, regulations including, but not limited to Title 62 of the Revised Statutes, RESPA, TILA, Fair Debt Collection Act, HOEPA and other laws;
    • Any sale or transfer of this account or monetary instrument, was conducted in accordance with proper laws and was a lawful sale with complete disclosure to all parties with an interest;
    • The claimed holder in due course of the monetary instrument/deed of trust/asset is holding such note in compliance with statutes, State and Federal laws, and is entitled to the benefits of payments;
    • All good faith and reasonable disclosures of transfers, sales, Power of Attorney, monetary instrument ownership, entitlements, full disclosure of actual funding source, terms, costs, commissions, rebates, kickbacks, fees etc. were, and still are, properly disclosed to me;
    • Each servicer and/or sub-servicer of this mortgage has serviced this mortgage in accordance with statute, laws and the terms of the mortgage, monetary instrument/deed of trust;
    • Each servicer and sub-servicer of this mortgage has serviced this mortgage in compliance with local, state and federal statutes, laws and regulations;
    • This mortgage account has properly been credited, debited, adjusted, amortized and charged correctly;
    • Interest and principal have been properly calculated and applied to this loan;
    • Any principal balance has been properly calculated, amortized and accounted for; and
    • No charges, fees or expenses, not obligated by me in any agreement, have been charged, assessed or collected from this account.
    In order to validate this debt and audit this account, we will request that you provide me with copies of pertinent documents, a legitimate and reasonable request that, under the law, we have a right to make. We will also request written answers to various servicing questions. Those written answers will need to be certified by officials at your company who are authorized to do so, and we request that such company officials performing such certification be named somewhere on each document being so certified. For each record kept on computer or in any other electronic file or format, please provide a paper copy of all information in each field or record in each computer system, program, or database used by you that contains any information on this account number or our name.
    As such, as soon as possible, but in no more than 60 days from your receipt of this letter, please send to me, at the above address, copies of the documents requested below:
    • All certificated or uncertificated security, front and back, used for the funding of account # 0023306855.
    • § All “Pool Agreement(s)” including account # 0023306855 between American Home Mortgage Servicing, Inc., hereafter “AHMSI”, and any government sponsored entity, hereinafter (GSE).
    • § All “Deposit Agreement(s)” regarding account # 0023306855 or the “Pool Agreement” including account # 0023306855 between AHMSI and any GSE.
    • § All “Servicing Agreement(s)” between AHMSI and any GSE.
    • § All “Custodial Agreement(s)” between AHMSI and any GSE.
    • § All “Master Purchasing Agreement” between AHMSI and any GSE.
    • § All “Issuer Agreement(s)” between AHMSI and any GSE.
    • § All “Commitment to Guarantee” agreement(s) between AHMSI and any GSE.
    • § All “Release of Document agreements” between AHMSI and any GSE.
    • § All “Master Agreement for servicer’s Principle and Interest Custodial Account” between AHMSI and any GSE.
    • § All “Servicers Escrow Custodial Account” between AHMSI and any GSE.
    • § All “Release of Interest” agreements between AHMSI and any GSE.
    • Any Trustee agreement(s) between AHMSI and AHMSI’s trustee regarding account # 0023306855 or pool accounts with any GSE.
    • Any documentation evidencing the trust relationship between the Mortgage/Deed of Trust and the Note in this matter.
    • Copies of all documents that establish the Trustee of record for the Mortgage/Deed of Trust and the Note.
    • Copies of all documents that establish the date of the appointment of the Trustee of the Mortgage/Deed of Trust and the Note. Please also include all assignments or transfers or nominees of any substitute trustee(s).
    • Copies of all documents that establish a Grantor for this Mortgage/Deed of Trust and the Note.
    • Copies of all documents that establish a Grantee for this Mortgage/Deed of Trust and the Note.
    • Copies of all documents that establish a Beneficiary for this Mortgage/Deed of Trust and the Note.
    • § All documentation showing that the Mortgage, or the Deed of Trust, is not a constructive trust or any other form of trust.
    • § All data, information, notations, text, figures and information contained in your mortgage servicing and accounting computer systems including, but not limited to, Alltel or Fidelity CPI system, or any other similar mortgage servicing software used by you, any servicers, or sub-servicers of this mortgage account from the inception of this account to the present date.
    • § All descriptions and legends of all Codes used in your mortgage servicing and accounting system so that the examiners, auditors and experts retained to audit and review this mortgage account may properly conduct their work.
    • § All assignments, transfers, allonge, or other document evidencing a transfer, sale or assignment of this mortgage, deed of trust, monetary instrument or other document that secures payment by me to this obligation in this account from the inception of this account to the present date including any such assignments on, to, or from, MERS.
    • § All records, electronic or otherwise, of assignments of this mortgage, monetary instrument or servicing rights to this mortgage including any such assignments on, to, or from, MERS.
    • § All deeds in lieu, modifications to this mortgage, monetary instrument or deed of trust from the inception of this account to the present date.
    • § A copy of the front and back of each and every canceled check, money order, draft, and debit or credit notice issued to any servicers of this account for payment of any monthly payment, other payment, escrow charge, fee or expense on this account.
    • § All escrow analyses conducted on this account from the inception of this account until the date of this letter.
    • § A copy of the front and back of each and every canceled check, draft, or debit notice issued for payment of closing costs, fees and expenses listed on all disclosure statements including, but not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit life insurance premiums, hazard insurance premiums, commissions, attorney fees, points, etc.
    • § A copy, front and back, of all payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by others or me on this account.
    • § A copy of all letters, statements and documents sent to me by your company.
    • § A copy of all letters, statements and documents sent to me by agents, attorneys, or representatives of your company.
    • § A copy of all letters, statements and documents sent to me by previous servicers, sub-servicers or others in your account file, or in your control, or possession, or in the control or possession of any affiliate, parent company, agent, sub-servicers, servicers, attorney or other representative of your company.
    • § A copy of all letters, statements and documents contained in this account file or imaged by you, any servicers or sub-servicers of this mortgage from the inception of this account to present date.
    • § A copy of all electronic transfers, assignments, sales of the note/asset, mortgage, deed of trust or other security instrument.
    • § A copy of all copies of property inspection reports, appraisals, BPOs and reports done on the property.
    • § A copy of all invoices for each charge such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense, which has been charged to this mortgage account from the inception of this account to the present date.
    • § A copy of all checks used to pay invoices for each charged such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to this mortgage account from the inception of this account to the present date.
    • § A copy of all agreements, contracts and understandings with vendors that have been paid for any charge on this account from the inception of this account to the present date.
    • § A copy of all account servicing records, payment payoffs, payoff calculations, ARM audits, interest rate adjustments, payment records, transaction histories, account histories, accounting records, ledgers, and documents that relate to the accounting of this account from the inception of this account until present date.
    • § A copy of all account servicing transaction records, ledgers, registers and similar items detailing how this account has been serviced from the from the inception of this account until present date.
    ACCOUNT ACCOUNTING & SERVICING SYSTEMS
    • Please identify each account accounting and servicing system used by you and any sub-servicers or previous servicers from the inception of this account to the present date so that our experts can decipher the data provided.
    • For each account accounting and servicing system identified by you and any sub-servicers or previous servicers from the inception of this account to the present date, please provide the name and address of the company or party that designed and sold the system.
    • For each account accounting and servicing system used by you and any sub-servicers or previous servicers from the inception of this account to the present date, please provide the complete transaction code list for each system so that this account can be adequately audited.
    DEBITS & CREDITS
    • In a spreadsheet form, or in letter form in a columnar format, please detail each and every credit on this account, and the date such credit was posted to this account, as well as the date any credit was received.
    • In a spreadsheet form, or in letterform in a columnar format, please detail each debit on this account, and the date debit was posted to this account, as well as the date any debit was received.
    • For each debit or credit listed, please provide the definition for each corresponding transaction code you utilize.
    • For each transaction code, please provide us with the master transaction code list used by you or previous servicers.

    MORTGAGE & ASSIGNMENTS
    • A “yes or no” question: has each sale, transfer or assignment of this mortgage, monetary instrument, deed of trust or any other instrument we executed to secure this debt, been recorded in the county property records in the county and state in which our property is located from the inception of this account to the present date?
    • If not, why?
    • A “yes or no” question: is your company, the servicers of this mortgage account, the holder in due course and beneficial owner of this mortgage, monetary instrument, and/or deed of trust?
    • A “yes or no” question: have any sales, transfers, or assignments of this mortgage, monetary instrument, deed of trust, or any other instrument we executed to secure this debt been recorded in any electronic fashion such as MERS or other internal or external recording system from the inception of this account to the present date?
    • If yes, please detail for me the names of each seller, purchaser, assignor, assignee, or any holder in due course to any right or obligation of the note, mortgage, deed or security instrument that was executed, securing the obligation on this account that was not recorded in the county records where our property is located, whether they be mortgage servicing rights or the beneficial interest in the principal and interest payments.
    ATTORNEY FEES. For purposes of our questions below dealing with attorney fees, please consider the terms “attorney fees” and “legal fees” synonymously.
    • A “yes or no” question: have attorney fees ever been assessed to this account from the inception of this account to the present date?
    • If yes, please detail each separate assessment, charge and collection of attorney fees to this account from the inception of this account to the present date, and the date of such assessment to this account.
    • A “yes or no” question: have attorney fees ever been charged to this account from the inception of this account to the present date?
    • If yes, please detail each separate charge of attorney fees to this account from the inception of this account to the present date and the date of such charge to this acco

  21. UNITED STATES OF AMERICA
    DEPARTMENT OF THE TREASURY
    COMPTROLLER OF THE CURRENCY
    )
    In the Matter of:
    )
    )
    AA-EC-11-14
    HSBC Bank USA, N.A.
    )
    McLean, Virginia
    )
    )
    )
    CONSENT ORDER
    The Comptroller of the Currency of the United States of America (“Comptroller”), through his national bank examiners and other staff of the Office of the Comptroller of the Currency (“OCC”), as part of an interagency horizontal review of major residential mortgage servicers, has conducted an examination of the residential real estate mortgage foreclosure processes of HSBC Bank USA, N.A., McLean, Virginia (“Bank”). The OCC has identified certain deficiencies and unsafe or unsound practices in residential mortgage servicing and in the Bank’s initiation and handling of foreclosure proceedings. The OCC has informed the Bank of the findings resulting from the examination.
    The Bank, by and through its duly elected and acting Board of Directors (“Board”), has executed a “Stipulation and Consent to the Issuance of a Consent Order,” dated April 13, 2011 (“Stipulation and Consent”), that is accepted by the Comptroller. By this Stipulation and Consent, which is incorporated by reference, the Bank has consented to the issuance of this Consent Cease and Desist Order (“Order”) by the Comptroller. The Bank has committed to taking all necessary and appropriate steps to remedy the deficiencies and unsafe or unsound practices identified by the OCC, and to enhance the Bank’s residential mortgage servicing and
    foreclosure processes. The Bank has begun implementing procedures to remediate the practices addressed in this Order.
    ARTICLE I COMPTROLLER’S FINDINGS The Comptroller finds, and the Bank neither admits nor denies, the following:
    (1)
    The Bank is among the largest servicers of residential mortgages in the United States, and services a portfolio of approximately 340,000 residential mortgage loans. During the recent housing crisis, a large number of residential mortgage loans serviced by the Bank became delinquent and resulted in foreclosure actions. The Bank’s foreclosure inventory grew substantially from 2007 through 2010.
    (2)
    In connection with certain foreclosures of loans in its residential mortgage servicing portfolio, the Bank:
    (a)
    filed or caused to be filed in state court affidavits executed by its employees or employees of third-party service providers making various assertions, such as the note attached to the complaint is a true copy, the mortgage/deed was recorded, and the amount of principal due, in which the affiant represented that the assertions in the affidavit were made based on personal knowledge or based on a review by the affiant of the relevant books and records when, in many cases, they were not based on such personal knowledge or review of the relevant books and records;
    (b)
    filed or caused to be filed in state courts, or in local land records offices, numerous affidavits or other mortgage-related documents that were not properly notarized, including those not signed or affirmed in the presence of a notary;
    2
    (c)
    litigated foreclosure proceedings and initiated non-judicial foreclosure proceedings without always ensuring that either the promissory note or the mortgage document were properly endorsed or assigned at the appropriate time;
    (d)
    failed to devote sufficient financial, staffing and managerial resources to ensure proper administration of its foreclosure processes;
    (e)
    failed to devote to its foreclosure processes adequate oversight, internal controls, policies, and procedures, compliance risk management, internal audit, third party management, and training; and
    (f)
    failed to sufficiently oversee outside counsel and other third-party providers handling foreclosure-related services.
    (3)
    By reason of the conduct set forth above, the Bank engaged in unsafe or unsound banking practices.
    Pursuant to the authority vested in him by the Federal Deposit Insurance Act, as amended, 12 U.S.C. §1818(b), the Comptroller hereby ORDERS that:
    ARTICLE II
    COMPLIANCE COMMITTEE
    (1)
    The Board shall maintain a Compliance Committee of at least three (3) directors, of which at least two (2) may not be employees or officers of the Bank or any of its subsidiaries or affiliates. In the event of a change of the membership, the name of any new member shall be submitted to the Examiner-in-Charge for Large Bank Supervision at the Bank (“Examiner-in-Charge”). The Compliance Committee shall be responsible for monitoring and coordinating the
    3
    Bank’s compliance with the provisions of this Order. The Compliance Committee shall meet at least monthly and maintain minutes of its meetings.
    (2)
    Within ninety (90) days of this Order, and within thirty (30) days after the end of each quarter thereafter, the Compliance Committee shall submit a written progress report to the Board setting forth in detail actions taken to comply with each Article of this order, and the results and status of those actions.
    (3)
    The Board shall forward a copy of the Compliance Committee’s report, with any additional comments by the Board, to the Deputy Comptroller for Large Bank Supervision (“Deputy Comptroller”) and the Examiner-in-Charge within ten (10) days of receiving such report.
    ARTICLE III
    COMPREHENSIVE ACTION PLAN
    (1)
    Within sixty (60) days of this Order, the Bank shall submit to the Deputy Comptroller and the Examiner-in-Charge an acceptable plan containing a complete description of the actions that are necessary and appropriate to achieve compliance with Articles IV through XII of this Order (“Action Plan”). In the event the Deputy Comptroller asks the Bank to revise the Action Plan, the Bank shall promptly make the requested revisions and resubmit the Action Plan to the Deputy Comptroller and the Examiner-in-Charge. Following acceptance of the Action Plan by the Deputy Comptroller, the Bank shall not take any action that would constitute a significant deviation from, or material change to, the requirements of the Action Plan or this Order, unless and until the Bank has received a prior written determination of no supervisory objection from the Deputy Comptroller.
    4
    (2)
    The Board shall ensure that the Bank achieves and thereafter maintains compliance with this Order, including, without limitation, successful implementation of the Action Plan. The Board shall further ensure that, upon implementation of the Action Plan, the Bank achieves and maintains effective mortgage servicing, foreclosure, and loss mitigation activities (as used herein, the phrase “loss mitigation” shall include, but not be limited to, activities related to special forbearances, modifications, short refinances, short sales, cash-for-keys, and deeds-in-lieu of foreclosure and be referred to as either “Loss Mitigation” or “Loss Mitigation Activities”), as well as associated risk management, compliance, quality control, audit, training, staffing, and related functions. In order to comply with these requirements, the Board shall:
    (a)
    require the timely reporting by Bank management of such actions directed by the Board to be taken under this Order;
    (b)
    follow-up on any non-compliance with such actions in a timely and appropriate manner; and
    (c)
    require corrective action be taken in a timely manner for any non-compliance with such actions.
    (3) The Action Plan shall address, at a minimum:
    (a)
    financial resources to develop and implement an adequate infrastructure to support existing and/or future Loss Mitigation and foreclosure activities and ensure compliance with this Order;
    (b)
    organizational structure, managerial resources, and staffing to support existing and/or future Loss Mitigation and foreclosure activities and ensure compliance with this Order;
    5
    (c)
    metrics to measure and ensure the adequacy of staffing levels relative to existing and/or future Loss Mitigation and foreclosure activities, such as limits for the number of loans assigned to a Loss Mitigation employee, including the single point of contact as hereinafter defined, and deadlines to review loan modification documentation, make loan modification decisions, and provide responses to borrowers;
    (d)
    governance and controls to ensure compliance with all applicable federal and state laws (including the U.S. Bankruptcy Code and the Servicemembers Civil Relief Act (“SCRA”)), rules, regulations, and court orders and requirements, as well as the Membership Rules of MERSCORP, servicing guides of the Government Sponsored Enterprises (“GSEs”) or investors, including those with the Federal Housing Administration and those required by the Home Affordable Modification Program (“HAMP”), and loss share agreements with the Federal Deposit Insurance Corporation (collectively “Legal Requirements”), and the requirements of this Order.
    (4)
    The Action Plan shall specify timelines for completion of each of the requirements of Articles IV through XII of this Order. The timelines in the Action Plan shall be consistent with any deadlines set forth in this Order.
    ARTICLE IV
    COMPLIANCE PROGRAM
    (1)
    Within sixty (60) days of this Order, the Bank shall submit to the Deputy Comptroller and the Examiner-in-Charge an acceptable compliance program to ensure that the mortgage servicing and foreclosure operations, including Loss Mitigation and loan modification, comply with all applicable Legal Requirements, OCC supervisory guidance, and the
    6
    requirements of this Order and are conducted in a safe and sound manner (“Compliance Program”). The Compliance Program shall be implemented within one hundred twenty (120) days of this Order. Any corrective action timeframe in the Compliance Program that is in excess of one hundred twenty (120) days must be approved by the Examiner-in-Charge. The Compliance Program shall include, at a minimum:
    (a)
    appropriate written policies and procedures to conduct, oversee, and monitor mortgage servicing, Loss Mitigation, and foreclosure operations;
    (b)
    processes to ensure that all factual assertions made in pleadings, declarations, affidavits, or other sworn statements filed by or on behalf of the Bank are accurate, complete, and reliable; and that affidavits and declarations are based on personal knowledge or a review of the Bank’s books and records when the affidavit or declaration so states;
    (c)
    processes to ensure that affidavits filed in foreclosure proceedings are executed and notarized in accordance with state legal requirements and applicable guidelines, including jurat requirements;
    (d)
    processes to review and approve standardized affidavits and declarations for each jurisdiction in which the Bank files foreclosure actions to ensure compliance with applicable laws, rules and court procedures;
    (e)
    processes to ensure that the Bank has properly documented ownership of the promissory note and mortgage (or deed of trust) under applicable state law, or is otherwise a proper party to the action (as a result of agency or other similar status) at all stages of foreclosure and bankruptcy litigation, including appropriate transfer and delivery of endorsed notes and assigned mortgages or deeds of trust at the formation of a residential mortgage-backed security,
    7
    and lawful and verifiable endorsement and successive assignment of the note and mortgage or deed of trust to reflect all changes of ownership;
    (f)
    processes to ensure that a clear and auditable trail exists for all factual information contained in each affidavit or declaration, in support of each of the charges that are listed, including whether the amount is chargeable to the borrower and/or claimable by the investor;
    (g)
    processes to ensure that foreclosure sales (including the calculation of the default period, the amounts due, and compliance with notice requirements) and post-sale confirmations are in accordance with the terms of the mortgage loan and applicable state and federal law requirements;
    (h)
    processes to ensure that all fees, expenses, and other charges imposed on the borrower are assessed in accordance with the terms of the underlying mortgage note, mortgage, or other customer authorization with respect to the imposition of fees, charges, and expenses, and in compliance with all applicable Legal Requirements and OCC supervisory guidance;
    (i)
    processes to ensure that the Bank has the ability to locate and secure all documents, including the original promissory notes if required, necessary to perform mortgage servicing, foreclosure and Loss Mitigation, or loan modification functions;
    (j)
    ongoing testing for compliance with applicable Legal Requirements and OCC supervisory guidance that is completed by qualified persons with requisite knowledge and ability (which may include internal audit) who are independent of the Bank’s business lines;
    (k)
    measures to ensure that policies, procedures, and processes are updated on an ongoing basis as necessary to incorporate any changes in applicable Legal Requirements and OCC supervisory guidance;
    8
    (l)
    processes to ensure the qualifications of current management and supervisory personnel responsible for mortgage servicing and foreclosure processes and operations, including collections, Loss Mitigation and loan modification, are appropriate and a determination of whether any staffing changes or additions are needed;
    (m)
    processes to ensure that staffing levels devoted to mortgage servicing and foreclosure processes and operations, including collections, Loss Mitigation, and loan modification, are adequate to meet current and expected workload demands;
    (n)
    processes to ensure that workloads of mortgage servicing, foreclosure and Loss Mitigation, and loan modification personnel, including single point of contact personnel as hereinafter defined, are reviewed and managed. Such processes, at a minimum, shall assess whether the workload levels are appropriate to ensure compliance with the requirements of Article IX of this Order, and necessary adjustments to workloads shall promptly follow the completion of the reviews. An initial review shall be completed within ninety (90) days of this Order, and subsequent reviews shall be conducted semi-annually;
    (o)
    processes to ensure that the risk management, quality control, audit, and compliance programs have the requisite authority and status within the organization so that appropriate reviews of the Bank’s mortgage servicing, Loss Mitigation, and foreclosure activities and operations may occur and deficiencies are identified and promptly remedied;
    (p)
    appropriate training programs for personnel involved in mortgage servicing and foreclosure processes and operations, including collections, Loss Mitigation, and loan modification, to ensure compliance with applicable Legal Requirements and supervisory guidance; and
    9
    (q)
    appropriate procedures for customers in bankruptcy, including a prohibition on collection of fees in violation of bankruptcy’s automatic stay (11 U.S.C. § 362), the discharge injunction (11 U.S.C. § 524), or any applicable court order.
    ARTICLE V
    THIRD PARTY MANAGEMENT
    (1)
    Within sixty (60) days of this Order, the Bank shall submit to the Deputy Comptroller and the Examiner-in-Charge acceptable policies and procedures for outsourcing foreclosure or related functions, including Loss Mitigation and loan modification, and property management functions for residential real estate acquired through or in lieu of foreclosure, to any agent, independent contractor, consulting firm, law firm (including local counsel in foreclosure or bankruptcy proceedings retained to represent the interests of the owners of mortgages), property management firm, or other third-party (including any affiliate of the Bank) (“Third-Party Providers”). Third-party management policies and procedures shall be implemented within one hundred twenty (120) days of this Order. Any corrective action timetable that is in excess of one hundred twenty (120) days must be approved by the Examiner-in-Charge. The policies and procedures shall include, at a minimum:
    (a)
    appropriate oversight to ensure that Third-Party Providers comply with all applicable Legal Requirements, OCC supervisory guidance (including applicable portions of OCC Bulletin 2001-47), and the Bank’s policies and procedures;
    (b)
    measures to ensure that all original records transferred from the Bank to Third-Party Providers (including the originals of promissory notes and mortgage documents) remain within the custody and control of the Third-Party Provider (unless filed with the
    10
    appropriate court or the loan is otherwise transferred to another party), and are returned to the Bank or designated custodians at the conclusion of the performed service, along with all other documents necessary for the Bank’s files, and that the Bank retains imaged copies of significant documents sent to Third-Party Providers;
    (c)
    measures to ensure the accuracy of all documents filed or otherwise utilized on behalf of the Bank or the owners of mortgages in any judicial or non-judicial foreclosure proceeding, related bankruptcy proceeding, or in other foreclosure-related litigation, including, but not limited to, documentation sufficient to establish ownership of the promissory note and/or right to foreclose at the time the foreclosure action is commenced;
    (d)
    processes to perform appropriate due diligence on potential and current Third-Party Provider qualifications, expertise, capacity, reputation, complaints, information security, document custody practices, business continuity, and financial viability, and to ensure adequacy of Third-Party Provider staffing levels, training, work quality, and workload balance;
    (e)
    processes to ensure that contracts provide for adequate oversight, including requiring Third-Party Provider adherence to Bank foreclosure processing standards, measures to enforce Third-Party Provider contractual obligations, and processes to ensure timely action with respect to Third-Party Provider performance failures;
    (f)
    processes to ensure periodic reviews of Third-Party Provider work for timeliness, competence, completeness, and compliance with all applicable Legal Requirements and supervisory guidance, and to ensure that foreclosures are conducted in a safe and sound manner;
    (g)
    processes to review customer complaints about Third-Party Provider services;
    11
    (h)
    processes to prepare contingency and business continuity plans that ensure the
    continuing availability of critical third-party services and business continuity of the Bank, consistent with federal banking agency guidance, both to address short-term and long-term service disruptions and to ensure an orderly transition to new service providers should that become necessary;
    (i)
    a review of fee structures for Third-Party Providers to ensure that the method of compensation considers the accuracy, completeness, and legal compliance of foreclosure filings and is not based solely on increased foreclosure volume and/or meeting processing timelines; and
    (j)
    a certification process for law firms (and recertification of existing law firm providers) that provide residential mortgage foreclosure and bankruptcy services for the Bank, on a periodic basis, as qualified to serve as Third-Party Providers to the Bank including that attorneys are licensed to practice in the relevant jurisdiction and have the experience and competence necessary to perform the services requested.
    ARTICLE VI
    MORTGAGE ELECTRONIC REGISTRATION SYSTEM
    (1)
    Within sixty (60) days of this Order, the Bank shall submit to the Deputy Comptroller and the Examiner-in-Charge an acceptable plan to ensure appropriate controls and oversight of the Bank’s activities with respect to the Mortgage Electronic Registration System (“MERS”) and compliance with MERSCORP’s membership rules, terms, and conditions (“MERS Requirements”) (“MERS Plan”). The MERS Plan shall be implemented within one hundred twenty (120) days of this Order. Any corrective action timetable that is in excess of one
    12
    hundred twenty (120) days must be approved by the Examiner-in-Charge. The MERS Plan shall include, at a minimum:
    (a)
    processes to ensure that all mortgage assignments and endorsements with respect to mortgage loans serviced or owned by the Bank out of MERS’ name are executed only by a certifying officer authorized by MERS and approved by the Bank;
    (b)
    processes to ensure that all other actions that may be taken by MERS certifying officers (with respect to mortgage loans serviced or owned by the Bank) are executed by a certifying officer authorized by MERS and approved by the Bank;
    (c)
    processes to ensure that the Bank maintains up-to-date corporate resolutions from MERS for all Bank employees and third-parties who are certifying officers authorized by MERS, and up-to-date lists of MERS certifying officers;
    (d)
    processes to ensure compliance with all MERS Requirements and with the requirements of the MERS Corporate Resolution Management System (“CRMS”);
    (e)
    processes to ensure the accuracy and reliability of data reported to MERSCORP, including monthly system-to-system reconciliations for all MERS mandatory reporting fields, and daily capture of all rejects/warnings reports associated with registrations, transfers, and status updates on open-item aging reports. Unresolved items must be maintained on open-item aging reports and tracked until resolution. The Bank shall determine and report whether the foreclosures for loans serviced by the Bank that are currently pending in MERS’ name are accurate and how many are listed in error, and describe how and by when the data on the MERSCORP system will be corrected; and
    (f)
    an appropriate MERS quality assurance workplan, which clearly describes all tests, test frequency, sampling methods, responsible parties, and the expected process for open-
    13
    item follow-up, and includes an annual independent test of the control structure of the system-to-system reconciliation process, the reject/warning error correction process, and adherence to the Bank’s MERS Plan.
    (2)
    The Bank shall include MERS and MERSCORP in its third-party vendor management process, which shall include a detailed analysis of potential vulnerabilities, including information security, business continuity, and vendor viability assessments.
    ARTICLE VII
    FORECLOSURE REVIEW
    (1)
    Within forty-five (45) days of this Order, the Bank shall retain an independent consultant acceptable to the Deputy Comptroller and the Examiner-in-Charge to conduct an independent review of certain residential foreclosure actions regarding individual borrowers with respect to the Bank’s mortgage servicing portfolio. The review shall include residential foreclosure actions or proceedings (including foreclosures that were in process or completed) for loans serviced by the Bank, whether brought in the name of the Bank, the investor, the mortgage note holder, or any agent for the mortgage note holder (including MERS), that have been pending at any time from January 1, 2009 to December 31, 2010, as well as residential foreclosure sales that occurred during this time period (“Foreclosure Review”).
    (2)
    Within fifteen (15) days of the engagement of the independent consultant described in this Article, but prior to the commencement of the Foreclosure Review, the Bank shall submit to the Deputy Comptroller and the Examiner-in-Charge for approval an engagement letter that sets forth:
    14
    (a)
    the methodology for conducting the Foreclosure Review, including: (i) a description of the information systems and documents to be reviewed, including the selection of criteria for cases to be reviewed; (ii) the criteria for evaluating the reasonableness of fees and penalties; (iii) other procedures necessary to make the required determinations (such as through interviews of employees and third parties and a process for submission and review of borrower claims and complaints); and (iv) any proposed sampling techniques. In setting the scope and review methodology under clause (i) of this sub-paragraph, the independent consultant may consider any work already done by the Bank or other third-parties on behalf of the Bank. The engagement letter shall contain a full description of the statistical basis for the sampling methods chosen, as well as procedures to increase the size of the sample depending on results of the initial sampling;
    (b) expertise and resources to be dedicated to the Foreclosure Review;
    (c)
    completion of the Foreclosure Review within one hundred twenty (120) days from approval of the engagement letter; and
    (d)
    a written commitment that any workpapers associated with the Foreclosure Review shall be made available to the OCC immediately upon request.
    (3) The purpose of the Foreclosure Review shall be to determine, at a minimum:
    (a)
    whether at the time the foreclosure action was initiated or the pleading or affidavit filed (including in bankruptcy proceedings and in defending suits brought by borrowers), the foreclosing party or agent of the party had properly documented ownership of the promissory note and mortgage (or deed of trust) under relevant state law, or was otherwise a proper party to the action as a result of agency or similar status;
    15
    (b)
    whether the foreclosure was in accordance with applicable state and federal law, including but not limited to the SCRA and the U.S. Bankruptcy Code;
    (c)
    whether a foreclosure sale occurred when an application for a loan modification or other Loss Mitigation was under consideration; when the loan was performing in accordance with a trial or permanent loan modification; or when the loan had not been in default for a sufficient period of time to authorize foreclosure pursuant to the terms of the mortgage loan documents and related agreements;
    (d)
    whether, with respect to non-judicial foreclosures, the procedures followed with respect to the foreclosure sale (including the calculation of the default period, the amounts due, and compliance with notice periods) and post-sale confirmations were in accordance with the terms of the mortgage loan and state law requirements;
    (e)
    whether a delinquent borrower’s account was only charged fees and/or penalties that were permissible under the terms of the borrower’s loan documents, applicable state and federal law, and were reasonable and customary;
    (f)
    whether the frequency that fees were assessed to any delinquent borrower’s account (including broker price opinions) was excessive under the terms of the borrower’s loan documents, and applicable state and federal law;
    (g)
    whether Loss Mitigation Activities with respect to foreclosed loans were handled in accordance with the requirements of the HAMP, and consistent with the policies and procedures applicable to the Bank’s proprietary loan modifications or other loss mitigation programs, such that each borrower had an adequate opportunity to apply for a Loss Mitigation option or program, any such application was handled properly, a final decision was made on a reasonable basis, and was communicated to the borrower before the foreclosure sale; and
    16
    (h)
    whether any errors, misrepresentations, or other deficiencies identified in the Foreclosure Review resulted in financial injury to the borrower or the mortgagee.
    (4)
    The independent consultant shall prepare a written report detailing the findings of the Foreclosure Review (“Foreclosure Report”), which shall be completed within thirty (30) days of completion of the Foreclosure Review. Immediately upon completion, the Foreclosure Report shall be submitted to the Deputy Comptroller, Examiner-in-Charge, and the Board.
    (5)
    Within forty-five (45) days of submission of the Foreclosure Report to the Deputy Comptroller, Examiner-in-Charge, and the Board, the Bank shall submit to the Deputy Comptroller and the Examiner-in-Charge a plan, acceptable to the OCC, to remediate all financial injury to borrowers caused by any errors, misrepresentations, or other deficiencies identified in the Foreclosure Report, by:
    (a)
    reimbursing or otherwise appropriately remediating borrowers for impermissible or excessive penalties, fees, or expenses, or for other financial injury identified in accordance with this Article; and
    (b)
    taking appropriate steps to remediate any foreclosure sale where the foreclosure was not authorized as described in this Article.
    (6)
    Within sixty (60) days after the OCC provides supervisory non-objection to the plan set forth in paragraph (5) above, the Bank shall make all reimbursement and remediation payments and provide all credits required by such plan, and provide the OCC with a report detailing such payments and credits.
    17
    ARTICLE VIII
    MANAGEMENT INFORMATION SYSTEMS
    (1)
    Within sixty (60) days of this Order, the Bank shall submit to the Deputy Comptroller and the Examiner-in-Charge an acceptable plan for operation of its management information systems (“MIS”) for foreclosure and Loss Mitigation or loan modification activities to ensure the timely delivery of complete and accurate information to permit effective decision-making. The MIS plan shall be implemented within one hundred twenty (120) days of this Order. Any corrective action timeframe that is in excess of one hundred twenty (120) days must be approved by the Examiner-in-Charge. The plan shall include, at a minimum:
    (a)
    a description of the various components of MIS used by the Bank for foreclosure and Loss Mitigation or loan modification activities;
    (b) a description of and timetable for any needed changes or upgrades to:
    (i)
    monitor compliance with all applicable Legal Requirements and supervisory guidance, and the requirements of this Order;
    (ii)
    ensure the ongoing accuracy of records for all serviced mortgages, including, but not limited to, records necessary to establish ownership and the right to foreclose by the appropriate party for all serviced mortgages, outstanding balances, and fees assessed to the borrower; and
    (iii) measures to ensure that Loss Mitigation, loan foreclosure, and modification staffs have sufficient and timely access to information provided by the borrower regarding loan foreclosure and modification activities;
    18
    (c)
    testing the integrity and accuracy of the new or enhanced MIS to ensure that reports generated by the system provide necessary information for adequate monitoring and quality controls.
    ARTICLE IX
    MORTGAGE SERVICING
    (1)
    Within sixty (60) days of this Order, the Bank shall submit to the Deputy Comptroller and the Examiner-in-Charge an acceptable plan, along with a timeline for ensuring effective coordination of communications with borrowers, both oral and written, related to Loss Mitigation or loan modification and foreclosure activities: (i) to ensure that communications are timely and effective and are designed to avoid confusion to borrowers; (ii) to ensure continuity in the handling of borrowers’ loan files during the Loss Mitigation, loan modification, and foreclosure process by personnel knowledgeable about a specific borrower’s situation; (iii) to ensure reasonable and good faith efforts, consistent with applicable Legal Requirements, are engaged in Loss Mitigation and foreclosure prevention for delinquent loans, where appropriate; and (iv) to ensure that decisions concerning Loss Mitigation or loan modifications continue to be made and communicated in a timely fashion. Prior to submitting the plan, the Bank shall conduct a review to determine whether processes involving past due mortgage loans or foreclosures overlap in such a way that they may impair or impede a borrower’s efforts to effectively pursue a loan modification, and whether Bank employee compensation practices discourage Loss Mitigation or loan modifications. The plan shall be implemented within one hundred twenty (120) days of this Order. Any corrective action timeframe that is in excess of
    19
    one hundred twenty (120) days must be approved by the Examiner-in-Charge. The plan shall include, at a minimum:
    (a)
    measures to ensure that staff handling Loss Mitigation and loan modification requests routinely communicate and coordinate with staff processing the foreclosure on the borrower’s property;
    (b)
    appropriate deadlines for responses to borrower communications and requests for consideration of Loss Mitigation, including deadlines for decision-making on Loss Mitigation Activities, with the metrics established not being less responsive than the timelines in the HAMP program;
    (c)
    establishment of an easily accessible and reliable single point of contact for each borrower so that the borrower has access to an employee of the Bank to obtain information throughout the Loss Mitigation, loan modification, and foreclosure processes;
    (d)
    a requirement that written communications with the borrower identify such single point of contact along with one or more direct means of communication with the contact;
    (e)
    measures to ensure that the single point of contact has access to current information and personnel (in-house or third-party) sufficient to timely, accurately, and adequately inform the borrower of the current status of the Loss Mitigation, loan modification, and foreclosure activities;
    (f)
    measures to ensure that staff are trained specifically in handling mortgage delinquencies, Loss Mitigation, and loan modifications;
    (g)
    procedures and controls to ensure that a final decision regarding a borrower’s loan modification request (whether on a trial or permanent basis) is made and communicated to the borrower in writing, including the reason(s) why the borrower did not qualify for the trial or
    20
    permanent modification (including the net present value calculations utilized by the Bank, if applicable) by the single point of contact within a reasonable period of time before any foreclosure sale occurs;
    (h)
    procedures and controls to ensure that when the borrower’s loan has been approved for modification on a trial or permanent basis that: (i) no foreclosure or further legal action predicate to foreclosure occurs, unless the borrower is deemed in default on the terms of the trial or permanent modification; and (ii) the single point of contact remains available to the borrower and continues to be referenced on all written communications with the borrower;
    (i)
    policies and procedures to enable borrowers to make complaints regarding the Loss Mitigation or modification process, denial of modification requests, the foreclosure process, or foreclosure activities which prevent a borrower from pursuing Loss Mitigation or modification options, and a process for making borrowers aware of the complaint procedures;
    (j)
    procedures for the prompt review, escalation, and resolution of borrower complaints, including a process to communicate the results of the review to the borrower on a timely basis;
    (k)
    policies and procedures to ensure that payments are credited in a prompt and timely manner; that payments, including partial payments to the extent permissible under the terms of applicable legal instruments, are applied to scheduled principal, interest, and/or escrow before fees, and that any misapplication of borrower funds is corrected in a prompt and timely manner;
    (l)
    policies and procedures to ensure that timely information about Loss Mitigation options is sent to the borrower in the event of a delinquency or default, including plain language notices about loan modification and the pendency of foreclosure proceedings;
    21
    (m)
    policies and procedures to ensure that foreclosure, Loss Mitigation, and loan modification documents provided to borrowers and third parties are appropriately maintained and tracked, and that borrowers generally will not be required to resubmit the same documented information that has already been provided, and that borrowers are notified promptly of the need for additional information; and
    (n)
    policies and procedures to consider loan modifications or other Loss Mitigation Activities with respect to junior lien loans owned by the Bank, and to factor the risks associated with such junior lien loans into loan loss reserving practices, where the Bank services the associated first lien mortgage and becomes aware that such first lien mortgage is delinquent or has been modified. Such policies and procedures shall require the ongoing maintenance of appropriate loss reserves for junior lien mortgages owned by the Bank and the charge-off of such junior lien loans in accordance with FFIEC retail credit classification guidelines.
    ARTICLE X
    RISK ASSESSMENT AND RISK MANAGEMENT PLAN
    (1)
    Within ninety (90) days of this Order, the Bank shall conduct a written, comprehensive assessment of the Bank’s risks in mortgage servicing operations, particularly in the areas of Loss Mitigation, foreclosure, and the administration and disposition of other real estate owned, including, but not limited to, operational, compliance, transaction, legal, and reputational risks.
    (2)
    The Bank shall develop an acceptable plan to effectively manage or mitigate identified risks on an ongoing basis, with oversight by the Bank’s senior risk managers, senior
    22
    management, and the Board. The assessment and plan shall be provided to the Deputy Comptroller and the Examiner-in-Charge within one hundred twenty (120) days of this Order.
    ARTICLE XI
    APPROVAL, IMPLEMENTATION AND REPORTS
    (1)
    The Bank shall submit the written plans, programs, policies, and procedures required by this Order for review and determination of no supervisory objection to the Deputy Comptroller and the Examiner-in-Charge within the applicable time periods set forth in Articles II through X. The Bank shall adopt the plans, programs, policies, and procedures required by this Order upon submission to the OCC, and shall immediately make any revisions requested by the Deputy Comptroller or the Examiner-in-Charge. Upon adoption, the Bank shall immediately implement the plans, programs, policies, and procedures required by this Order and thereafter fully comply with them.
    (2)
    During the term of this Order, the required plans, programs, policies, and procedures shall not be amended or rescinded in any material respect without the prior written approval of the Deputy Comptroller or the Examiner-in-Charge (except as otherwise provided in this Order).
    (3)
    During the term of this Order, the Bank shall revise the required plans, programs, policies, and procedures as necessary to incorporate new or changes to applicable Legal Requirements and supervisory guidelines.
    (4)
    The Board shall ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to the plans, programs, policies, and procedures required by this Order.
    23
    (5)
    Within thirty (30) days after the end of each calendar quarter following the date of this Order, the Bank shall submit to the OCC a written progress report detailing the form and manner of all actions taken to secure compliance with the provisions of this Order and the results thereof. The progress report shall include information sufficient to validate compliance with this Order, based on a testing program acceptable to the OCC that includes, if required by the OCC, validation by third-party independent consultants acceptable to the OCC. The OCC may, in writing, discontinue the requirement for progress reports or modify the reporting schedule.
    (6) All communication regarding this Order shall be sent to:
    (a)
    Sally G. Belshaw
    Deputy Comptroller
    Large Bank Supervision
    Office of the Comptroller of the Currency
    250 E Street, SW
    Washington, DC 20219
    (b)
    Kris A. McIntire
    Examiner-in-Charge
    National Bank Examiners
    10 East 40th Street, 14th Floor
    New York, NY 10016
    ARTICLE XII
    COMPLIANCE AND EXTENSIONS OF TIME
    (1)
    If the Bank contends that compliance with any provision of this Order would not be feasible or legally permissible for the Bank, or requires an extension of any timeframe within this Order, the Board shall submit a written request to the Deputy Comptroller asking for relief. Any written requests submitted pursuant to this Article shall include a statement setting forth in detail the special circumstances that prevent the Bank from complying with a provision, that require
    24
    the Deputy Comptroller to exempt the Bank from a provision, or that require an extension of a timeframe within this Order.
    (2)
    All such requests shall be accompanied by relevant supporting documentation, and to the extent requested by the Deputy Comptroller, a sworn affidavit or affidavits setting forth any other facts upon which the Bank relies. The Deputy Comptroller’s decision concerning a request is final and not subject to further review
    .ARTICLE XIII OTHER PROVISIONS
    (1)
    Although this Order requires the Bank to submit certain actions, plans, programs, policies, and procedures for the review or prior written determination of no supervisory objection by the Deputy Comptroller or the Examiner-in-Charge, the Board has the ultimate responsibility for proper and sound management of the Bank.
    (2)
    In each instance in this Order in which the Board is required to ensure adherence to, and undertake to perform certain obligations of the Bank, it is intended to mean that the Board shall:
    (a)
    authorize and adopt such actions on behalf of the Bank as may be necessary for the Bank to perform its obligations and undertakings under the terms of this Order;
    (b)
    require the timely reporting by Bank management of such actions directed by the Board to be taken under the terms of this Order;
    (c)
    follow-up on any material non-compliance with such actions in a timely and appropriate manner; and
    25
    (d)
    require corrective action be taken in a timely manner of any material non-compliance with such actions.
    (3)
    If, at any time, the Comptroller deems it appropriate in fulfilling the responsibilities placed upon him by the several laws of the United States to undertake any action affecting the Bank, nothing in this Order shall in any way inhibit, estop, bar, or otherwise prevent the Comptroller from so doing.
    (4)
    This Order constitutes a settlement of the cease and desist proceeding against the Bank contemplated by the Comptroller, based on the unsafe or unsound practices described in the Comptroller’s Findings set forth in Article I of this Order. Provided, however, that nothing in this Order shall prevent the Comptroller from instituting other enforcement actions against the Bank or any of its institution-affiliated parties, including, without limitation, assessment of civil money penalties, based on the findings set forth in this Order, or any other findings.
    (5)
    This Order is and shall become effective upon its execution by the Comptroller, through his authorized representative whose hand appears below. The Order shall remain effective and enforceable, except to the extent that, and until such time as, any provision of this Order shall be amended, suspended, waived, or terminated in writing by the Comptroller.
    (6)
    Any time limitations imposed by this Order shall begin to run from the effective date of this Order, as shown below, unless the Order specifies otherwise.
    (7)
    The terms and provisions of this Order apply to the Bank and its subsidiaries, even though those subsidiaries are not named as parties to this Order. The Bank shall integrate any foreclosure or mortgage servicing activities done by a subsidiary into its plans, policies, programs, and processes required by this Order. The Bank shall ensure that its subsidiaries comply with all terms and provisions of this Order.
    26
    (8) This Order is intended to be, and shall be construed to be, a final order issued
    pursuant to 12 U.S.C. § 1818(b), and expressly does not form, and may not be construed to form, a contract binding the Comptroller or the United States. Nothing in this Order shall affect any action against the Bank or its institution-affiliated parties by a bank regulatory agency, the United States Department of Justice, or any other law enforcement agency, to the extent permitted under applicable law.
    (9)
    The terms of this Order, including this paragraph, are not subject to amendment or modification by any extraneous expression, prior agreements, or prior arrangements between the parties, whether oral or written.
    (10)
    Nothing in the Stipulation and Consent or this Order, express or implied, shall give to any person or entity, other than the parties hereto, and their successors hereunder, any benefit or any legal or equitable right, remedy or claim under the Stipulation and Consent or this Order.
    (11)
    The Bank consents to the issuance of this Order before the filing of any notices, or taking of any testimony or adjudication, and solely for the purpose of settling this matter without a formal proceeding being filed.
    IT IS SO ORDERED, this 13th day of April, 2011.
    __/s/________________ Sally G. Belshaw Deputy Comptroller Large Bank Supervision
    27
    UNITED STATES OF AMERICA
    DEPARTMENT OF THE TREASURY
    COMPTROLLER OF THE CURRENCY
    )
    In the Matter of:
    )
    HSBC Bank USA, N.A.
    )
    AA-EC-11-14
    McLean, Virginia
    )
    )
    STIPULATION AND CONSENT TO THE ISSUANCE
    OF A CONSENT ORDER
    The Comptroller of the Currency of the United States of America (“Comptroller”) intends to impose a cease and desist order on HSBC Bank USA, N.A., McLean, Virginia (“Bank”) pursuant to 12 U.S.C. § 1818(b), for unsafe or unsound banking practices relating to mortgage servicing and the initiation and handling of foreclosure proceedings.
    The Bank, in the interest of compliance and cooperation, enters into this Stipulation and Consent to the Issuance of a Consent Order (“Stipulation”) and consents to the issuance of a Consent Order, dated April 13, 2011 (“Consent Order”);
    In consideration of the above premises, the Comptroller, through his authorized representative, and the Bank, through its duly elected and acting Board of Directors, stipulate and agree to the following:
    ARTICLE I
    JURISDICTION
    (1)
    The Bank is a national banking association chartered and examined by the Comptroller pursuant to the National Bank Act of 1864, as amended, 12 U.S.C. § 1 et seq.
    (2)
    The Comptroller is “the appropriate Federal banking agency” regarding the Bank pursuant to 12 U.S.C. §§ 1813(q) and 1818(b).
    (3)
    The Bank is an “insured depository institution” within the meaning of 12 U.S.C. § 1818(b)(1).
    (4)
    For the purposes of, and within the meaning of 12 C.F.R. §§ 5.3(g)(4), 5.51(c)(6), and 24.2(e)(4), this Consent Order shall not be construed to be a “cease and desist order” or “consent order”, unless the OCC informs the Bank otherwise.
    ARTICLE II
    AGREEMENT
    (1)
    The Bank, without admitting or denying any wrongdoing, consents and agrees to issuance of the Consent Order by the Comptroller.
    (2)
    The Bank consents and agrees that the Consent Order shall (a) be deemed an “order issued with the consent of the depository institution” pursuant to 12 U.S.C. § 1818(h)(2), (b) become effective upon its execution by the Comptroller through his authorized representative, and (c) be fully enforceable by the Comptroller pursuant to 12 U.S.C. § 1818(i).
    (3)
    Notwithstanding the absence of mutuality of obligation, or of consideration, or of a contract, the Comptroller may enforce any of the commitments or obligations herein undertaken by the Bank under his supervisory powers, including 12
    U.S.C. § 1818(i), and not as a matter of contract law. The Bank expressly acknowledges that neither the Bank nor the Comptroller has any intention to enter into a contract.
    2
    (4)
    The Bank declares that no separate promise or inducement of any kind has been made by the Comptroller, or by his agents or employees, to cause or induce the Bank to consent to the issuance of the Consent Order and/or execute the Consent Order.
    (5)
    The Bank expressly acknowledges that no officer or employee of the Comptroller has statutory or other authority to bind the United States, the United States Treasury Department, the Comptroller, or any other federal bank regulatory agency or entity, or any officer or employee of any of those entities to a contract affecting the Comptroller’s exercise of his supervisory responsibilities.
    (6)
    The OCC releases and discharges the Bank from all potential liability for a cease and desist order that has been or might have been asserted by the OCC based on the banking practices described in the Comptroller’s Findings set forth in Article I of the Consent Order, to the extent known to the OCC as of the effective date of the Consent Order. However, the banking practices alleged in Article I of the Consent Order may be utilized by the OCC in other future enforcement actions against the Bank or its institution-affiliated parties, including, without limitation, to assess civil money penalties or to establish a pattern or practice of violations or the continuation of a pattern or practice of violations. This release shall not preclude or affect any right of the OCC to determine and ensure compliance with the terms and provisions of this Stipulation or the Consent Order.
    (7)
    The terms and provisions of the Stipulation and the Consent Order shall be binding upon, and inure to the benefit of, the parties hereto and their successors in interest. Nothing in this Stipulation or the Consent Order, express or implied, shall give to any person or entity, other than the parties hereto, and their successors hereunder, any
    3
    benefit or any legal or equitable right, remedy or claim under this Stipulation or the Consent Order.
    ARTICLE III WAIVERS
    (1)
    The Bank, by consenting to this Stipulation, waives:
    (a)
    the issuance of a Notice of Charges pursuant to 12 U.S.C.
    § 1818(b);
    (b)
    any and all procedural rights available in connection with the
    issuance of the Consent Order;
    (c) all rights to a hearing and a final agency decision pursuant to 12
    U.S.C. §§ 1818(b) and (h), 12 C.F.R. Part 19;
    (d)
    all rights to seek any type of administrative or judicial review of the Consent Order;
    (e)
    any and all claims for fees, costs or expenses against the Comptroller, or any of his agents or employees, related in any way to this enforcement matter or this Consent Order, whether arising under common law or under the terms of any statute, including, but not limited to, the Equal Access to Justice Act, 5 U.S.C. § 504 and 28 U.S.C. § 2412; and
    (f)
    any and all rights to challenge or contest the validity of the Consent Order.
    4
    ARTICLE IV
    OTHER PROVISIONS
    (1)
    The provisions of this Stipulation shall not inhibit, estop, bar, or otherwise prevent the Comptroller from taking any other action affecting the Bank if, at any time, it deems it appropriate to do so to fulfill the responsibilities placed upon it by the several laws of the United States of America.
    (2)
    Nothing in this Stipulation shall preclude any proceedings brought by the Comptroller to enforce the terms of this Consent Order, and nothing in this Stipulation constitutes, nor shall the Bank contend that it constitutes, a waiver of any right, power, or authority of any other representative of the United States or an agency thereof, including, without limitation, the United States Department of Justice, to bring other actions deemed appropriate.
    (3)
    The terms of the Stipulation and the Consent Order are not subject to amendment or modification by any extraneous expression, prior agreements or prior arrangements between the parties, whether oral or written.
    IN TESTIMONY WHEREOF, the undersigned, authorized by the Comptroller as his representative, has hereunto set her hand on behalf of the Comptroller.
    /s/ April 13, 2011
    Sally G. Belshaw Date Deputy Comptroller Large Bank Supervision
    5
    IN TESTIMONY WHEREOF, the undersigned, as the duly elected and acting Board of Directors of the Bank, have hereunto set their hands on behalf of the Bank.
    __/s/________________ Niall S.K. Booker
    __4/1/2011___________ Date
    __/s/________________ William R.P. Dalton
    __4/1/2011___________ Date
    __/s/________________ Anthea Disney
    __4/1/2011___________ Date
    __/s/________________ Irene M. Dorner
    __4/1/2011___________ Date
    __/s/________________ Robert K. Herdman
    __4/1/2011___________ Date
    __/s/________________ Louis Hernandez, Jr.
    __4/1/2011___________ Date
    __/s/________________ Richard A. Jalkut
    __4/1/2011___________ Date
    6

  22. What kind of answers are these, letters of HSBC responses? I need to respond, it feels like the usual HSBC dance. Anyone have any thoughts, please comment.

    #1
    00/00/2011….Thank you for the inquiry regarding your mortgage account. Your concerns are under review.

    We apologize…..for the delay and thank you for YOUR patience.

    Your mortgage info available online. ? Sign up and LOG-on sincerely Jennifer Simmons

    #2
    On HSBC PREMIER LETTER HEAD
    00/00/2011

    DEAR…ME

    YOUR CONCERNS REGARDING THE ABOVE MORT ACC. WERE DIRECTED TO MY ATTENTION. I APPRECIATE THE OPPORTUNITY TO RESPOND.

    Please BE ADVISED, YOUR LETTER DOES NOT CONSITITUE A “QUALIFIED WRITTEN REQUEST” UNDER THE REAL ESTATE SETTLEMENT PROCEDURES ACT. A QUALIFIED WRITTEN REQUEST MUST IDENTIFY WHICH ASPECTS OF THEACCOUNTING OR SERVICING OF THE LOAN YOU ARE QUESTIONING. If you believe the account is in error, please send us the reason for; your belief to allow us to determine if correction is necessary.

    Yours sincerely
    Jonathon Szymborski
    Mortgage Research Specialist

    Why doesn’t it? Can someone tell me.
    3rd Another letter same as 1st from Margaret A. Miller, stating your communication addressed to the Office of the Comptroller of the Currency has been received in the Executive Office of HSBC Bank USA, N.A.

    After carefully reviewing the issues outlined in your correspondence, HSBC BANK USAA. believes our previous correspondence 00/00/ 2011 fully addressed your concerns. A copy of this letter is enclosed for your review

    Ms…, I appreciate the opportunity to respond to your inquiry. If you have any question, please contact Christina Sittniewski of Executive Office of HSBC Bank USA, N.A., toll free at 1-877-472-2005

    Yours sincerely
    Margaret miller.
    Vice president executive office

    Responses to the following letter we sent.
    Print out, fill out parts in red and send
    Certified Mail #: XXXX XXXX XXXX XXXX XXXX (send certified)
    Fill in your name:
    Fill in your address:
    Fill in your City, State and Zip:
    Fill in name of your lending company:
    Fill in address of your lending company:
    Fill in city, state and zip of your lending company:
    ATTN: ACCOUNT MANAGER RE: ACCOUNT NUMBER #
    FOR INDEPENDENT CONFIRMATION OF RECEIPT OF YOUR RESPONSES, PLEASE MAIL ANY RESPONSE TO THE FOLLOWING ADDRESS:
    Attn: your name
    Your address:
    Your city, state and zip:

    Date: __________________
    RESPA QUALIFIED WRITTEN REQUEST, TILA REQUEST, COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBT LETTER

    This letter is a ‘‘qualified written request’’ in compliance with, and under, the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605(e) and Regulation X at 24 C.F.R. 3500, and The Gramm Leach Bliley Act
    Dear Madam or Sir:
    We are writing to you to complain about the accounting and servicing of this mortgage. Further, we will request clarification of various sales, transfers, funding sources, legal and beneficial ownership, charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of this account from its origination to the present date.
    It is our understanding that your company may have engaged in one or more predatory servicing or lending and servicing practices. As a consumer, we are extremely concerned that predatory servicing and/or predatory “lender” practices, may have affect me, personally.
    We are troubled that potential fraudulent and deceptive practices by unscrupulous mortgage brokers; sales and transfers of mortgage servicing rights; deceptive and fraudulent servicing practices to enhance balance sheets; deceptive, abusive and fraudulent accounting tricks and practices may have also negatively affected our credit rating, mortgage account and/or the debt or payments that we are currently making, or may be legally obligated to make.
    And finally, we are very concerned that after a thorough review of all papers concerning this mortgage, we have found absolutely no evidence that we actually received a loan. The NOTE unambiguously asserted that we did receive a loan.
    In light of the above, we hereby demand that you provide me with the following three categories of documentation:
    First: absolute first-hand evidence from you that you are the holder of the original uncertificated or certificated security regarding account number _____________________
    Second: records that definitively show a chain of transfer from you to whoever and wherever the security is now being held, clearly identifying the entity that currently holds the security, which is the legal basis of the mortgage, account, and/or the alleged debt or payments that we are currently, or may be, legally obligated to continue to pay.
    Third: the below-described requested information, answers, and records which will both constitute proof that you are able to validate this “debt”, and make it possible for me to have a thorough independent review completed.
    Fourth: a rebuttal to the attached Exhibit “A”, which, by this reference, is made part of this RESPA QUALIFIED WRITTEN REQUEST, TILA REQUEST, COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBT LETTER. The rebuttal cannot rely on second-hand information or any documents we may have signed, such as the NOTE, which (falsely) asserts that we did receive a loan as such an assertion is not verified evidence of a loan.
    As we are sure you know, absent the actual certified evidence of the security and the alleged loan, we have no choice but to dispute the validity of your lawful ownership, funding, entitlement right, and the current debt you allege that we owe. It is our belief at this time that this is not a valid debt and, therefore, it is disputed and this RESPA REQUEST also serves as your notice of our dispute of this “debt”.
    And by “debt”, we are referring to the principal balance you claim we owe; the calculated monthly payment, the calculated escrow payment, and any fees claimed to be owed by you or any trust or entity you may service or subservice for.
    To independently validate this debt, we need to conduct a complete exam, audit, review and accounting of this mortgage account from its inception through the present date. Upon receipt of this letter, please refrain from reporting any negative credit information [if any] to any credit reporting agency until you respond to each of the following requests:
    We request that you conduct your own investigation and audit of this account since its inception in order to validate the debt you currently claim we owe. Once complete, we require that you send me the results of your work, presented in a format, and in terms, that would be understandable to the average “layman”.
    We request that you validate this debt so that it is accurate to the penny. Once complete, we require that you send me the results of your work, presented in a format, and in terms, that would be understandable to the average “layman”.
    In completing the above-described investigation, audit, and validation, we insist that you notrely on the records of previous servicers or originators’, or the assurances or the indemnity agreements of any such previous servicers or originators, or any previous refusals to conduct a full audit and investigation of this account.
    As this is a Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Title 12 § 2605 (e)(1)(B) (e) and Reg. X § 3500.21(f)2 of the United States Code, as well as a request under Truth In Lending Act [TILA] 15 U.S.C. § 1601, et seq., RESPA provides substantial penalties and fines for non-compliance or failure to answer our questions provided in this letter within sixty [60] days of its receipt.
    In order to conduct an accurate examination and audit of this loan, you are asked to provide full and immediate disclosure, including copies of all pertinent information regarding this loan. This will ensure that…
    • This loan was originated in lawful compliance with all federal and state laws, regulations including, but not limited to Title 62 of the Revised Statutes, RESPA, TILA, Fair Debt Collection Act, HOEPA and other laws;
    • Any sale or transfer of this account or monetary instrument, was conducted in accordance with proper laws and was a lawful sale with complete disclosure to all parties with an interest;
    • The claimed holder in due course of the monetary instrument/deed of trust/asset is holding such note in compliance with statutes, State and Federal laws, and is entitled to the benefits of payments;
    • All good faith and reasonable disclosures of transfers, sales, Power of Attorney, monetary instrument ownership, entitlements, full disclosure of actual funding source, terms, costs, commissions, rebates, kickbacks, fees etc. were, and still are, properly disclosed to me;
    • Each servicer and/or sub-servicer of this mortgage has serviced this mortgage in accordance with statute, laws and the terms of the mortgage, monetary instrument/deed of trust;
    • Each servicer and sub-servicer of this mortgage has serviced this mortgage in compliance with local, state and federal statutes, laws and regulations;
    • This mortgage account has properly been credited, debited, adjusted, amortized and charged correctly;
    • Interest and principal have been properly calculated and applied to this loan;
    • Any principal balance has been properly calculated, amortized and accounted for; and
    • No charges, fees or expenses, not obligated by me in any agreement, have been charged, assessed or collected from this account.
    In order to validate this debt and audit this account, we will request that you provide me with copies of pertinent documents, a legitimate and reasonable request that, under the law, we have a right to make. We will also request written answers to various servicing questions. Those written answers will need to be certified by officials at your company who are authorized to do so, and we request that such company officials performing such certification be named somewhere on each document being so certified. For each record kept on computer or in any other electronic file or format, please provide a paper copy of all information in each field or record in each computer system, program, or database used by you that contains any information on this account number or our name.
    As such, as soon as possible, but in no more than 60 days from your receipt of this letter, please send to me, at the above address, copies of the documents requested below:
    • All certificated or uncertificated security, front and back, used for the funding of account # 0023306855.
    • § All “Pool Agreement(s)” including account # 0023306855 between American Home Mortgage Servicing, Inc., hereafter “AHMSI”, and any government sponsored entity, hereinafter (GSE).
    • § All “Deposit Agreement(s)” regarding account # 0023306855 or the “Pool Agreement” including account # 0023306855 between AHMSI and any GSE.
    • § All “Servicing Agreement(s)” between AHMSI and any GSE.
    • § All “Custodial Agreement(s)” between AHMSI and any GSE.
    • § All “Master Purchasing Agreement” between AHMSI and any GSE.
    • § All “Issuer Agreement(s)” between AHMSI and any GSE.
    • § All “Commitment to Guarantee” agreement(s) between AHMSI and any GSE.
    • § All “Release of Document agreements” between AHMSI and any GSE.
    • § All “Master Agreement for servicer’s Principle and Interest Custodial Account” between AHMSI and any GSE.
    • § All “Servicers Escrow Custodial Account” between AHMSI and any GSE.
    • § All “Release of Interest” agreements between AHMSI and any GSE.
    • Any Trustee agreement(s) between AHMSI and AHMSI’s trustee regarding account # 0023306855 or pool accounts with any GSE.
    • Any documentation evidencing the trust relationship between the Mortgage/Deed of Trust and the Note in this matter.
    • Copies of all documents that establish the Trustee of record for the Mortgage/Deed of Trust and the Note.
    • Copies of all documents that establish the date of the appointment of the Trustee of the Mortgage/Deed of Trust and the Note. Please also include all assignments or transfers or nominees of any substitute trustee(s).
    • Copies of all documents that establish a Grantor for this Mortgage/Deed of Trust and the Note.
    • Copies of all documents that establish a Grantee for this Mortgage/Deed of Trust and the Note.
    • Copies of all documents that establish a Beneficiary for this Mortgage/Deed of Trust and the Note.
    • § All documentation showing that the Mortgage, or the Deed of Trust, is not a constructive trust or any other form of trust.
    • § All data, information, notations, text, figures and information contained in your mortgage servicing and accounting computer systems including, but not limited to, Alltel or Fidelity CPI system, or any other similar mortgage servicing software used by you, any servicers, or sub-servicers of this mortgage account from the inception of this account to the present date.
    • § All descriptions and legends of all Codes used in your mortgage servicing and accounting system so that the examiners, auditors and experts retained to audit and review this mortgage account may properly conduct their work.
    • § All assignments, transfers, allonge, or other document evidencing a transfer, sale or assignment of this mortgage, deed of trust, monetary instrument or other document that secures payment by me to this obligation in this account from the inception of this account to the present date including any such assignments on, to, or from, MERS.
    • § All records, electronic or otherwise, of assignments of this mortgage, monetary instrument or servicing rights to this mortgage including any such assignments on, to, or from, MERS.
    • § All deeds in lieu, modifications to this mortgage, monetary instrument or deed of trust from the inception of this account to the present date.
    • § A copy of the front and back of each and every canceled check, money order, draft, and debit or credit notice issued to any servicers of this account for payment of any monthly payment, other payment, escrow charge, fee or expense on this account.
    • § All escrow analyses conducted on this account from the inception of this account until the date of this letter.
    • § A copy of the front and back of each and every canceled check, draft, or debit notice issued for payment of closing costs, fees and expenses listed on all disclosure statements including, but not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit life insurance premiums, hazard insurance premiums, commissions, attorney fees, points, etc.
    • § A copy, front and back, of all payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by others or me on this account.
    • § A copy of all letters, statements and documents sent to me by your company.
    • § A copy of all letters, statements and documents sent to me by agents, attorneys, or representatives of your company.
    • § A copy of all letters, statements and documents sent to me by previous servicers, sub-servicers or others in your account file, or in your control, or possession, or in the control or possession of any affiliate, parent company, agent, sub-servicers, servicers, attorney or other representative of your company.
    • § A copy of all letters, statements and documents contained in this account file or imaged by you, any servicers or sub-servicers of this mortgage from the inception of this account to present date.
    • § A copy of all electronic transfers, assignments, sales of the note/asset, mortgage, deed of trust or other security instrument.
    • § A copy of all copies of property inspection reports, appraisals, BPOs and reports done on the property.
    • § A copy of all invoices for each charge such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense, which has been charged to this mortgage account from the inception of this account to the present date.
    • § A copy of all checks used to pay invoices for each charged such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to this mortgage account from the inception of this account to the present date.
    • § A copy of all agreements, contracts and understandings with vendors that have been paid for any charge on this account from the inception of this account to the present date.
    • § A copy of all account servicing records, payment payoffs, payoff calculations, ARM audits, interest rate adjustments, payment records, transaction histories, account histories, accounting records, ledgers, and documents that relate to the accounting of this account from the inception of this account until present date.
    • § A copy of all account servicing transaction records, ledgers, registers and similar items detailing how this account has been serviced from the from the inception of this account until present date.
    ACCOUNT ACCOUNTING & SERVICING SYSTEMS
    • Please identify each account accounting and servicing system used by you and any sub-servicers or previous servicers from the inception of this account to the present date so that our experts can decipher the data provided.
    • For each account accounting and servicing system identified by you and any sub-servicers or previous servicers from the inception of this account to the present date, please provide the name and address of the company or party that designed and sold the system.
    • For each account accounting and servicing system used by you and any sub-servicers or previous servicers from the inception of this account to the present date, please provide the complete transaction code list for each system so that this account can be adequately audited.
    DEBITS & CREDITS
    • In a spreadsheet form, or in letter form in a columnar format, please detail each and every credit on this account, and the date such credit was posted to this account, as well as the date any credit was received.
    • In a spreadsheet form, or in letterform in a columnar format, please detail each debit on this account, and the date debit was posted to this account, as well as the date any debit was received.
    • For each debit or credit listed, please provide the definition for each corresponding transaction code you utilize.
    • For each transaction code, please provide us with the master transaction code list used by you or previous servicers.

    MORTGAGE & ASSIGNMENTS
    • A “yes or no” question: has each sale, transfer or assignment of this mortgage, monetary instrument, deed of trust or any other instrument we executed to secure this debt, been recorded in the county property records in the county and state in which our property is located from the inception of this account to the present date?
    • If not, why?
    • A “yes or no” question: is your company, the servicers of this mortgage account, the holder in due course and beneficial owner of this mortgage, monetary instrument, and/or deed of trust?
    • A “yes or no” question: have any sales, transfers, or assignments of this mortgage, monetary instrument, deed of trust, or any other instrument we executed to secure this debt been recorded in any electronic fashion such as MERS or other internal or external recording system from the inception of this account to the present date?
    • If yes, please detail for me the names of each seller, purchaser, assignor, assignee, or any holder in due course to any right or obligation of the note, mortgage, deed or security instrument that was executed, securing the obligation on this account that was not recorded in the county records where our property is located, whether they be mortgage servicing rights or the beneficial interest in the principal and interest payments.
    ATTORNEY FEES. For purposes of our questions below dealing with attorney fees, please consider the terms “attorney fees” and “legal fees” synonymously.
    • A “yes or no” question: have attorney fees ever been assessed to this account from the inception of this account to the present date?
    • If yes, please detail each separate assessment, charge and collection of attorney fees to this account from the inception of this account to the present date, and the date of such assessment to this account.
    • A “yes or no” question: have attorney fees ever been charged to this account from the inception of this account to the present date?
    • If yes, please detail each separate charge of attorney fees to this account from the inception of this account to the present date and the date of such charge to this account.
    • A “yes or no” question: have attorney fees ever been collected from this account from the inception of this account to the present date?
    • If yes, please detail each separate collection of attorney fees from this account from the inception of this account to the present date and the date of such collection from this account.
    • Please provide the name and address of each attorney or law firm that has been paid any fees or expenses related to this account from the inception of this account to the present date.
    • Please identify the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement we signed, authorizing the assessment, charge or collection of attorney fees.
    • Please detail each separate attorney fee assessed to this account and for which corresponding payment period or month such fee was assessed from the inception of this account to present date.
    • Please detail each separate attorney fee collected from this account and for which corresponding payment period or month such fee was collected from the inception of this account to present date.
    • Please detail any adjustments in attorney fees assessed and on what date such adjustment was made and the reasons for such adjustment.
    • Please detail any adjustments in attorney fees collected and on what date such adjustment were made and the reasons for such adjustment.
    • A “yes or no” question: has interest been charged on any attorney fee assessed or charged to this account?
    • A “yes or no” question: is interest allowed to be assessed or charged on attorney fees charged or assessed to this account?
    • How much in total attorney fees have been assessed to this account from the inception of this account until present date?
    • How much in total attorney fees have been collected on this account from the inception of this account until present date?
    • How much in total attorney fees have been charged to this account from the inception of this account until present date?
    • Please provide copies of all invoices and detailed billing statements from any law firm or attorney that has billed such fees that been assessed or collected from this account.

    SUSPENSE/UNAPPLIED ACCOUNTS. For purposes of this section, please treat the term “suspense account” and “unapplied account” synonymously.
    • A “yes or no” question: has there been any suspense or unapplied account transactions on this account from the inception of this account until present date?
    • If yes, please explain the reason for each and every suspense transaction that occurred on this account. If no, skip the questions in this section dealing with suspense and unapplied accounts.
    • In a spreadsheet, or in letter form in a columnar format, please detail each suspense or unapplied transaction, both debits and credits that occurred on this account from the inception of this account until present date.

    LATE FEES. For purposes of our questions below dealing with late fees, please consider the terms “late fees” and “late charges” to be one in the same.
    • A “yes or no” question: have you reported the collection of late fees on this account as interest in any statement to me or to the IRS?
    • A “yes or no” question: have any previous servicers or sub-servicers of this mortgage reported the collection of late fees on this account as interest in any statement to me or to the IRS?
    • A “yes or no” question: do you consider the payment of late fees as liquidated damages to you for not receiving payment on time?
    • A “yes or no” question: are late fees considered interest?
    • Please detail what expenses and damages you incurred for any late payment we made.
    • A “yes or no” question: were any of these expenses or damages charged or assessed to this account in any other way?
    • If yes, please describe what expenses or charges were charged or assessed to this account.
    • Please describe what expenses you or others undertook due to any late payment we made.
    • Please describe what damages you or others sustained due to any late payment we made.
    • Please identify the provision, paragraph, section, or sentence of the note, mortgage, deed of trust, or agreement we signed that authorized the assessment or collection of late fees.
    • Please detail each separate late fee assessed to this account, and for which corresponding payment period or month such late fee was assessed, from the inception of this account to present date.
    • Please detail each separate late fee collected from this account, and for which corresponding payment period or month such late fee was collected, from the inception of this account to present date.
    • Please detail any adjustments in late fees assessed, and on what date such adjustment was made, and the reasons for such adjustment.
    • A “yes or no” question: has interest been charged on any late fee assessed or charged to this account?
    • A “yes or no” question: is interest allowed to be assessed or charged on late fees charged or assessed to this account?
    • A “yes or no” question: have any late charges been assessed to this account?
    • If yes, how much in total late charges have been assessed to this account from the inception of this account until present date?
    • § Please cite the exact months or payment dates you, or other previous servicers of this account, claim any late payments have been made from the inception of this account to the present date.
    • A “yes or no” question: have late charges been collected on this account from the inception of this account until present date?
    • If yes, how much in total late charges have been collected on this account from the inception of this account until present date?

    PROPERTY INSPECTIONS. For purposes of this section, “property inspection” and “inspection fee” refer to any inspections of the property at the above address.
    • A “yes or no” question: have any property inspections been conducted on this property from the inception of this account until the present date?
    • If your answer is no, you can skip the rest of these questions in this section concerning property inspections.
    • If yes, please provide the date of each property inspection conducted on the property that is the secured interest for this mortgage, deed or note.
    • Please provide the price charged for each property inspection.
    • Please provide the date of each property inspection.
    • Please provide the name & address of each company and/or person who conducted each property inspection on the property.
    • Please explain why property inspections were conducted.
    • Please explain how property inspections are beneficial to the grantor/trustor.
    • Please explain how property inspections are protective of the property.
    • Please explain your policy on property inspections.
    • A “yes or no” question: do you consider the payment of inspection fees as a cost of collection?
    • If yes, why?
    • A “yes or no” question: do you use property inspections to collect debts?
    • Have you used any portion of the property inspection process on this property to collect a debt, payment or obligation?
    • If yes, please answer when and why?
    • Please cite the provision, paragraph, section or sentence of the note, mortgage, deed of trust, or any agreement that authorized the assessment or collection of property inspection fees.
    • A “yes or no” question: have you labeled as a “misc. advance” in any record or document that actually refers to a property inspection?
    • If yes, why?
    • A “yes or no” question: have you labeled as a legal fee or attorney fee in any record or document that was actually a property inspection?
    • If yes, why?
    • Please detail each separate inspection fee assessed to this account and for which corresponding payment period or month such fee was assessed from the inception of this account to present date.
    • Please detail each separate inspection fee collected from this account and for which corresponding payment period or month such fee was collected from the inception of this account to present date.
    • Please detail and list for me in writing any adjustments in inspection fees assessed and on what date such adjustment was made and the reasons for such adjustment.
    • Please detail and list for me in writing any adjustments in inspection fees collected and on what date such adjustment was made and the reasons for such adjustment.
    • A “yes or no” question: has interest been charged on any inspection fees assessed or charged to this account?
    • If yes, when did these charges occur and how much was charged?
    • A “yes or no” question: is interest allowed to be assessed or charged on inspection fees charged or assessed to this account?
    • How much in total inspection fees have been assessed to this account from the inception of this account until present date?
    • How much in total inspection fees have been collected on this account from the inception of this account until present date?
    • Please forward to me copies of all property inspections made on our property in this mortgage account file.
    • A “yes or no” question: has any fee charged or assessed for property inspections been placed into escrow account?

    BPO FEES
    • A “yes or no” question: have any BPOs (Broker Price Opinions) been conducted on the property?
    • If yes, please provide the date of each BPO conducted on the property, which is the secured interest for this mortgage, deed or note.
    • If yes, please tell us who conducted each BPO.
    • Please provide the price of each BPO.
    • Please explain why BPOs were conducted on the property.
    • Please explain how BPOs are beneficial to the homeowner.
    • Please explain how BPOs are protective of the property.
    • Please explain your policy on BPOs.
    • A “yes or no” question: have any BPO fees been assessed to this account?
    • If yes, how much in total BPO fees have been assessed to this account?
    • A “yes or no” question: have any BPO fees been charged to this account?
    • If yes, how much in total BPO fees have been charged to this account?
    • Please cite the specific clause, paragraph and sentence in the note, mortgage or deed of trust, or any agreement, that allows you to assess, charge, or collect a BPO fee from the homeowner.
    • Please provide copies of all BPO reports that have been done on the property.
    • A “yes or no” question: has any fee, charged or assessed for A BPO, been placed into escrow?
    FORCED-PLACED INSURANCE
    • A “yes or no” question: have you placed or ordered any forced-placed insurance policies on the property?
    • If yes, provide the date each policy was ordered or placed on the property that is the secured interest for this mortgage, deed, or note.
    • What was the price of each policy?
    • Who was the agent for each policy?
    • Why was each policy placed on the property?
    • Explain how these policies are beneficial to the homeowner.
    • Explain how these policies are protective of the property.
    • Explain your policy on forced-placed insurance.
    • A “yes or no” question: have any forced-placed insurance fees been assessed to this mortgage or escrow account?
    • If yes, how much in total forced-placed policy fees have been assessed to this account?
    • A “yes or no” question: have any forced-placed insurance fees been charged to this mortgage or escrow account?
    • If yes, how much (dollar amount) in total forced-placed insurance fees have been charged to this mortgage or escrow account?
    • Please cite, specifically, what clause, paragraph, and sentence in the note, mortgage, or deed of trust, or any agreement that allows you to assess, charge, or collect forced-placed insurance fees.
    • Do you have any relationship with the agent or agency that placed any policies on the property? If yes, please describe.
    • A “yes or no” question: do you have any relationship with the carrier that issued any policies on the property? If yes, please describe.
    • A “yes or no” question: has the agency or carrier you used to place a forced-placed insurance policy on the property provided you any service, computer system, discount on policies, commissions, rebates, or any form of consideration? If yes, please describe.
    • A “yes or no” question: do you maintain a blanket insurance policy to protect your properties when customer policies have expired?
    • Please send copies of all forced-placed insurance policies that have been ordered on the property.
    SERVICING RELATED QUESTIONS. For each of the following questions listed below, please provide me with a detailed explanation in writing that answers each question. In addition, we need the following answers to questions concerning the servicing of this mortgage account from its inception to the present date. Accordingly, can you please provide me, in writing, the answers to the questions listed below:
    • A “yes or no” question: did the originator or previous servicers of this account have any financing agreements or contracts with your company or an affiliate of your company?
    • A “yes or no” question: did the originator of this account or previous servicers of this account, have a warehouse account agreement or contract with your company?
    • A “yes or no” question: did the originator of this account, or previous servicers of this account, receive any compensation, fee, commission, payment, rebate or other financial consideration from your company or any affiliate of your company for handling, processing, originating, or administering this loan?
    • If yes, please describe and itemize each and every form of compensation, fee, commission, payment, rebate, or other financial consideration paid to the originator of this account by your company or any affiliate.
    • Please identify where the originals of this entire account file are currently located and how they are being stored, kept, and protected?
    • What is the exact location of the original signed monetary instrument, or mortgage? Please describe its physical location and anyone holding this note as a custodian or trustee, if applicable.
    • What is the exact location of the original signed deed of trust or mortgage and note? Please describe its physical location and anyone holding this note as a custodian or trustee if applicable.
    • A “yes or no” question: since the inception of this loan, has there been any assignment of the monetary instrument/asset to any other party?
    • If yes, identify the names & addresses of each individual, party, bank, trust or entity that has received such assignment.
    • A “yes or no” question: since the inception of this loan, has there been any assignment of the deed of trust, or mortgage and note, to any other party?
    • If yes, please identify the names & addresses of each individual, party, bank, trust or entity that has received such assignment.
    • A “yes or no” question: since the inception of this loan, has there been any sale or assignment of servicing rights to this mortgage account to any other party?
    • If yes, please identify the names & addresses of each and every individual, party, bank, trust or entity that has received such assignment or sale.
    • A “yes or no” question: since the inception of this loan, have any sub-servicers serviced any portion of this mortgage loan?
    • If yes, please identify the names and addresses of each and every individual, party, bank, trust or entity that has sub-serviced this mortgage loan.
    • A “yes or no” question: has this mortgage account been made a part of any mortgage pool since the inception of this loan?
    • If yes, please identify for me each and every account mortgage pool that this mortgage has been a part of from the inception of this account to the present date.
    • Has each assignment of our asset/monetary instrument been recorded in the county land records where the property associated with this mortgage account is located?
    • A “yes or no” question: has there been any electronic assignment of this mortgage with MERS (Mortgage Electronic Registration System) or any other computer mortgage registry service or computer program?
    • If yes, please identify the name and address of each individual, entity, party, bank, trust or organization or servicers that has been assigned the mortgage servicing rights to this account as well as the beneficial interest to the payments of principal and interest on this loan.
    • A “yes or no” question: have there been any investors (as defined in your industry) who have participated in any mortgage-backed security, collateral mortgage obligation, or other mortgage security instrument that this mortgage account has ever been a part of from the inception of this mortgage to the present date?
    • If yes, please identify the name and address of each and every individual, entity, organization and/or trust.
    • Please identify the parties to all sales contracts, servicing agreements, assignments, allonges, transfers, indemnification agreements, recourse agreements and any agreement related to this account from its inception to the current date written above, and include their mailing addresses.
    • Please provide copies of all sales contracts, servicing agreements, assignments, allonges, transfers, indemnification agreements, recourse agreements, and any agreement related to this account from its inception to the current date.
    • How much was paid by you for this individual mortgage account?
    • If part of a mortgage pool, what was the principal balance used by you to determine payment for this individual mortgage loan?
    • If part of a mortgage pool, of the principal balance above, what was the percentage paid by you used to determine the purchase price of this individual mortgage loan?
    • Who did you issue a check or payment to for this mortgage loan?
    • Please provide me copies with the front and back of the canceled check.
    Please provide the requested documents and a detailed answer to each of the above-stated questions, within the required lawful time frame. Upon receipt of the documents and answers, an exam and audit will be conducted that may lead to further document requests.
    Copies of this qualified written request, validation of debt, RESPA/TILA and request for accounting and legal records, dispute of debt letter will be sent

    Default Provision(s) under this QUALIFIED WRITTEN RESPA REQUEST. Your Lenders name: ______________________or any agents, transfers, or assigns’ omissions of, or agreement by their silence of this RESPA REQUEST, via certified rebuttal, of all points, questions, & requests herein, denotes agreement and consent to those points, and the premise of those questions & requests. The potential consequences of this are several and include, but are not limited by, an immediate termination/removal of all right, title, and interests (liens) in Name:_________________ property or collateral connected to Name: __________________ or your account # ________________. Under such conditions, PHANTOM LENDING COMPANY waives all immunities and defenses in claims and or violations agreed to in this RESPA REQUEST, including, but not limited by, all of the following:
    ü (your name)____________________________’s right, by breach of fiduciary responsibility and fraud and misrepresentation, to execute a revocation and rescinding of power of attorney and/or other appointment PHANTOM LENDING COMPANY may have, or may have had, in connection with account (your account #)____________, and any property and/or real estate connected with your account #________________
    ü (your name)____________________________’s right to have any certificated or uncertificated security re-registered solely in (your name)____________________________’s name.
    ü (your name)____________________________’s right of collection, via PHANTOM LENDING COMPANY’s liability insurance and/or bond.
    ü (your name)____________________________’s entitlement in filing and executing any instruments, as power of attorney for, and by, PHANTOM LENDING COMPANY, including, but not limited by, a new certificated security, or any security agreement perfected by filing a UCC Financing Statement with the Secretary of State in the State where the PHANTOM LENDING COMPANY is located.
    ü (your name)____________________________’s right to damages, because of PHANTOM LENDING COMPANY’s wrongful registration, breach of intermediary responsibility with regard to (your name)____________________________’s asset, by PHANTOM LENDING COMPANY issuing to (your name)____________________________ a certified check for the original value of (your name)____________________________’s monetary instrument.
    ü (your name)____________________________’s right to have your account # ________________ completely set off because of PHANTOM LENDING COMPANY’s wrongful registration, breach of intermediary responsibility with regard to (your name)____________________________’s monetary instrument/asset, by PHANTOM LENDING COMPANY sending confirmation of set off of wrongful liability of (your name)____________________________ and issuing a certified check for the difference between the original value of (your name)____________________________’s monetary instrument/asset and what (your name)____________________________ mistakenly sent to PHANTOM LENDING COMPANY as payment for such wrongful liability.
    PHANTOM LENDING COMPANY or any transfers, agents, or assigns who offer a rebuttal of this RESPA QUALIFIED WRITTEN REQUEST, TILA REQUEST, COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBT LETTER, must do so in the manner of this “RESPA REQUEST”, in accordance with, and in compliance with, current statutes and/or laws by signing in the capacity of a fully liable man or woman being responsible and liable under penalty of perjury, while offering direct testimony with the official capacity as an appointed agent for PHANTOM LENDING COMPANY in accordance with PHANTOM LENDING COMPANY’s Articles of Incorporation and By Laws, duly signed by a current and duly sworn under oath director(s) of such corporation/holding corporation/national association. Any direct rebuttal with certified true and complete accompanying proof, must be posted to the above-provided “notary acceptor” address within sixty business days. If and when no verified rebuttal of this “RESPA REQUEST” is made in a timely manner, a “Certificate of Non-Response” serves as PHANTOM LENDING COMPANY’s judgment and consent/agreement with all claims and/or violations herein-stated in the default provisions or any other law.
    Power of Attorney: If and when PHANTOM LENDING COMPANY fails by not rebutting to any part of this “RESPA REQUEST” PHANTOM LENDING COMPANY agrees with the granting unto (your name)____________________________’s unlimited Power of Attorneyand full authorization in signing or endorsing PHANTOM LENDING COMPANY’s name upon any instruments in satisfaction of the obligation(s) of this RESPA REQUEST/Agreement or any agreement arising from this agreement. Pre-emption of, or to, any Bankruptcy proceeding shall not discharge any obligation(s) of this agreement. Consent and agreement with this Power of Attorney by PHANTOM LENDING COMPANY waives all claims of (your name)____________________________, and/or defenses and remains in effect until satisfaction of all obligation(s) by PHANTOM LENDING COMPANY has been satisfied.
    Dear Madam or Sir:
    We are writing to you to complain about the accounting and servicing of this mortgage. Further, we will request clarification of various sales, transfers, funding sources, legal and beneficial ownership, charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of this account from its origination to the present date.
    It is our understanding that your company may have engaged in one or more predatory servicing or lending and servicing practices. As a consumer, we are extremely concerned that predatory servicing and/or predatory “lender” practices, may have affect me, personally.
    We are troubled that potential fraudulent and deceptive practices by unscrupulous mortgage brokers; sales and transfers of mortgage servicing rights; deceptive and fraudulent servicing practices to enhance balance sheets; deceptive, abusive and fraudulent accounting tricks and practices may have also negatively affected our credit rating, mortgage account and/or the debt or payments that we are currently making, or may be legally obligated to make.
    And finally, we are very concerned that after a thorough review of all papers concerning this mortgage, we have found absolutely no evidence that we actually received a loan. The NOTE unambiguously asserted that we did receive a loan.
    In light of the above, we hereby demand that you provide me with the following three categories of documentation:
    First: absolute first-hand evidence from you that you are the holder of the original uncertificated or certificated security regarding account number (your account number)_____________________
    Second: records that definitively show a chain of transfer from you to whoever and wherever the security is now being held, clearly identifying the entity that currently holds the security, which is the legal basis of the mortgage, account, and/or the alleged debt or payments that we are currently, or may be, legally obligated to continue to pay.
    Third: the below-described requested information, answers, and records which will both constitute proof that you are able to validate this “debt”, and make it possible for me to have a thorough independent review completed.
    Fourth: a rebuttal to the attached Exhibit “A”, which, by this reference, is made part of this RESPA QUALIFIED WRITTEN REQUEST, TILA REQUEST, COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBT LETTER. The rebuttal cannot rely on second-hand information or any documents we may have signed, such as the NOTE, which (falsely) asserts that we did receive a loan as such an assertion is not verified evidence of a loan.
    As we are sure you know, absent the actual certified evidence of the security and the alleged loan, we have no choice but to dispute the validity of your lawful ownership, funding, entitlement right, and the current debt you allege that we owe. It is our belief at this time that this is not a valid debt and, therefore, it is disputed and this RESPA REQUEST also serves as your notice of our dispute of this “debt”.
    And by “debt”, we are referring to the principal balance you claim we owe; the calculated monthly payment, the calculated escrow payment, and any fees claimed to be owed by you or any trust or entity you may service or subservice for.
    To independently validate this debt, we need to conduct a complete exam, audit, review and accounting of this mortgage account from its inception through the present date. Upon receipt of this letter, please refrain from reporting any negative credit information [if any] to any credit reporting agency until you respond to each of the following requests:
    We request that you conduct your own investigation and audit of this account since its inception in order to validate the debt you currently claim we owe. Once complete, we require that you send me the results of your work, presented in a format, and in terms, that would be understandable to the average “layman”.
    We request that you validate this debt so that it is accurate to the penny. Once complete, we require that you send me the results of your work, presented in a format, and in terms, that would be understandable to the average “layman”.
    In completing the above-described investigation, audit, and validation, we insist that you notrely on the records of previous servicers or originators’, or the assurances or the indemnity agreements of any such previous servicers or originators, or any previous refusals to conduct a full audit and investigation of this account.
    As this is a Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Title 12 § 2605 (e)(1)(B) (e) and Reg. X § 3500.21(f)2 of the United States Code, as well as a request under Truth In Lending Act [TILA] 15 U.S.C. § 1601, et seq., RESPA provides substantial penalties and fines for non-compliance or failure to answer our questions provided in this letter within sixty [60] days of its receipt.
    In order to conduct an accurate examination and audit of this loan, you are asked to provide full and immediate disclosure, including copies of all pertinent information regarding this loan. This will ensure that…
    • This loan was originated in lawful compliance with all federal and state laws, regulations including, but not limited to Title 62 of the Revised Statutes, RESPA, TILA, Fair Debt Collection Act, HOEPA and other laws;
    • Any sale or transfer of this account or monetary instrument, was conducted in accordance with proper laws and was a lawful sale with complete disclosure to all parties with an interest;
    • The claimed holder in due course of the monetary instrument/deed of trust/asset is holding such note in compliance with statutes, State and Federal laws, and is entitled to the benefits of payments;
    • All good faith and reasonable disclosures of transfers, sales, Power of Attorney, monetary instrument ownership, entitlements, full disclosure of actual funding source, terms, costs, commissions, rebates, kickbacks, fees etc. were, and still are, properly disclosed to me;
    • Each servicer and/or sub-servicer of this mortgage has serviced this mortgage in accordance with statute, laws and the terms of the mortgage, monetary instrument/deed of trust;
    • Each servicer and sub-servicer of this mortgage has serviced this mortgage in compliance with local, state and federal statutes, laws and regulations;
    • This mortgage account has properly been credited, debited, adjusted, amortized and charged correctly;
    • Interest and principal have been properly calculated and applied to this loan;
    • Any principal balance has been properly calculated, amortized and accounted for; and
    • No charges, fees or expenses, not obligated by me in any agreement, have been charged, assessed or collected from this account.
    In order to validate this debt and audit this account, we will request that you provide me with copies of pertinent documents, a legitimate and reasonable request that, under the law, we have a right to make. We will also request written answers to various servicing questions. Those written answers will need to be certified by officials at your company who are authorized to do so, and we request that such company officials performing such certification be named somewhere on each document being so certified. For each record kept on computer or in any other electronic file or format, please provide a paper copy of all information in each field or record in each computer system, program, or database used by you that contains any information on this account number or our name.
    As such, as soon as possible, but in no more than 60 days from your receipt of this letter, please send to me, at the above address, copies of the documents requested below:
    • All certificated or uncertificated security, front and back, used for the funding of account # 0023306855.
    • § All “Pool Agreement(s)” including account # 0023306855 between American Home Mortgage Servicing, Inc., hereafter “AHMSI”, and any government sponsored entity, hereinafter (GSE).
    • § All “Deposit Agreement(s)” regarding account # 0023306855 or the “Pool Agreement” including account # 0023306855 between AHMSI and any GSE.
    • § All “Servicing Agreement(s)” between AHMSI and any GSE.
    • § All “Custodial Agreement(s)” between AHMSI and any GSE.
    • § All “Master Purchasing Agreement” between AHMSI and any GSE.
    • § All “Issuer Agreement(s)” between AHMSI and any GSE.
    • § All “Commitment to Guarantee” agreement(s) between AHMSI and any GSE.
    • § All “Release of Document agreements” between AHMSI and any GSE.
    • § All “Master Agreement for servicer’s Principle and Interest Custodial Account” between AHMSI and any GSE.
    • § All “Servicers Escrow Custodial Account” between AHMSI and any GSE.
    • § All “Release of Interest” agreements between AHMSI and any GSE.
    • Any Trustee agreement(s) between AHMSI and AHMSI’s trustee regarding account # 0023306855 or pool accounts with any GSE.
    • Any documentation evidencing the trust relationship between the Mortgage/Deed of Trust and the Note in this matter.
    • Copies of all documents that establish the Trustee of record for the Mortgage/Deed of Trust and the Note.
    • Copies of all documents that establish the date of the appointment of the Trustee of the Mortgage/Deed of Trust and the Note. Please also include all assignments or transfers or nominees of any substitute trustee(s).
    • Copies of all documents that establish a Grantor for this Mortgage/Deed of Trust and the Note.
    • Copies of all documents that establish a Grantee for this Mortgage/Deed of Trust and the Note.
    • Copies of all documents that establish a Beneficiary for this Mortgage/Deed of Trust and the Note.
    • § All documentation showing that the Mortgage, or the Deed of Trust, is not a constructive trust or any other form of trust.
    • § All data, information, notations, text, figures and information contained in your mortgage servicing and accounting computer systems including, but not limited to, Alltel or Fidelity CPI system, or any other similar mortgage servicing software used by you, any servicers, or sub-servicers of this mortgage account from the inception of this account to the present date.
    • § All descriptions and legends of all Codes used in your mortgage servicing and accounting system so that the examiners, auditors and experts retained to audit and review this mortgage account may properly conduct their work.
    • § All assignments, transfers, allonge, or other document evidencing a transfer, sale or assignment of this mortgage, deed of trust, monetary instrument or other document that secures payment by me to this obligation in this account from the inception of this account to the present date including any such assignments on, to, or from, MERS.
    • § All records, electronic or otherwise, of assignments of this mortgage, monetary instrument or servicing rights to this mortgage including any such assignments on, to, or from, MERS.
    • § All deeds in lieu, modifications to this mortgage, monetary instrument or deed of trust from the inception of this account to the present date.
    • § A copy of the front and back of each and every canceled check, money order, draft, and debit or credit notice issued to any servicers of this account for payment of any monthly payment, other payment, escrow charge, fee or expense on this account.
    • § All escrow analyses conducted on this account from the inception of this account until the date of this letter.
    • § A copy of the front and back of each and every canceled check, draft, or debit notice issued for payment of closing costs, fees and expenses listed on all disclosure statements including, but not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit life insurance premiums, hazard insurance premiums, commissions, attorney fees, points, etc.
    • § A copy, front and back, of all payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by others or me on this account.
    • § A copy of all letters, statements and documents sent to me by your company.
    • § A copy of all letters, statements and documents sent to me by agents, attorneys, or representatives of your company.
    • § A copy of all letters, statements and documents sent to me by previous servicers, sub-servicers or others in your account file, or in your control, or possession, or in the control or possession of any affiliate, parent company, agent, sub-servicers, servicers, attorney or other representative of your company.
    • § A copy of all letters, statements and documents contained in this account file or imaged by you, any servicers or sub-servicers of this mortgage from the inception of this account to present date.
    • § A copy of all electronic transfers, assignments, sales of the note/asset, mortgage, deed of trust or other security instrument.
    • § A copy of all copies of property inspection reports, appraisals, BPOs and reports done on the property.
    • § A copy of all invoices for each charge such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense, which has been charged to this mortgage account from the inception of this account to the present date.
    • § A copy of all checks used to pay invoices for each charged such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to this mortgage account from the inception of this account to the present date.
    • § A copy of all agreements, contracts and understandings with vendors that have been paid for any charge on this account from the inception of this account to the present date.
    • § A copy of all account servicing records, payment payoffs, payoff calculations, ARM audits, interest rate adjustments, payment records, transaction histories, account histories, accounting records, ledgers, and documents that relate to the accounting of this account from the inception of this account until present date.
    • § A copy of all account servicing transaction records, ledgers, registers and similar items detailing how this account has been serviced from the from the inception of this account until present date.
    ACCOUNT ACCOUNTING & SERVICING SYSTEMS
    • Please identify each account accounting and servicing system used by you and any sub-servicers or previous servicers from the inception of this account to the present date so that our experts can decipher the data provided.
    • For each account accounting and servicing system identified by you and any sub-servicers or previous servicers from the inception of this account to the present date, please provide the name and address of the company or party that designed and sold the system.
    • For each account accounting and servicing system used by you and any sub-servicers or previous servicers from the inception of this account to the present date, please provide the complete transaction code list for each system so that this account can be adequately audited.
    DEBITS & CREDITS
    • In a spreadsheet form, or in letter form in a columnar format, please detail each and every credit on this account, and the date such credit was posted to this account, as well as the date any credit was received.
    • In a spreadsheet form, or in letterform in a columnar format, please detail each debit on this account, and the date debit was posted to this account, as well as the date any debit was received.
    • For each debit or credit listed, please provide the definition for each corresponding transaction code you utilize.
    • For each transaction code, please provide us with the master transaction code list used by you or previous servicers.

    MORTGAGE & ASSIGNMENTS
    • A “yes or no” question: has each sale, transfer or assignment of this mortgage, monetary instrument, deed of trust or any other instrument we executed to secure this debt, been recorded in the county property records in the county and state in which our property is located from the inception of this account to the present date?
    • If not, why?
    • A “yes or no” question: is your company, the servicers of this mortgage account, the holder in due course and beneficial owner of this mortgage, monetary instrument, and/or deed of trust?
    • A “yes or no” question: have any sales, transfers, or assignments of this mortgage, monetary instrument, deed of trust, or any other instrument we executed to secure this debt been recorded in any electronic fashion such as MERS or other internal or external recording system from the inception of this account to the present date?
    • If yes, please detail for me the names of each seller, purchaser, assignor, assignee, or any holder in due course to any right or obligation of the note, mortgage, deed or security instrument that was executed, securing the obligation on this account that was not recorded in the county records where our property is located, whether they be mortgage servicing rights or the beneficial interest in the principal and interest payments.
    ATTORNEY FEES. For purposes of our questions below dealing with attorney fees, please consider the terms “attorney fees” and “legal fees” synonymously.
    • A “yes or no” question: have attorney fees ever been assessed to this account from the inception of this account to the present date?
    • If yes, please detail each separate assessment, charge and collection of attorney fees to this account from the inception of this account to the present date, and the date of such assessment to this account.
    • A “yes or no” question: have attorney fees ever been charged to this account from the inception of this account to the present date?
    • If yes, please detail each separate charge of attorney fees to this account from the inception of this account to the present date and the date of such charge to this account.
    • A “yes or no” question: have attorney fees ever been collected from this account from the inception of this account to the present date?
    • If yes, please detail each separate collection of attorney fees from this account from the inception of this account to the present date and the date of such collection from this account.
    • Please provide the name and address of each attorney or law firm that has been paid any fees or expenses related to this account from the inception of this account to the present date.
    • Please identify the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement we signed, authorizing the assessment, charge or collection of attorney fees.
    • Please detail each separate attorney fee assessed to this account and for which corresponding payment period or month such fee was assessed from the inception of this account to present date.
    • Please detail each separate attorney fee collected from this account and for which corresponding payment period or month such fee was collected from the inception of this account to present date.
    • Please detail any adjustments in attorney fees assessed and on what date such adjustment was made and the reasons for such adjustment.
    • Please detail any adjustments in attorney fees collected and on what date such adjustment were made and the reasons for such adjustment.
    • A “yes or no” question: has interest been charged on any attorney fee assessed or charged to this account?
    • A “yes or no” question: is interest allowed to be assessed or charged on attorney fees charged or assessed to this account?
    • How much in total attorney fees have been assessed to this account from the inception of this account until present date?
    • How much in total attorney fees have been collected on this account from the inception of this account until present date?
    • How much in total attorney fees have been charged to this account from the inception of this account until present date?
    • Please provide copies of all invoices and detailed billing statements from any law firm or attorney that has billed such fees that been assessed or collected from this account.

    SUSPENSE/UNAPPLIED ACCOUNTS. For purposes of this section, please treat the term

  23. FORECLOSURE PROCEEDINGS IN MARYLAND (Revised June 2008)

    Receiving notice that your house is about to be foreclosed upon is one of the most traumatic things you can go through. However, when you sign your mortgage or deed of trust at the real estate closing and it is recorded in your County’s Land Records office, you give your lender the right to foreclose on the property if you default on the loan or fail to repay the loan according to the terms of the loan. A new foreclosure law went into effect in Maryland on April 4, 2008 and any foreclosure action filed after that date must comply with the new law. The foreclosure process and your rights in that process under the new law are outlined below.

    WHAT WILL HAPPEN IF MY PROPERTY IS GOING INTO FORECLOSURE?
    Before the foreclosure is filed
    Before a foreclosure action is filed, you as the borrower and property owner should have received notice from the lender that there is a problem with your loan account and from the lender’s attorney that there is a default under the terms of the loan. Many mortgages require the lender to give notice of the default and of your right to remedy the default before filing foreclosure. Do not ignore or delay in responding to any written communication from your mortgage lender. The sooner you contact your lender, the greater the chance you can work out a solution to your situation.

    In Maryland, before the lender can file a foreclosure case against your property, the lender must:

    Wait 90 days from the date that your loan is in default; and
    Send you a Notice of Intent to Foreclose 45 days before the foreclosure case is filed.
    The Notice of Intent to Foreclose will provide you with important information about why your loan is in default, the amount you owe to bring your loan current, the last payment received, contact information for the lender or secured party, for the mortgage servicer that collects your mortgage payments and for the department that can help you work out your default (the loss mitigation department).
    Filing the foreclosure case
    To begin a foreclosure case, the lender must file the foreclosure with the Circuit Court in the county in which the property is located. The lender must file the following documents with the court:

    Statement of debt, under oath, which itemizes the entire amount the lender claims is due under the loan. This will usually include principal, interest, late charges, attorneys’ fees and all other charges that the borrower is responsible for under the mortgage;
    Certification that the property owner is not a member of the military service. Under a federal law, commonly known as the Soldiers’ and Sailors’ Civil Relief Act, members of the military service have specific rights when lawsuits are brought against them (including foreclosure proceedings) since they may not be in the U.S. due to a military assignment and unable to adequately defend their interests;
    If you are a member of the military service and find a property owned by you is the subject of a foreclosure action, you should ask an attorney what additional rights you may have as a result of this federal statute.
    Statement, under oath, that indicates the date of default, the nature of the default and the date the Notice of Intent to Foreclose was sent;
    A copy of the Notice of Intent to Foreclose;
    Original or certified copy of the mortgage or deed of trust;
    Copy of the debt instrument and an affidavit of ownership;
    Original or certified copy of the assignment of the mortgage if applicable;
    The mortgage lender and originator’s license number if applicable; and
    A uniform Notice regarding the filing of the foreclosure action
    Serving the Property Owner
    The lender must personally serve you with all the papers filed when the case was docketed with the court. If the lender is unable to serve you after two good faith attempts on two separate days, the lender may file an affidavit with the court describing the attempts made to serve you and the lender may then serve you by sending you a copy of the court papers, by both certified and first class mail AND by posting the court papers on the property.
    Before a Foreclosure Sale can be held
    Before a foreclosure sale can be held, the lender must:

    Wait 45 days from the time the defendant was served.
    Publish a Notice of Sale for 3 successive weeks in a newspaper of general circulation in the county where the action is pending. The first advertisement should be published not less than 15 days prior to the date of sale and the last advertisement should be published not more than 7 days prior to the date of sale.
    Send a notice of the date of sale to the homeowner by certified and first class mail of the time, place, and terms of the pending foreclosure sale. This notice must be sent no later than 10 days prior to the scheduled sale date. Failure to receive the notice or to sign for it will not stop the foreclosure.
    Accept from the homeowner payment of the funds due to cure the default up to one business day before the sale. Payment of this amount which includes missed payments, late fees and costs will stop the foreclosure sale if it is made one business day before the sale.
    Note: The secured party or the agent must provide, upon request, the amount necessary to cure the default and reinstate the loan and instructions for delivering the payment
    IS IT TOO LATE TO PREVENT THE SALE OF MY PROPERTY?
    When you are facing foreclosure, it does not mean that all hope of saving your property is lost. If you have not spoken with your lender, contact your lender immediately and ask for the loss mitigation department of your lender to determine if your default can be cured under a plan.

    Before the sale occurs, you have the right to go before the court to prove that you did not default on your loan and stop the sale. You may also go before the court to ask that the sale be stopped if you can prove that the lender committed fraud in obtaining the mortgage or they have violated certain laws when your mortgage was made. You may also have rights and defenses if the lender fails to follow the requirements of the foreclosure law. You should consult an attorney for advice and assistance if you believe you have a defense to the foreclosure.

    If your lender is unwilling to work with you, filing a Chapter 7 or 13 petition in bankruptcy may be beneficial.

    A bankruptcy filing before the sale will stay or stop the sale. Filing bankruptcy after the hammer comes down at the auction will lose the house unless the sale was improperly conducted and you timely object to ratification. Generally, a Chapter 7 filing will provide you with a three-month opportunity to cure your default and, if you can afford your mortgage and a plan payment, a Chapter 13 filing will give you up to five years to bring your mortgage current and pay other debts once the plan is confirmed. Filing a bankruptcy petition is complex; credit counseling is required and most attorneys need three or four days to do so.

    If someone approaches you to help stop your foreclosure, have any documents given to you reviewed carefully before you sign them or before you give any money to anyone. If you need help, contact the State’s HOPE hotline at 877-462-7555 to get help from its foreclosure prevention assistance network and nonprofit housing counselors throughout the state.
    SALE OF THE PROPERTY
    If a sale does take place, the property will be sold through a public auction open to anyone who desires to make a bid. Public auctions are usually held on the property or at the courthouse in the county where the property is located. The trustee must make a report regarding the sale to the court including an accounting of the sale. After the sale has taken place, but before the court has ratified the sale, you may file objections if the sale was improperly conducted. Only after the court ratifies the sale can the new owner petition the court to have you evicted from the property if you are still living there.
    The Public Awareness Committee of the Maryland State Bar Association has prepared this information. It is intended to inform the public and not serve as legal advice.

    ©1986 MSBA, Inc. Revised 2000, 2003, 2007, 2008

  24. Iam needing to speack with Mr. Steven Cunningham, at hi earliest convienence please if you could please have him call me @ 706 332 6924 or 706 569 4346 Thank you so much have a great night .

  25. Therefore, the Court will examine the conduct of plaintiff HSBC and plaintiff’s counsel, in a hearing, pursuant to 22 NYCRR § 130-1.1, to determine if plaintiff HSBC, [*19]by its President and CEO, Irene M. Dorner, and plaintiff’s counsel Frank M. Cassara, Esq. and his firm Shapiro, DiCaro & Barak, LLC, engaged in frivolous conduct, and to allow plaintiff HSBC, by its President and CEO, Irene M. Dorner, and plaintiff’s counsel Frank M. Cassara, Esq. and his firm Shapiro, DiCaro & Barak, LLC a reasonable opportunity to be heard.

  26. I have to send a letter certified to HSBC Bank US,.N.A., 2929 WaldenAvenue Depew, NY 14043 does anyone have a specific CEO’s name– Attention: to whom? I spoke with HSBC on the phone. A woman named mayra answered “HSBC Bank”, I said what did you say and she repeated the sam. And what was it before? she said it was HSBC Mortgage Corp. I said when did that happen? She said you are the first to ask. Then she tells me my options. And then says You are selling your house….I have been corresponding with Donna, so I responded, Why would you ask that? Then she says they haven’t heard from me since Janurary, that’s when HSBC already knew they
    in Dec 2010 that they were in suspension by the 3, Fed Reserve, Comptroller and Mers, before the news was to become PUBLIC Information. January 21 2011 they tried to operate a false trustee sale on my home and I went to the Fed Bankruptcy Court and filled out the beg docs and filed, leaving the courthouse at 12:09 and went to Rockville, Maryland courthouse and at 2:30 served the Auctioneer the surprize emergency petition to STOP. He had it all figured out with HSBC. There was another man standing just standing down on a corner close to the District Court house, I noticed he was peculiar, acted like I was there for the same as anyone else might be, said Hello to the guy to see what he was about, and he said something stupid like he was there for cosmetic surgery. Walked on back down to the Circut Court steps where the sales go on, at 2:30 served the Emergency Petition and the guys fell out in shock! The guy doing the sales said ” I won’t take that” I SAID, YOU Can’ T NOt take it. Another male was there, looked at the receipt on the Petitition, and said she’s right, you can’t do nothing! However, I was already told NOT to leave the site. So i stayed chatted with that male person, and looked up and asked where did everyone go? He said they left, there was 3 houses, one noone wanted, another and mine. HOw about that! However, Berman, Geesing, & Ward are the attorney’s for HSBC in Bethesa MD and they USED robo signers to push my foreclosure through before they became public On March 1 2011.

    Also, Jacob Geesing has been NOTED on websites for his actions and he has problems of his own, he and his team have been really using Mers to get foreclosures through the fence. I noticed on Craigslist they have been advertising for employment, they must need to hire employees to clean up their corruption practices, sweep them under the carpet.

    Going back to my conversation with Myra HSBC, I informed her that I knew HSBC was n fact in suspension and cease and desist, and that I would be forewarding a letter, CERTIFIED. I said I may owe someone, but that it most likely was not HSBC.

    Anyone got any recommendations? By the way a significant support person Donna will be moving out of the country early next week. I want to thank her. She talks, calls, encourages, and I am so blessed to have plugged into this site and found a gem who would reach out, and she does! If anyone on the site has a question, or is perplexed, in crisis, feeling intimidated by HSBC, she shares her own testitmony as she filed for her QUIET TITLE, all in her name, and nothing HSBC can do anymore to her, she suffered her years of their BS. May she leave on a happier note, more victorious and enjoy her husband and her family….time with them, no more time for HSBC.

  27. Lisamarie, I have something you may find interesting on how HSBC worked with its originators. HSBC is claiming ownership of our note when in fact they purchased it thru an originator who filed bankruptcy in 2007. They did NOT give us any funding directly. Their claim is with the originator who sold them the notes in a pool…NOT with us. They are NOT out anything directly from us and therefore have not claim against us. Although that hasn’t stopped them from trying. We also have nothing with their name on it, anywhere. They are trying to hid behind a law in this non-judicial state that says all they have to have is an “original” document in their possession to file a foreclosure and claim that “they” certify that it is “true and correct.” However, they neglected another law that states “homeowners must be notified in writing of any transfer, assignment or endorsement.” They didn’t so that part as well as filing anything in county records.

    I don’t know what state you are in, but I’d dig deeper into how assignments, etc are handled in your state statutes.

    My email is donna@us-steenkamp.com. Send me an email and I will forward on some great info you may be able to use as well. Or call me and we can talk.

    Donna
    (303) 918-0875

  28. Donna, same deal they gave me. Plus I’m not to discuss the deal with any third person parties! oops!!!!!!

  29. I’d like to think he thinks he’s looking out for my best interest. But I dont know. Why would he want to hurt me? He scared me, he said “if you don’t do this your going to lose your house!” Well today I can say I believe I made the right decision in declining their offer due to the fact they have refused to stand good for the missing note. Flat refused! From the beginning this loan was shaddy. I looked up the notary on the internet way back when this first started in 2007, just to talk to her. and shes white. the lady who came out to my house was black. HSBC had the wrong account info, wrong payment info, wrong property description, no original paperwork, no note. you name it.

  30. Read their deal carefully. The one they gave us would have made us sign away all our rights to sue them and gave us 72 hours to comply when we received it late on a Friday afternoon. No time to consult anyone. We didn’t sign it.

    I strongly suggest you get another attorney or do it yourself. I did and I have them over a barrel with what I’ve learned. Your attorney is not looking out for your best interests.

  31. Today I receive a letter from my attorney, he is perturbed. He tells me he does not understand why I did not sign the banks new modified mortgage agreement. All I was asking for was an indemnification and requested a lost note bond and then I would comply. The bank has refused and the offer is as they said, “off the table”. I don’t think I was being unreasonable.

  32. I know, …. forgot to tell experian that Mers id says hsbc is mortgage holder, Steven Baum’s Office is sueing us in the name of hsbc for ace 2005 he5, so please experian, dispute this alert that says wells fargo is doing bank liquidation and deed in lieu. How can they be?

  33. Who runs experian credit report at freecreditreport.com? I got an alert that Wells Fargo Home Mortgage was doing a bank liquidation/deed in lieu, and I thought, Wells Fargo owns my mortgage??
    We had called ASC, our Servicer, and I knew that somehow Wells Fargo had sent us a modificaton which was not exactly the HAMP we had applied for, but at the court settlement we were told by the Judge to sign it, even though it was $50,000. more than our original refi in 2005, and we had not been in default and sent HAMP payments till they told us to stop.
    We also knew Wells Fargo then informed us our notarized modification was not for enough money and they sent us back our deposit and another modificaton, which was never notarized.
    But it was HSBC for Ace 2005 HE-5 that had told Steven Baum to start a lis pendens action against us, during this modification process with ASC, and ASC said many times Wells Fargo does not have our mortgage, so there must be a mistake, I told Experian, please dispute it.
    We then got disconnected, and today I went to check Alerts so I could call Wells Fargo myself, and guess what…we have No Alerts!!!

  34. what I don’t understand is who controls Mersservicer Id?? How can it say our investor in 2005 for our refi was HSBC, if the only thing our loan had to do with HSBC is the robo signed mortgage assignment in 2010 by Wells Fargo employee John Kennerty, as VicePresident of Mers from Fremont to HSBC as Trustee for Ace 2005 HE-5, a month after Attorney Steven Baum’s Office filed a Lis Pendens motion on their behalf while we were in active modification with Wells Fargo Bank NA?
    At the time of our predatory refi, in 2005, with $11,100.00 going back to Lender as prepaid finance charge, we were told our Lender was Fremont Investment, yet 6 months later the loan is deposited for the full amount of the refi, by DBT, into an American Servicing Company serviced mortgage, clearly with Wells Fargo, who deducts servicing charges of $220/mos for distributing payments, sometimes twice a month to different entities. So, if we are in Ace 2005 HE-5, tell us Deutsche Bank for DB structured was silent lender, if our loan is with Wells Fargo Master Asset, tell us Wells Fargo, but what entity has the power, and need to fraudulently tell Mers Servicer ID our investor in 2005, 3 days before funding, was HSBC, New York, NY. Why would the Investor or true owner of the mortgage and note not want us to know who they are?

  35. I’ve definatley decided I’ll take my chances in court! I know its the only right thing to do and the knot in my stomach is gone. I said I would do a modification when I saw proof they were my lender. I didn’t lie. They thought I would go ahead without it. Wrong. This site also gives me a clearer insite. Thank you all.

  36. Lisamarie – they did the very same to us! Don’t do it! You obviously have them over a barrel like we did. They will play the “we tried to work with her and she refused” thing. They are also playing “we are consolidating HSBC Mortgage in the HSBC Bank and need you to sign these papers.” “It won’t affect you at all.” Ha! Hang tough with them. You will at least have a chance in court – you have no chance if you sign anything with them.

  37. I’m refusing their mod offer. They want me to sign away all rights to present and future claims against them,drop all my affirmative defense and sign a new note. Why would I do that? Why would I give them what they don’t have? I’ll take my chances in court.

  38. To Donna
    Hang tough Donna. We need people with resolve…… like yourself. Don’t give them an inch.

  39. OK, after years of fighting with HSBC, I’m offered another settelment. They are wanting to start trial payments for modification beginning July 1st. After three months of making timely payments I’m told the trial mod will be permanent. I have always maintained that HSBC is not my lender and so far my note, deed and all original docs have ‘disappeared’ and remain ‘lost’, although HSBC never filed a ‘lost note’ affidavit, they claim the note’. If I did sign this loan agreement is that not a way of getting me to say , they ARE my lender? I never agreed with that.

  40. OK This is one for the books. HSBC is under 2 Cease & Desist orders as well as MERS (who is the beneficiary on our loan). However, they just made us a settlement offer of postponing (which it already is) our foreclosure for two months IF we withdraw our lawsuit entirely with prejudice. (????????)

    yea right.

  41. I have been fighting HSBC now for a few years and currently have a Federal lawsuit against them for 11 counts of fraud, misrepresentation, breach of contract, etc. I have been in the trenches with this thing for over 2 years now and am representing myself Pro Se because, as you know, finding an attorney who “gets it” and who knows more than I do has been impossible.

    I found the help I needed, no matter which state you are in. I figure, nobody has more of a stake in keeping your home than you do. And you have been involved in Livinglies with Neil Garfield who has done an amazing job at educating us all with up to the minute info. I knew the case law, have read all that is happening but I was getting messed up in the procedural stuff. I always had tons of questions but could not find anyone to answer them. I found the help I needed and very inexpensively (as this thing has about broke us).
    I get all my questions answered (unlimited), they review docs for me and much more. It has been completely invaluable to me and my crusade against HSBC. And it paid for itself with the very first call I made with my questions. It’s working so well for me that I have become an Associate with the company! They work with top local law firms in each state so you tap into great legal knowledge. And I pay only $26 per month for all the services here in CO!

    It has been a godsend to me and I wanted to share it with you all. I’ve heard everyone asking for this type of help, the same as I was. This has worked incredible for me, I’m my own testimonial! They are a NYSE company and have been around for 40 years.
    Call me (303) 918-0875 or email me at donna@us-steenkamp.com and I can answer any questions. You have nothing to lose and EVERYTHING to gain (your home!) or visit: https://www.prepaidlegal.com/MS/Multisite?site=hub&assoc=dsteenkamp66

  42. I live in Texas and my mother just passed away. Her homestead is my homestead as we cared for my parents as they grew old and needed the attention. I never really dug into her finances or our house details as my mother did not want to admit she made a mistake or that she was tricked. My wife and I are sorting a birdsnest of Beneficial / HSBC / Wells Fargo financial documents. Predatory lending, Fraud and Grand Larceny are a few terms resonating in my home. Can anyone explain the operation or process of executing or filling a Equity security instrument, a HOMESTEAD & NON DESIGNATION and a AFFIDAVIT on the same day and then a few days later Beneficial files a RELEASE? Just from the outside it appears there is no encumbrance on the property? Just figure someone will recognize the pattern or M. O.

    GTR

    3/23/2004

    2004013868

    OFFICIAL PUBLIC RECORDS

    EQUITY SECURITY INSTRUMENT

    BENEFICIAL TEX INC

    GTR

    3/23/2004

    2004013869

    OFFICIAL PUBLIC RECORDS

    HOMESTEAD & NON DESIGNATION

    PUBLIC

    GTR

    3/23/2004

    2004013870

    OFFICIAL PUBLIC RECORDS

    AFFIDAVIT

    PUBLIC

    GTR

    5/7/2004

    2004021729

    OFFICIAL PUBLIC RECORDS

    RELEASE

    BENEFICIAL TEX INC

    GTR

    5/4/2005

    2005022103

    OFFICIAL PUBLIC RECORDS

    EQUITY SECURITY INSTRUMENT

    BENEFICIAL TEX INC

    GTR

    5/4/2005

    2005022104

    OFFICIAL PUBLIC RECORDS

    HOMESTEAD & NON DES

    PUBLIC

    GTR

    5/4/2005

    2005022105

    OFFICIAL PUBLIC RECORDS

    AFFIDAVIT

    PUBLIC

    GTE

    6/1/2005

    2005027400

    OFFICIAL PUBLIC RECORDS

    RELEASE

    BENEFICIAL TEX INC

    GTR

    5/31/2006

    2006027315

    OFFICIAL PUBLIC RECORDS

    EQUITY SECURITY INSTRUMENT

    BENEFICIAL TEX INC

    GTR

    5/31/2006

    2006027316

    OFFICIAL PUBLIC RECORDS

    HOMESTEAD & NON DES

    PUBLIC

    GTR

    5/31/2006

    2006027317

    OFFICIAL PUBLIC RECORDS

    AFFIDAVIT

    PUBLIC

    GTE

    6/20/2006

    2006031326

    OFFICIAL PUBLIC RECORDS

    RELEASE

    BENEFICIAL TEX INC

  43. Finally someone is giving HSBC their come-uppance. Bloody crooks.

  44. I love blogs, however if you have to leave your computer (like for work or anything!) keeping up is not all that easy. So I started a list of people who have contacted me regarding HSBC. If you would like to “keep in touch,” let me know and I will put you on our the list. If you know of anyone you’ve talked to that would also benefit from sharing information, have them contact me to be added.

    We have learned some interesting things about how HSBC and SouthStar Funding conducted business – and it comes straight from the horse’s mouth!

    Donna
    donna@us-steenkamp.com

  45. thanks donna, i am sending you an email now.

  46. Dan-o. A good decision to refer to is in New York, Sullivan County, Supreme Court Judge Mark M. Meddaugh, Steven J. Baum, PC, regarding the “standing” HSBC. I ca send it to you when I get your email address.

  47. Oh, sorry I got so caught up in my response…

    Donna
    (303) 918-0875 donna@us-steenkamp.com

  48. Hi Dan-o. I’d be happy to oblige but don’t have your email address. I’d also love to talk to you about all of this. I understand you and “spanky” have been talking as well. So have we. Let’s all compare notes.

    One other thing…
    I think we are all getting so caught up on all this “junk” that we are missing one very vital point. That being that the definition of basic contract law is as follows…

    7.-3d. There must be a thing to be done, which is not forbidden; or a thing to be omitted, the performance of which is not enjoined by law. A fraudulent or immoral contract, or one contrary to public policy is void Chit. Contr. 215, 217, 222: and it is also void if contrary to a statute. Id. 228 to 250; 1 Binn. 118; 4 Dall. 298 4 Yeates, 24, 84; 6 Binn. 321; 4 Serg & Rawle, 159; 4 Dall. 269; 1 Binn. 110 2 Browne’s R. 48. As to contracts which are void for want of a compliance with the statutes of frauds, see Frauds, Statute of.

    The real question is if these documents constitute a legally binding contract. I don’t think so!

  49. hey donna, could you send me the email of the person whom you spoke to that used to run southstar? if lynn b leonard was only the post closing supervisor why was she signing off on allonges to note? she allegedly signed one that im involved with, and i doubt she held the position stated on the allonge.on saturday i actually tracked her down at a fly by night mortgage company in atlanta and will be calling her personally monday morning. im sure i am going to be hung up on, but at least my lawyer knows where to find her now when this goes to court.

  50. No problem. You might find that HSBC doesn’t seem to have a very high regard for the courts. They have been non-responsive to anything sent to them including our complaint! I am filing a motion for Default judgement in the next day or so. They claim they were never served and they were – by the US Marshal’s service.

  51. Hi Donna ,
    Thanks for the info. We will keep fighting to the end and and push these culprits where they belong… in “HADES”.

  52. Hi Rabi, I’m in court with HSBC as well. they’ve hired attorneys in a “limited” capacity – I guess they think this is no big deal and will get dismissed quickly. I’ve no intention of going away! As far as I know they are still under a “cease & desist” order from the Feds. But that is all I know also.

  53. HSBC does seem to be flying under the radar lately, since the consent decree. Any one with any updates? Don’t trust them when they are so quiet.

  54. Will do thanks again! Two more questions…both my and my husband’s name appear on the Deed of Trust, but only my husband’s name and signature appear on the Note. How does that affect they foreclosing if they only have a contract with only one of us??

    Also, the Allonge to the Note was signed by a person who was NOT an officer in the lending company. She was manager of the post-closing department, which was responsible for shipping all loan documents to the end investor., yet it was stamped as Assistant VP and NOT notarized. Is this document legal and binding?????

  55. Anyone looking for info on Lynn b. Leonard?? I just learned in an email from the ex-president of the defunct Southstar Funding that…

    “Lynn Leonard was a manager of our post-closing department, which was responsible for shipping all loan documents to the end investor. Unfortunately, none of our employees, including me, have had access to any loan records since our company filed bankruptcy in April 2007. To my knowledge, HSBC only serviced loans which were sold directly to them through their subsidiary, Household Finance. When loans are sold, they are assigned to the new buyer and that assignment is typically recorded in the county in which the property was sold. “

  56. Thanks so much for your info, usedfarguy. Also, I just came across a complete history of all of HSBC’s dealings! It is very informative as to who, what, where and when things happened with them. http://www.innercitypress.org/hsbc.html

  57. Donna, the “affidavit in support” that says “who” owns the note, what YOU owe, and when default occured is what I think you mean. Motion to strike….. hearsay..where’s the records?
    Find the testimony of Herman John Kennerty re:Mims (I think), a Wells VP of Documentation, that describes the procedure, including transfer of files, etc. He’s been deposed twice. On SCRIBD.

    This is not legal advice, as I am not a lawyer. do not construe as legal advice, and get the help of a qualified practitioner licensed in your state to practice law.

    I’m not an attorney and this is not legal advice.

  58. can anyone tell me what the name of the document is that comes from whomever is initiating the foreclosure to the attorney handling it? Is that the Affidavit everyone keeps talking about?

  59. To All regarding HSBC & Fremont;

    I have a very important WIN to report!!!!!!! ( Illinois Circuit Court Case # 08-CH-4548 and Illinois Appellate Court Case # 2-10-0742 )

    In the fall of 2010, even though HSBC repeatedly refused to produce the Original Note, even though HSBC’s Attorney filed an alleged affidavit as a MERS Certified Officer representing Fremont (HSBC’s law firm representing the assignor and the assignee) and this alleged Assignment was recorded 1 month AFTER the foreclosure was initiated, even though we provided proof to the court that Fremont substantially and materially altered our URLA when we applied for the loan in July/August of 2006 (solid case of Lender Fraud), even though the Affidavit of Prove up was possibly Robo-signed, the Judge granted a Summary Judgment in favor of HSBC:

    The Appellate Court just reversed that decision after only looking at the Note and the Mortgage and sent it back down to the Circuit Court for further proceedings!!!!!!

    While I am not happy that the court didn’t go further than it did, It is a victory and everyone should read the decision of the court and the reasoning behind it’s decision. It will help anyone thinking they can fight in any circuit court in Illinois.

    (The Plaintiff is HSBC N.A., as Trustee for the Fremont Home Loan Trust 2006-D)

    May my suffering help everyone that is battling HSBC.

  60. if deutsche bank is silent lender in refinance with fremont, and 5 years later, a foreclosure complaint from Baum’s office says plaintiff is hsbc as trustee for ace- 2005, and fraudulent mortgage assignment takes place after foreclosure is started, is signed by john kennery as vp of mers and assigns your mortgage from fremont to hsbc through Mers., meanwhile, Deutschebank shows up as defendant in a July 2010 case with Cambridge Investments as the Trustee for Ace. Then a modification is offered from Wells Fargo??? I need help and a good securitization. tell me where to go please!!!!.

  61. I received an affidavit from a collection agency claiming that HSBC sold my credit card account to them. The person who signed the affidavit was Ashley Oku.
    How can I find out if this is a valid assignment of account, from HSBC? Or the collection agency trying to deceive me?

  62. everyone SEE:

    UNITED STATES DISTRICT COURT
    WESTERN DISTRICT OF KENTUCKY
    LOUISVILLE DIVISION
    CASE NO._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

    CLASS ACTION COMPLAINT
    ELIZABETH FOSTER;
    JOHN R. FOSTER;
    REPRESENTATIVE
    CLASS PLAINTIFFS;
    CONNIE WELLS;
    ROYCE WELLS;
    on behalf of themselves
    and others so situated
    AUGUSTA MASON;
    as putative class members
    BRIAN MASON;
    SHERILL A. MOODY;
    MARK MOODY,a n d ;
    CHARLOTTE A. WOODWARD
    v.
    MORTGAGE ELECTRONIC REGISTRATION
    SYSTEMS, INC. AND,
    MERSCORP,

    and
    HSBC Bank USA v. Perboo

  63. joni, everything is done at the direction of Wells. The trustee HSBC is Depeuw, NY. Fort Mill is Wells Fargo, as is Eagan MN, Frederick MD, ETC.

  64. 1.Is Ace 2005 HE-5 no longer a performing remic trust ? and if so, why would a mortgage be assigned to a non performing Trust?
    2. An Affidavit lists HSBC Bank USA National Assoc. as Trustee for Home Equity Loan Trust series Ace 2005 HE-5, 3476 Stateview Blvd, Ft Mill, SC 29715, and on a much quoted case re Fatal defect: with Judge Lubell, Wells Fargo Bank, NA v defendant Paneth, the address for Wells Fargo Bank, NA is also 3476 Stateview Blvd, Ft Mill SC 29715 .
    How is HSBC afiliated with Wells Fargo Bank, NA? or do they just share the same office when it comes to foreclosure complaints and affidavits from Steven Baums Office? Any ideas?.

  65. Joni, same time frame. Closed June 10, 2005.

  66. joni, care to share? I have a Wells assignment to HSBC 5 years after closing, 14 months after foreclosure filing. sending me your e-mail address with a scanned copy will allow me to send you mine. Kennerty as Wells VP. Did you mean DTC as Deutsche Bank? I have funding check from Deutsche. Lets compare notes.
    contact me at usedkarguy@yahoo.com.
    Include a phone number so we can talk tonight.

  67. having the same issues with HSBC. I have a fraudulent assignment dating from after foreclosure action was started, signed by kennerty, etc, and HSBC has the address of Depew, NY, on the Assignment; and on the complaint, HSBC Bank USA, nat’l Assoc, as Trustee for Home Equity Loan Trust Series, Ace 2005 He-5, with Wells Fargo’s address, 3476 Stateview Blvd, Ft Mill, SC 29175, for HSBC. I am just assuming HSBC is now somehow a division of Wells Fargo, like everything else!!. I had predatory mortgage with fremont May 2005, and I know October 3,2005,Wells Fargo paid in full for my loan from DTB. ASC is my servicior. although they will not admit it, would you say Wells Fargo is my mortgagor and my Servicer ? Who really is HSBC, and am I in Ace 2005 HE-5? I think it is fraud also, because in a securitizartion, although not the best, I am not.

  68. SANDORO v. HSBC BANK

    DAVID J. SANDORO, Appellant,v.HSBC BANK, USA NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY ASSET BACKED CERTIFICATES, SERIES 2005-4, Appellee.

    Case No. 2D10-195.

    District Court of Appeal of Florida, Second District.

    Opinion filed March 9, 2011.

    John P. Fleck, Jr., Bradenton, for Appellant.
    Joshua D. Moore of Carlton Fields, P.A., Orlando, and Michael K. Winston and Dean A. Morande of Carlton Fields, P.A., West Palm Beach, for Appellee.

    ——————————————————————————–

    KHOUZAM, Judge.
    David J. Sandoro appeals a final judgment of foreclosure entered after the trial court granted the motion for summary judgment filed by HSBC Bank, USA National Association, as Trustee for Wells Fargo Home Equity Asset Backed Certificates, Series 2005-4 (HSBC Bank). Because the record contains genuine issues of material fact, we reverse and remand for further proceedings.
    On April 10, 2007, Wells Fargo Bank, N.A. (Wells Fargo), filed an unverified complaint against Mr. Sandoro seeking to foreclose a mortgage on real property. Mr. Sandoro did not answer the complaint. Instead, he filed a motion to dismiss based on Wells Fargo’s failure to attach a notice of acceleration1 and the promissory note to the complaint. While Mr. Sandoro’s motion to dismiss was pending, Wells Fargo filed a motion for summary judgment. Mr. Sandoro filed an affidavit in opposition to Wells Fargo’s motion, contending, among other things, that Wells Fargo failed to satisfy the condition precedent of providing a notice of acceleration. Mr. Sandoro also noted that his motion to dismiss had not yet been resolved. The trial court denied Wells Fargo’s motion for summary judgment. Wells Fargo then filed a written response to Mr. Sandoro’s motion to dismiss, claiming that a notice of acceleration had been sent on November 17, 2006.2 Wells Fargo did not provide any proof of mailing, however, and the copy of the notice of acceleration attached to Wells Fargo’s response was dated February 5, 2007.
    Wells Fargo subsequently filed a motion to substitute HSBC Bank as the plaintiff. After the motion was granted, Mr. Sandoro filed an affidavit challenging HSBC Bank’s standing to foreclose the mortgage. In response, HSBC Bank filed a copy of the purported assignment of mortgage. The assignment reflected that the mortgage was transferred to HSBC Bank “on or before” April 3, 2007; however, the assignment was executed on October 9, 2008, and notarized on October 10, 2008. HSBC Bank then filed a motion for summary judgment, which was granted after a hearing.
    We review the summary judgment de novo. Estate of Githens ex rel. Seaman v. Bon Secours-Maria Manor Nursing Care Ctr., Inc., 928 So.2d 1272, 1274 (Fla. 2d DCA 2006). “A movant is entitled to summary judgment `if the pleadings, depositions, answers to interrogatories, admissions, affidavits, and other materials as would be admissible in evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.'” Id. (quoting Fla. R. Civ. P. 1.510(c)). When a plaintiff moves for summary judgment before the defendant answers the complaint, the plaintiff “must not only establish that no genuine issue of material fact is present in the record as it stands, but also that the defendant could not raise any genuine issues of material fact if the defendant were permitted to answer the complaint.” BAC Funding Consortium Inc. ISAOA/ATIMA v. Jean-Jacques, 28 So.3d 936, 938 (Fla. 2d DCA 2010).
    Here, the record reflected genuine issues of material fact regarding the purported assignment of mortgage and whether Mr. Sandoro had been provided with a notice of acceleration. Therefore, the trial court erred in granting HSBC Bank’s motion for summary judgment and we reverse and remand for further proceedings.
    Reversed and remanded for further proceedings.
    WHATLEY and KELLY, JJ., Concur.
    NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.

  69. They will try to slip foreclosures through! it is up to you to dispute it and bring to the local courts attention that they do have a cease and desist order, They are counting on the fact that the courts do not know this.

  70. Well despite their total disregard for the courts or the Fed authorities who are investigating them, HSBC is proceeding with auctioning off our property, as of right now, on Wednesday, March 9th.

  71. I have been wronged by HSBC and have been pushing back on them for 2 years. We purchased our home with original loan from Mortgage Cap Assoc. June 2004. Both my husband and I signed the loan papers, and the Deed (joint tenants, right of survivorship). Then loan was assigned to HSBC immediately (July). The assignment of deed of trust was never recorded legally.
    April 2007 my husband passed away. It was 2 years later when I approached HSBC asking for a modification – $3700 payment was too much to handle without his income. This is when I discovered that HSBC had created a fraudulent set of documents that didn’t match my certified copy from the closing. For some reason they removed my name from the signture line on the note and addendum, and copied and pasted my husband’s signature from another place in the doc kit. They said they could only help me if I deposited $100k in their bank and became a premier customer. Then later stated that they wouldn’t be able to modify due to hardship because I “had money in the bank.”
    In August 2010 after working with a 3rd party loan mod specialist, HSBC approved a modification, cutting my payment by 40%. Only 2 weeks later, they reneged on the approval of the modification, stating I was not on the loan, only my deceased husband was. Again, referring to their fradulent set of documents, which didn’t have a “true and certified copy” on the 1st page, nor my signature.
    I stopped making my payments at this point, figuring why continue, if it would only hurt my dead husband’s credit if they foreclosured … I had given up.
    Then a month later we discovered 1 additional piece of information on the fraud documents, HSBC failed to type in a clause on page 2 of their version of my closing documents that was included on my certified copy. That’s when I decided to fight! They moved forward with foreclosure proceedings as they continued to uphold their belief that their fraudulent note and addendum were true vs. my stamped certified copy.
    When they asked me to produce a copy of the deed on file at the county recorder is when i discovered that the assignment of the deed from Mortgage Cap Associates to HSBC was never done (between June to July 2004). This is when I realized that HSBC didn’t even hold the note when they began foreclosure proceedings in December, 2010.
    Additionally, several of the documents from HSBC appear to be robo-signed, as indicated by signatures, xc025, xc023, etc. rather than an individual’s name and signature.
    Several wrongs were committed by HSBC including harrassment over a 2 year period of time. After they filed the Dec. 23 foreclosure papers and notice of Trustee’s Sale, they continued to ask me to produce documents that they said would satisfy their need for proof that I was indeed a co-borrower and able to modify the loan. After I followed each step, they said, “thanks, but now you need to do ‘this'” and one request led to yet one more ridiculous request.
    -send in my copy of the note and addendum (I did and they denied that mine was a true copy, suggesting that I forged my copy and added my signature after the fact)
    – send in a copy of the deed from the recorder’s office (I did and then they said that didn’t prove anything, because my information was not on the loan application
    – my information, signatures, and initials are all over the loan application
    These are all clearly stall tactics, in their hopes that the Trustee’s Sale date of March 24 will come and go and I will give up or run out of time
    I believe that HSBC has
    1. committed fraud by creating a new set of documents (specificially the adjustable rate note and addendum)
    2. committed consumer rights violations
    3. repeatedly harrassed me over a two year period of time, and caused an outrageous amount of frustrationn and mental anguish after the death of my husband, when all they should have done was respected the true and actual copy of the loan documents (which I sent them 4 times over 2 years) and they continually ignored, and then accused me of fraud!
    4. Proceeded with a wrongful foreclosure on my home, as they began the process without having the proper chain of title, i.e. an assignment of the deed of trust on my home recorded – being unable to prove they are the holder of the note.
    5. Continued with wrongful foreclosure practices, with robo-signors, as indicated by several letters I received over a 4 month period of time

    I am interested in joining a class action suit in Arizona agains HSBC. They should be exposed for their illegal actions. If we as consumers are quired to uphold our end of the agreement, why shouldn’t they be?

    And who do they think they are, messing around with my husband’s signature after he passed away, knowing that he is not here to defend himself?

    Time is ticking away – I have less than 3 weeks before the Trustee’s Sale date – but I refuse to lose.

  72. I think that the only way these banks will get the message is if EVERYONE boycotts them! Move your accounts to smaller banks and credit unions. They are still dong things right for the most part.

    I CALL FOR A BOYCOTT OF ALL OF THEM, ESPECIALLY HSBC. Get them out of this country!

  73. We were foreclosed on in August 2010 by Household/HSBC. After trying for months to work with them and trying to find an attorney that “gets it”. I live in Mississippi, none to be found around here. I have copies of all the assignments on our mortgage while we had the house, and I have an assignment on it (same day as foreclosure was filed) that was filed 4 YEARS after the loan was sold from Union Planters Bank to Household. My problem is that Union Planters was absorbed by Regions bank in June 2004, and ceased to exist.. loan sold in Feb 2004. Assignment dated Feb 2008 from union planters (nothing noting regions bank) to Household, by MERS. How can a bank that no longer exists transfer a mortgage 4 years after the fact? And Mississippi being a non recourse state, the house is gone, and I’m ok with that, but I think fraud was committed. Is there ANYTHING I can do at this point???

  74. Hsbc Foreclosed on us in September after making us beleive they would work with us. They got an Order in October from the FED. to Cease and Desist certain financial actions here in the US, I don’t know if Foreclosure was one of them.

  75. Here’s what you should do:

    http://foreclosuredefensenationwide.com/?p=336

  76. It’s about time . HSBC has been flying below the radar and getting away with murder.. er.. fraud. There are copies of cases where signatures of notaries are in one state and signing off for properties in another state same date. Notaries and MERS vps interchange at random and at will on satisfaction documents and assignments. Go get them investigators.

  77. What about Colorado?? Our home is set for auction on March 9th! any ideas on what I can do??

  78. Palm Beach Post
    HSBC suspends foreclosures
    by Kim Miller

    HSBC, the “world’s local bank,” said in its 2010 financial report released last night that it has suspended foreclosures indefinitely because of problems with how the cases are processed, prepared and filed.

    The report to investors says the bank is responding to federal inquiries about its foreclosures and “certain deficiencies in our processing, preparation and signing of affidavits and other documents supporting foreclosures.”

    Also listed as a concern is the evaluation and monitoring of the law firms handling HSBC’s cases.

    “Management is reviewing foreclosures where judgment has not yet been entered and will correct deficient documentation and re-file affidavits where necessary,” the report says. “We have suspended foreclosures until such time as we have substantially addressed noted deficiencies in our processes.”

    It was not immediately known how many cases HSBC has in Palm Beach County.

  79. i posted the entire text so next week the info was still here… none of the post appeared but the dup error message was ! ha ,,go figure
    hsbc/litton loan/fremont – criminals@large

    http://www.dailyfinance.com/story/real-estate/diminishing-credibility-the-garcia-mortgage-mess/19807248/?icid=sphere_copyright

  80. Judge Shelley C. Chapman, of the U.S. Bankruptcy Court for the Southern District of New York, has ordered HSBC and Litton Loan Servicing (a Goldman Sachs subsidiary) to send officers with some juice — and not low-level types — to her Manhattan courtroom on Feb. 10 to explain themselves. More specifically, to explain their failure to provide adequate documentation about a mortgage they claim to own and service. Judge Chapman also ordered the Texas attorney who signed the documents to show up.

    At issue is the fact that HSBC (HBC) hasn’t come close to proving it owns the loan, and the documents it has submitted look funny. It also doesn’t appear to have been acting in good faith when it comes to trying to modify the loan (also known as “loss mitigation”). So, the judge wants to talk to people who actually know things and can make decisions.

    How Did HSBC Get the Note?

    Here’s the story:

    In 2004, Miguelito and Jacqueline Garcia bought a property in New York City’s borough of the Bronx, using a mortgage from Fremont Investment & Loan. Shortly afterward, that mortgage was apparently securitized, and HSBC became the trustee for securitized trust. HSBC hired Goldman Sachs’s (GS) Litton Loan Servicing to service the trust loans.

    Last summer, the Garcias declared bankruptcy, and Litton Loans told the court the Garcias owed HSBC some $3,600 in missed principal, interest and fees. (This isn’t a foreclosure case, at least not yet.) To back up its claim, Litton gave the court the note — stamped “Duplicate Original” (starting on page 3 of the linked document) — and the accompanying mortgage (starting on page 10).

    But the Garcias’ lawyer, consumer bankruptcy attorney David Shaev, pointed out in a letter to Litton that the note was made out to Fremont Investment & Loan, and the mortgage was made out to MERS — the Mortgage Electronic Registration Systems — as nominee for Fremont. Litton didn’t give the court any evidence that either document was transferred to the trust HSBC represented. In the first place, Fremont hadn’t endorsed the note to anyone, and second, HSBC hadn’t submitted an assignment of the mortgage to anyone.

    Two Different Notes

    Shaev didn’t get a meaningful reply from Litton, so he formally objected to HSBC’s claim. When Litton replied, it submitted a new note that was endorsed. But Litton’s filing didn’t address the fact that the first note it submitted wasn’t endorsed, while it now it offered one that was. Nor did Litton mention several other oddities, such as the initialing by the borrowers on the new note is in a different order and position on each of the first two pages. Even the signatures on page 3 of the note look different — for example, look at the “J,” “a” and “q” in Jacqueline.

    Sponsored Linksadsonar_placementId=1505951;adsonar_pid=1990767;adsonar_ps=-1;adsonar_zw=242;adsonar_zh=252;adsonar_jv=’ads.tw.adsonar.com';
    I’m not a handwriting expert, so I make no claim that someone forged the names and initials. Maybe Fremont had the Garcias initial multiple copies of the note when the deal was done, and they didn’t initial each identically. Perhaps the Garcias signed two copies of the note at closing. The signatures on the two notes aren’t wildly different from each other. The bottom line, however, is the notes aren’t photocopies of each other.

    So, unless the Garcias took out two identical mortgages, having two signed notes is a problem. Each is separate and complete proof of a debt.

    For a moment, let’s forget that the securitized trust exists and just imagine that Fremont endorsed one note to HSBC and one to, say, Wells Fargo (or any other bank). If either wanted to foreclose, each HSBC and Wells would have employees sign for MERS and assign it the mortgage. The Garcias would face two apparently legitimate foreclosure actions. That possibility is why the signature page of the note itself says “Sign Original Only.”

    Bad Endorsement

    So one problem with the documents is that two “original” notes appear to exist. Another problem is that only one of these originals is endorsed to HSBC. And a third problem is that the endorsement, such as it is, doesn’t make sense.

    In seeming violation of the securitization contracts, the endorsement went straight from Fremont Investment & Loan to HSBC. That’s a problem because in a securitization deal, the notes go from the loan originator (or a later owner) to the “depositor” to the trust. — and the depositor is always in the loop. Since Fremont Mortgage Securities Corp. was the depositor in this case, the note should have been endorsed to it, and then to HSBC.

    Beyond the two-note-and-endorsement problem, the assignment of mortgage is another question. Despite the fact that HSBC’s right to the mortgage debt has been an issue for months, it still hasn’t submitted an assignment of mortgage. And, as a credibility side note, Litton’s attorney stressed in the opening paragraph of the firm’s reply that he is relying solely on the documents provided by Litton, regarding the truth of the claims Litton is making.

    That statement means the attorney couldn’t try to foreclose on the mortgage right now if Litton asked him to. New York requires attorneys in foreclosure actions to actually talk to someone at the bank and affirmatively try to make sure the documents are accurate. The problematic documents in this case are a good indicator of the wisdom of that rule.

    Not a Vintage Year?

    One final cheery note: This mortgage and trust is from 2004, not the peak bubble years of 2006 and 2007. I want to believe the document mess in this case isn’t typical of that year’s vintage and that the document chaos was a bubble-frenzy phenomenon. But to be honest, I think that’s as likely as the wishes I make on shooting stars ever coming true.

    So, how far back in time need one go to find a securitization deal done carefully, such that its documents are in order and available to the trust’s attorneys? How many mortgages is that?

    Judge Chapman says she’ll cancel the Feb. 10 hearing if the parties come to agreement in “loss mitigation,” meaning they’ve agreed on a mortgage modification. An agreement would take a real change in attitude on HSBC’s part, however. The bank’s most recent offer, according to Shaev, involved a balloon payment at the end that wasn’t defined. When he asked how much it was, he was told it would be however much the Garcias hadn’t yet paid. That is, it would be a number HSBC could fill in later, after everything was signed. That’s not a serious modification offer.

    If the hearing does happen, I hope the judge finds out just how both original notes came to be — why HSBC submitted one and then, without acknowledging the change, it submitted the other.

  81. Well well HSBC had an assignment produced for Bankruptcy court to show a transfer from Mers to them only one problem . I wasn’t in the Bankruptcy case as a creditor cause you see I moved my 1890 home upon a property and my x girlfriend filed for Bankruptcy protection on hte land under my home and they them claimed both however Mers had the home and land assigned to them . Mers can’t own anything, collect anything, can’t lend anything and can’t transfer any interest to them . HSBC forged a document signed not by a real signature notary and used two robo signers from LPS as vP of Mers to assign the note back to them illegally . First it was an assignment to Mers in Blank illegal now they try to assign back but have to Back date it to meet a BK hearing dead line which they claim ownership two months prior to the hearing yet the Assignment Notary forged document is dated 2 days before thehearing yet 1 1/2 years after the refi took place without my knowledge. One more thing the x girlfriend had forged a Bill of sale with her signing my name and HSBC of all people took both a copy of my real bill of sale and the forged one yet they entered the forged bill of sale as evidence of their ownership to my home. the funny part the lawyer for HSBC forgot which was real and which was forged. Now of all things the Bankruptcy case is excepted my request to be re-opened yet I am to go to trial this week in a state Superior court , I understand that No Standing issues can be pleaded at any level Oral or brief contested. No Standing is a death sentence if you can win No Standing issue. Mass Supreme Court 1-7-2011
    as an example No Standing. ttcb77@yahoo.com

    Jerry

    Any one that has Notary Ashley Elizabeth Olson signature and Jodi Sobotta, and Topaka Love signatures please forward me copies please.

    HSBC are Scam artist /crooks/thieves/and need to be locked up.

  82. OK here is what ya all can do look i have been fighting HSBC Bank USA for 6 years now and that is a long time i am still in my house and i stoped paying them in 2007 Because i am not going to pay out no more money for a loan i knew nothing about they Closed Forged Fruaded us and after spending alot of money things seemed grim but i hit the place to be the Place to go because it becomes a Fedreal case after all the crap we have been through Now out of Colorado also you can take your case to The United States Federal District Courts and you can have a lawyer or you can do it your self and you can have the fees that they Charge waved if you have no money I am my own Lawyer for my Husband and i I know this case like the back of my hand and i know that you might think this is crazy but it is eather give up which i will not or prepare my self and go for it so i am doing this The Lower District courts never gave us the respect we should of gotten from them as Victims of a Crime as well all of you did not get from them eather so what do you do take it where it really hurts those people and that is
    The United States Federal District Courts there in each state the document to file are free and it only cost $350.00 to file your case if there is no other or anyway out of it Go there do not give up we all will in one way or another get HSBC Bank USA and all the others involled in this all of us will if we just dont give up it becomes Federal when they sacrewed with your loan and fruad is nothing to laugh about i am suing 5them for fruad Forgery Falsely doing the loan with out us knowing and the Notarys and Title Company and the Public Trustees also because they New that the loan was Forged and they sold are home and our land that is in back of our home in a diffrent County But i still refuse to move knowing that they are wrong with what they did i am not moving out i will not give them anything there Crooks and i am treating they just that way TO all of you Good luck in your fight to save your home this is the United States of America and i have Rights and belive me i am fighting for them and this and these people are crap
    HONG KONG SHANGHAI BANKING COMPANY

  83. It sounds as if HSBC is going to foreclose on you behind your back. Possibly contect someone at the Dept. Of Housing Admin. Look up HUD on the internet. But call them immediately before your house possibly goes up for auction behind your back! HSBC is “stealing” homes like crazy as Trustees.

  84. BYW I forgot to mention that I still have a lot of equity in my home. My monthy mortgage payment is $610 and the mortgage was financed at a very high interest rate.The principle is 65,000. Even with the cost of real estate deteriorating, I made many improvements to the property including new windows, furnace etc. I am not sure what the assessed price is but I know I have over 50% equity in this home probably more. I was told that I am just over the limit for free legal services in PA. I guess the base family income is very low.

  85. I took out a mortgage with Beneficial Finance. To begin I didn’t want to take out a mortgage just a loan to make some improvements in my paid for home. they convinced me to apply for a mortgage & when I approved they put the hard sell on. I avoided answering their phone calls etc for a week or so but they were persistent. I caved. First of all, I admit I was totally uninformed as a consumer. I believed the garbage they told me. I was lied to-I didn’t even realize I was taking out a mortgage. They told me that I wouldn’t lose the home if I couldn’t make the payments, I would get have a lien on my house so Ii wouldn’t own it free & clear and when I went to sell it they would take their share, Okay I was gullible, Buyer beware but here is where I stand. I rec’d Act 91 dated Oct 18, had my face-to-face Nov 8, My app for HEMAP was filed Dec. 1 on Dec. 3 HSBC filed for foreclosure. The sheriff attempted to serve the complaint on Dec 8. Had 1 free legal aid session w/attorney She said HSBC illegally filed the complaint that they didn’t wait the correct number of days to file. Nevertheless, I send a hardship letter & documents to HSBC Thursday, Dec. 9. Spoke with someone on Dec. 10. at HSBC. Now what do i do? Just wait? Any advice would be appreciated. I lost my job & my unemployment ran out March 30 My last mortgage payment was March 2010. Because of my ignorance I had been thinking all along that I didn’t have a mortgage because I had the deed & that all I would lose is my equity in the home that was owed to them. I think Beneficial is out of business but HSBC Mortgage services is who I am dealing with. I live in PA. I am still unemployed but my mother lives with me, I am her caretaker. Was told they would consider her income for a hardship case. I am looking for work & would be able to resume payments when I get a job. I am single as well. Looking back I was lied to and deceived from day 1. I can not lose this home as long as my mother is alive. I know my mortgage is at a high interest rate. I would like to be able to get a modification, HEMAP would buy me time but what are the odds of getting a HEMAP in PA I don’t know I heard funds were becoming available on Jan 1 Maybe timing is in my favor. I found this website & hope that I can get some good advice. Thank you.

  86. Excessive fraud must cost extra.

  87. Oh My GOD!!! I just recieved a modification offer from HSBC. Its six thousand dollars
    MORE than they were trying to swindle out of me before!!! MORE….. Somebody in The HSBC loan modification department is smoking something….

  88. STATE OF WISCONSIN
    DEPARTMENT OF JUSTICE
    Ms. Nelle Rohlich
    Assistant Attorney General
    17 W. Main Street
    P.O. Box 53707-7857
    Madison, WI 53707-7857

    Here’s some for you to contact in Wisconsin.

  89. Well, we’ve been talking with attorneys for the past few days as well as the Attorney General here in Colorado. We are about to give up (yes, we realize that is what they want us to do!) but we’ve already spend almost $50,000 in legal fees alone thus far and “yes” we have a good case complete with documents they forged and much more but we learned that we would probably win but financially it will ruin us and we most likely will owe the attorneys in the end – we’d win the battle but lose the war! I hate these people an cannot understand how they can live with themselves knowing that they are taking people’s homes illegally.

    Another thing I learned, and this will get you…

    Guess who the federal regulator for HSBC is??? Our Comptroller of the Currency John Walsh!! So does it sound like we’d win a case against them? I don’t have that much money.

  90. Hay Lisa Marie,
    Believeme! I know what HSBC does, I have heard Stories, from not applying funds correctly to an account and even though it was their mistake, attempting to foreclose, to trying to foreclose on homeowners that own their property free and clear, They lied to everyone who refinanced through them about the interest rate to the rate reduction programs They scammed us and we have to be the ones to force the issue to hold them responsible, There is power in #’s.

  91. Dana, Its almost like a quest for me at this point , just to know the truth about what happened to my note, plus the very real possibility that some other entity other than HSBC may have it.. I’m growing paranoid and suspicious that nobody else seems concerned that every shred of my original mortgage documents including the note has just disappeared off the planet. Whats more is everybody including my own legal representative acts annoyed when I bring it up. And just think, if I could track it down and prove HSBC lied for the like kubillionth time it would be in their face! Not that I believe any punishment would fall upon them for all their fraud, perjury, forgery and deceit because they are after all the bank and are above the law. This loan was wraught with lies and misinformation from origination all the way through and through. After they tried to get SJ twice and failed, I’m now starting the beginning of mediation with HSBC, as requested by my lawyer. This is as he says what we want. My story is long and unusual in its entireity and I have a half dozen reasons to believe HSBC is not now and has never been my mortgage holder. I feel I must have in your face proof because anything less is earning me the label of ‘dead beat homeowner’ but if my story is told, it will be understood that I am anything but that. My entire family has been put through hell because of these vipers. Our house was suppose to get necessary plumbing and septic repairs from this refi and nothing that was suppose to happen happened. We lived with no plumbing for almost a year because of it. And they knew it. I’ve had the police called on me by the neighbors, I’ve had thehealth department try to condemn the property. The only reason the house still stands is because I begged and pleaded with the county for assist and got it (long story). The only reason I contemplate any future dealings with HSBC is because I have no choice , watching what a judge can do to a homeowner that bucks scares me. Alot of homeowners who were 100% right have lost. If it was just me I’d fight them tooth and nail and damn the torpedos, But i have grandkids who live with me and depend on me for a home. I can’t risk losing.

  92. I would think that you would not want the note found! nor tip the bad guys off that your on to them, May I ask why you are trying to locate the note yourself?

  93. Well I’m going to give an update on my case with HSBC without divulging to much as I’m not sure what will happen. I was back in court for the third time last week . This time it was my lawyer from legal services that initiated the hearing. he requested a hearing to add omitted affirmative defense. (sounds good), he requested mediation within 90 days. Judge granted all request, HSBC lawyer did not object to anything and was very pleasant and coopertative with all. I left there feeling a little confused because nobody has mentioned the fact that HSBC lied about not receiving certified mail from me when I’m in the court room with the signed green receipts from them. Somebody from their law firm went into the court house and filed a single piece of paper that reads in bold print “FILED ORIGINAL NOTE AND MORTGAGE” And thats all. Its what I refer to as the invisible note and mortgage because there is nothing of the sort! not even a copy filed with this statement! Just this piece of paper in my court file all by its lonesome without the note or mortgage its announcing. Is it on the way? Did it get side tracked? Is there a special note and mortgage place I don’t know about? I keep asking my lawyer why that bank can do that and he hasn’t answered me. I asked the court house clerk and she, God bless her heart is cluless. she just told me “stuff like that happens all the time.” I just want an answer. Word in the attorney generals office is American home mortgage services had my note and now its in a’pool’ in sanabel Island. Now i’m desperatley doing my own amature forensic loan audit speaking to everybody who touched my loan, goes cold at MERS. although they did act interested in my story. I would desperatly like to find my loan before these folks try pressuring me into something I feel real uneasy about. so now here we are again, my lawyer wants them to give me a loan mod, he’s reminding me that nobody gets a free house and nobody likes somebody thats not paying the mortgage. I get that. I really do, but there is another side to my story. I’m no deadbeat. The loan was a lie. If it wernt for a county grant I begged for to fix 17,000 worth of sewer damage that was a direct result of neglect from this refi and I was looking at getting my home condenmed! directly due to this refi that was suppose to fix my home and did not! (the originator lied and tricked me into a totally screwy loan that WAS NOT what it was suppose to be and did not repair the septic like they said it would!) If it were not for the county helping me and my kids the house would not even be here to bicker about. And I hit my knees and thank God I went before a Judge who at least listened when the only defense I could muster during my first court appearance defending myself was “your honor they are not my note holder, even the attorney general agrees with that much. They have no correct accounting on my loan. the description of the property is wrong. They have not one shred of my original note, mortgage or anything pertaining to this loan.” He would not grant summary judgement, he said issues were raised, but turned to me and said, “you need a lawyer!” The second time we were in court defending summary judgement I had my legal servives lawyer with me and once again SJ was denied. I appreciate my lawyer, I do. I know hes doing what he thinks is best and maybe it is. I might have lost my home if he were not with me the second time because like he tells me “your no lawyer!” I do read a little and stay on the net and like to know what the hell is going on with the foreclosure front. I want to know why I’m going to give them an enforcable note on my house when right now they dont have one. Is it because eventually they will just go make one? Or reestablish something? I guess that could happen. Shouldn’t they first prove proper standing. Then I would gladly comply and be grateful for the principle reduction I plan to ask for for the pain and suffering myself and my kids endured for two years. bucketing water to flush toliets, going to the laundry mat because we lost full use of the entire back bathroom, washroom, and bedroom due to septic back-up and a shit flood. my backyard was turned into what i refered to as the crap-hole. The entire back yard was off limits, the smell and bugs were horrible. the police were called on me several times for sewer sludge running into both my neighbors yards the whole neighbor hood hated me and rightfully so. The health department was ready to condemn my house and then like an angel sent stright form heaven the county pulled my number ,. When the county came out to see my house they were shocked at the way we were living. I was shutting the water off at the main with pliers when we wernt doing the dishes or taking a QUICK shower, for the whole time the water was on it was bubbling through the hallway into the kitchen and bedrooms. one of us would be there with a shop vac sucking up the water as best we could while the other one showered. It was awful. (we did that for 8 months) waiting for the county, everyday I was down there at the court house or on the phone pleading my case. my county is busy and disabled persons and the elderly are the priority as they should be. As soon as the county folks seen our predictament they were all over it, when they told me they would stop the water that day as a first priority and get on the rest ASAP, I broke down and cried like a baby, just broke down sobbing. I couldn’t stop crying and thanking God that we were really going to get help. I surprised myself I didn’t realize i was that disdrought, depressed,weakened and despondent, just going through the motions like it was almost normal but I was a wreck. I thought about just walking away from the house, but I couldn’t. I have already invested so much up to this point, This house was were I found my sobriety, I found the Lord, it was my sanctuary, It felt like a part of me. The only home I ever had to call my own. . This was the only home my 6 year old grandaughter had ever known. I lived here ten years. that was longer than any place I’d ever lived in my life. I want to grow old here. I love this house and I wanted to tough it out. I knew God would lead us the right way. HSBC has been deceitful, heartless, cold. I fought (no cried to them at times on the phone about the condition the house was taking. they said they were going to try and do another refi to take MORE money out of the house, but the deal they were selling was even worse that the one before so i told them I was filing bankruptcy and was ready to walk. during bankruptcy it was discovered they would be listed as a ‘non-verified creditor’. they were listed on the unsecure side of my creditors. i had no idea at the time what that meant and my lawyer then did not protect me. When i decided to stop paying payments march 2008, I dismissed my bankruptcy and in my mind I was going to either get a lawyer and fight them for this preditory misrepresented loan or walk away. then I wrote the attorney general for the second time. Only to complain about what had happened to me and thats when I understood, they did not even own my loan! When they served me the lispends , I answered it with a demand for production and later a recission, (at different times) The recission was totally ignored. The demand for production was answered with a one page totally incorrct accounting of my payment history* and I can prove that.), and a shoddy corporate assignment, dated after the filing. Every signature on it is an HSBC employee. Even the form says ‘prepared by HSBC. By HSBC, To HSBC, How do you assign yourself a mortgage? And why would you assign yourself a mortgage 5 months into default? And how in the hell were you collecting payments from me from January 2007 til march 2008 without an assignment? These are the questions I’d like answers to and nobody else seems to think them important. After the county came in theren were damages I wasn’t even aware were there, there. dry wall had absorbed months of water and turned to moldy mush, floors rotted, carpet rotted, bugs took over, the smell was horrid and I was so use to being in it i didn’t realize how bad the smell was and just got use to bugs and heat. We had already pulled all the floors up all the carpet in everyroom and we were down to concrete and rotton wood, we had boards all over the house to make planks to walk on to keep our feet out of the water. I was constantly worried about the electricity and the water being intermingled and the walls would make you tingle especially in the hallway, we couldn’t use the stove and oven because the 220 buts up to the wet bathroom wall and would light you up!. My lawyer seems to get aggravated when I want to tell him what we went through with this house, we lived like camping outside for almost a year. He’s like “oh well, you haven’t been paying the mortgage you should have several thousand dollars to give HSBC towards the modification”. When I ran out of county money (and the lein is on my house from the county for 15 years) Where do they suppose the drywall, cabinets, rotton wood outside and back bathroom and bedroom money is coming from? Its my belief I am the only person beside my inhiding investor who has ANY skin in the game. Why should HSBC get a free house??? why??? I’m scared, I don’t know what to do, I dont want to make a mistake. I want to buck, I want to scream, I want HSBC to lose! I wish i knew the truth. Wish I had a crystal ball. I dont want to lose my home, I don’t want to gamble with my 6 year old grandaughters home by being stubborn and prideful. If a modification with the vipers is all there is I will probably bow down. Is ther anybody out there that knows about the RMFM program here in Florida? Please if you’ve any input I’d greatly appreciate it and perhaps be able to help you one day in your plight. Thank You all for listening .

  94. How do we revoke a foreign bank’s license to do business in the USA, knowingly ripping off Americans. HSBC needs to go! How dare them do what they do and get away with it??

  95. I think we have to take a nationwide class action suit against HSBC If possible, with all the people the have swindled you would think their is at leat 1 Attorrney out there that would want national publicity.

  96. Well HSBC has stooped to new lows! Today we received a filing from their attorney for a “Reply to verified response and request for entry of order authorizing sale nopn-withstanding response.” Our Rule 120 hearing is supposed to be set for Nov 18th.
    To add insult to injury, HSBC sent us a long letter stating how they tried to work with us and got no response (huge lie!) and that there are 2 good faith estimates. The one that is signed (we have the original) states the correct interest rate at 8.5% which we bought down, and the 2nd one that just showed up today states 9.750% which is not even the the rate shown on our Note (which is also incorrect at 9.625%! The even forged it wrong!

    The AG in Colorado also doesnt see anything wrong here! I’m so mad right now I just want to scream!

  97. I’d contact your state Attorney General’s office. Also, I would take a careful look at any Deed or Deeed of Trust Property transfers that have occured more recently for any forged or mispresentative signors. We have the same problem in California with attorneys not wanting to take our cases that are filled with fraud and plenty of evidence to prove it. I think that, at some point, we’re going to find out that many attorneys and judges have been paid off by the banks in some way, shape or form.

  98. Does anyone know of anyone who can help us in Colorado?? We’ve been turned down by over 15 attorneys in this state and have been told that we “can’t do anything” which just cannot believe!

    We have a very extreme situation. We were defrauded when we bought our property in 2004. It turns out that our property was zoned commercial, all our buildings are in the county right-of-way, our detached 2-car garage/workshop is 5 ft over property line, the septic system they were required to put in before we closed was only put down 3 ft as they hit water at 4ft and the whole mess is in not a “flood zone” but a “flood way” which means you can never build or do anything with it! We sued, and won against the title company, the brokers, the appraisers lost their licenses, and we are in the process of going after the previous owner as she knew all of this when she listed it and did not disclose any of it. Our attorney handling all of that stuff cannot help us with the mortgage issues.

    We now find ourselves looking into our mortgage docs and have learned that there is so much fraud, misrepresentation, etc. that they are not worth the paper they are written on. 9 violations were found when we paid to have a forensic audit done. In retrospect, if the property was presented correctly, we would have purchased land alone with the buildings, house, etc considered “salvage” as the county states in their abatement letter. Not to mention that we would have NEVER bought it had we been given the real story.

    HSBC has blatantly lied to us so much, including about what was paid for county RE taxes. On 4 different pay-off statements (each with a completely different amount) they quoted $2600 that they paid for our taxes when in reality they only paid $1100. They hit us with $57k in misc/accrued interest fees making selling our home completely out of the question, even though we have several buyers who want it. 14 home inspection fees, 4 Broker price options (whatever that is), photos, unexplained corporate fees and advances to escrow when in fact our assessed value of the property went from $250k down to $50k due to the problems. Our escrow payments kept going up when in reality our taxes plummeted from $1500 down to $300!

    HSBC has lied to us constantly over the past 6 years, giving us random odd amounts to pay to set us up with a modification, taking the funds out of our bank account themselves and when the next payment comes due, they have no record of any modification. This has happened 4-5 times. The amounts we were told to pay went entirely to their fees and nothing to our principal or anything else, making us even more late on payments when we thought we were current.
    There are so many errors, mistakes, lies that they have done that it is overwhelming. We just don’t know where to start or which issue is our strongest case. And we cannot find any attorney to help us.

    We are going to represent ourselves in hopes that the court will review our evidence and see what a mess HSBC has held us to. They tell us “you can afford 15.625% interest on your mortgage!” and have literally held us hostage for 6 years while we re-zoned the property as no company would put a residential mortgage on a commercial property, so refinancing or selling was not an option. We are done. They have financially ruined us and now they are trying to take our home.

    Any ideas or help or direction would be so appreciated. My number is (303) 918-0875 or email me at donna@us-steenkamp.com

  99. HELP!! I need a good attorney in Virginia, We have no laws protecting us in Virginia and the only alternative here is BKY. but the house was pout in the keep pile not the get rid of pile. So now I need to find an Attorney to help us again battle HSBC. Pleas help me this has beena 4 year battle and I am at my wits end.

  100. OK. Guess I’m paranoid! All they wanted to do was remove my SS# from the record. Doesn’t hurt to remain alert!!!

  101. Well they say everything happens for a reason. This incident made me go pull out all my old records and dig through all the old bankruptcy paperwork. Turns out my mortgage was never verified. Just as it remains today. I do wonder why the bankruptcy court did not do more to protect me. I guess they don’t have to. I read where the trust is there to benefit the creditors.

  102. Something odd happened today. After several months of quiet on the set I received via regular mail a notice from ‘Squire Sanders & Dempsey L.L.P. Its a motion to reopen estate to redact personally identifiable information in proof of claim no 6.1. This was a bankrupcty I was going through back in 2007 and had dismissed at my request, This paper goes on to state that the purpose for HSBC doing this is to “protect the interest of the debtor” (me). why would they be looking out for me? and squire Sanders had nothing to do with my bankruptcy case. They are the lawfirm for HSBC against me! I wonder if they are trying to prove they own the debt since for the past hree years they have been unable to do that. Can I stop them from prying into my personal past bankruptcy case? Do I need to call the Bankruptcy court and tell them not to release my info????
    )

  103. Thanks for the reply, Ditto. So far, I can’t find out for certain if it’s allowed or not. I did find out that my mediator basically lied about the time requirements for the mediation, however. I have a seasonal business that is just getting started right now, and asked back in early June with the mediation date was set (for 13 days hence, at this point) for a late hearing so as much as possible of this season’s income would be in. He wanted to schedule it around 4 weeks out, but I got him to go 6 weeks, with him saying he was bound by the rules to go as quickly as possible.

    Just last night I saw an actual copy of the rules, and it only states that the mediation must be “calendared to take place within 135 days”, not “at the earliest date” within so many days.

    The rule was still at 90 days when mine hearing date was set in early June, but even going out close to 90 would get me well into my season to help my income record. This is only my 3rd year into this field of my profession (having to change fields due, of all things, to the changing real estate market) and is growing each year due to word of mouth. For instance, this is the first year I’m getting referral calls. So, getting as much of this season’s income into the picture is crucial. This was all explained to the moderator when we discussed the date, but he still said he couldn’t go farther out than the late July (6 weeks out) date.

    I understood the mediator was to be neutral, but lying about the rules doesn’t give me much faith in the man’s fairness or neutrality. I have a call in this morning to the Supreme Court’s mediation hotline to see what I can do.

  104. Ron

    They may have done a drive by appraisal if it’s allowed. They they wouldn’t need access to the home.

  105. Thanks very much for the HSBC/Housekey connection!

    My mediation meeting is now just two weeks away, and Houskey still has not contacted me about an appraisal, having had a full 5 weeks to do so. Nevada mediation rules require a current appraisal, not more than 60 days old. So I sent the mediator a certified today noting Housekey’s failure to get an appraisal done, and that since I’m scheduled to be out of town next week, returning two days before the mediation, it will be impossible to have one done in time for the mediation meeting.

    According to mediation rules, this could cost them the right to foreclose, but sanctions are done by the court, not the mediator, and I’m not sure how to force it to that point. Guess I’ll wait for the mediator’s response.

  106. Found the HSBC/Housekey connection:

    http://www.secinfo.com/dAQkr.7z.c.htm

    This is a 1998 SEC filing of HSBC holdings. It lists “Housekey of Illinois”, so I don’t know if it’s the same company, or perhaps Housekey broke from HSBC somewhere in the past 12 years.

  107. I’m just getting started on this. I received a Notice of Default etc, etc around the middle of April via certified mail, on a notice that had actually been filed about three weeks earlier. My state, Nevada, has a mandatory (if requested by the borrower) meeting to be set up between the borrower and lender, which I immediately filed for. This has now been set for 7/22/10.

    My lender is HSBC of Nevada, through which I refinanced (from a different lender) in 2007. The Trustee, however is Housekey Financial of Pomona CA,. Somewhere (can’t find the link now) I read Housekey was an affiliate of HSBC, but Mantra says it’s an independent:

    http://www.manta.com/coms2/dnbcompany_yrvn3z

    Hoovers says they’re in Agri Lending, and have 25 employees:

    http://www.hoovers.com/free/co/dnb_factsheet.xhtml?HD=hhjccjjkt&src=global

    I’m retired do to an injury, but I have a seasonal business, and due to the very confused weather we’ve been having this year, I’m just getting started next week, so my goal to this point has been to simply hope things would drag along slowly enough until I could begin getting into my income producing months for 2010, and go after a loan mod during the mediation meeting, but after reading all this, I’m wondering if I should start looking at HSBC (BTW, HSBC *really* pushed for me to opt for an ARM when I took out this loan, even trying the “everybody else is doing it” argument!).

    So after all that, I guess my question is, if HSBC wrote the loan, and *if* Housekey is indeed an HSBC affiliate, does Houskey actually need to be on the note, or is it sufficient for it to be HSBC, since if they were an affiliate, it would all be one big family.

    The big mystery in this switch from HSBC to Housekey is why (whether or not Houskey is an HSBC affiliate) HSBC moved the loan to another company immediately before foreclosure, when it seems that HSBC is not shy in doing forclosures themselves.

    Thanks,

    RonH

  108. Has anyone proved fraud on their Assignment to Hsbc? if so can anyone tell me what to exspect when I go into court with the fraudulant assignment without an attorney? I want to be prepared.

  109. Thank you, LisaMarie! As for Legal Aid…Yup…

  110. I have a support group on Facebook call 1 million strong. We have been putting together 2 seperate classes, because the more I read the more I realize that the people who’s servicing rights were sold and the people who had refinanced have different paths that they need to take in class action.
    I have no standing here is Virginia and need to take it to a federal court. But at this point as I said before I have no more avenues other then class action suits.

  111. LOL!! AHA!! I was impressed, I thought you had gotten further then everyone else, I wanted to know your secret. I read incorrectly!

  112. Oh, NO,NO,NO. I said I did a recission. It was the second thing I ever filed. I’m laughing as I write this. I did a proper recission due to the fact I was never given the right to cancel. They flat out ignored it like I didn’t do shit. Its been sitting down in the county court house where I filed it for more than a year and a half!

  113. Well yeah you could ignore them but that wouldn’t be in your best interest LOL! So you are far enough along in all this to have gotten A recission? How did you get the courts to recind the loan?

  114. Plus everything I’ve ever filed I send certified mail to HSBC and their lawyers, including the recission. I get return receipts and although they sign for the mail, they say they did not receive anything from me when were in front of the Judge.

  115. The assignment came in to play more than two years after they started claiming servicing rights. It actually was created during the court preceedings. Its still not recorded, recorded. Its just a piece of paper in the court file I go look at weekly. (its not in the computer just in a paper file) If its like the recission I filed it really doesn’t mean crap, they and the courts have ignored that for over a year. I wonder if I can just ignore them??? I’m Kidding……

  116. Yup, thats it. i’m emailing you again.

  117. Hey LisaMarie,
    I still didn’t get it…I noted that spelled my name Kelley, but it’s Kelly. Could that be the problem? Thanks again!

    Kelly@Take2Creative.com

  118. This is a common practice if they can’t find the ssignment they create one. Usually an employee signs it and is notatized by an affiliate company. It has never been questioned by the courts before so they have probably done it quite often. Chances are if your Assignment was recorded a while after they purchased servicing rights, saying when you fell behind and they were going to start foreclosure proceedings or around that time, this very well could be the case.

  119. I know the loan changed servicers at least twice. HSBC claims the original loan docs and note have been ‘lost’. Although at the time the foreclosure was filed they did claim to have the note. It wasn’t until I asked to see it that they said they could’nt find it. That is when they responded with filing a corporate assignment dated AFTER the foreclosure filing. I have not thoroughly examined all parties on the assignment however it is “prepared by HSBC” Made from HSBC to HSBC. With MERS in the mix. How do you assign a mortgage to yourself?

  120. lisa marie,
    as I am reading your post I think that because your loan was sold you have a better chance. I haven’t read all of them, but I am wondering if you had pulled all your assignments. the assignment are more important in some state then the note. In some states as long as they have a valid assignment they can foreclose on behalf of all parties involved. Have you looked over the assignments? Have you researched the people who were on the assignment? was the assignment recorded long after your loan closed?

  121. Kelley, I’m emailing you. Please Let me know when you receive it. Dana, Was it HSBC that refinanced you and they remained your servicer? I was refied also but Soltice Capitol and Apex lending was the broker and the lender was M&I. Then it was alledgedly sold to HSBC. Whats weird is Soltice Capitol and Apex Lending are affiliates of HSBC so why the third party? If you dont mind my asking, why are you losing after 4 years?

  122. I have read many responses. and it seems many loans were sold here were sold to hsbc.So I think the questionable assignment would apply in that case, But what is a good defense for people who refinanced through Hsbc, My Thoughts are Fraud, and consumer rights violations.Many were promised a drop in interest and free refinancing, also the easy pay program that never worked, in Virginia I believe this falls under the catagory of products and services in order to obtain a persons business. (Offfering products that you never intend to give the customer).
    Dottwell@hotmail.com

  123. LisaMarie,

    My apologies…I can’t find your email. Would you mid sending it again?

    Thank you!

    Kelly
    Kelly@Take2Creative.com

  124. We are nearing the end of our battle with Hsbc, I am tired and warn down, I have no more fight left in me. We have battled them for 4 years with little of no help, I think the only thing that is kept us in the fight was that I had some knowledge of how the Mortgage industry worked.
    We jumped from the frying pan into the fire, we refinanced through Hsbc to get out from in under a 20/80 interest only loan and a company that kept applying our payments to principle and then trying to collect another payment.
    We live and learn and pay a high price for lack of knowledge but in the same sense no one deserves this.

  125. First off Kelley did you receive my info cause I didn’t hear back from you. I just received a form from legal aid on Saturday. Its a form for me to sign requesting a modification through the RMFM program. Looking into the program it sounds alright because what it does do is make the entity sueing you provide proof they own the loan before they can wheel and deal with you. To me this seems like the way to flush out the true owner of the note. Unless of course the banks are allowed to continue pushing through with bogus assignments, if thats the case the program doesn’t change anything!

  126. I have s large letter. Please read it at http://www.givemebackmycredit.com/blog/2010/05/homeowner-asks-hsbc-who-is-mers-what-the-heck-is-going-on-here.html#comment-4916

    I am really upset and confused and stressed over all this.
    Is there anyone to help? I mean my lord, my husband has a good job but that doesn’t make us the rockefellers!! What is it that we are supposed to do?
    I received an email from ESOP (local loan mod agency that is helping us) today and it says that the back refuses to help so I needed to call the bank and get on the payment plan. Well I called (I talked to a lady named Jana)and they want $9377.08 in order for us to start a payment plan. We don’t have that kind of money. She told me to borrow it…borrow it? Who in their right mind is going to give me that kid of money? My dad is 73 and works at our local walmart. He doesn’t have it to give. My county (columbiana county) here in Ohio has a high foreclosure rate to boot. Nothing is selling.

  127. LisaMarie, you mentioned Legal Aid. May I ask how or where to turn for that assistance? You can email me directly at Kelly@Take2Creative.com.

  128. lisamarie, a homeowner should not enter into ANY loan modification even if you are “COMPLETELY satisfied with the terms.” 99.9% of the time a loan mod is not only a waste of time and effort, but only digs the homeowner into a deeper hole. Moreover, there’s a criminal trap, in the process, we issued a press release on this fact a year ago, you can find it on our webpage

  129. 0U812, RE: HSBC as trustee for Wells Fargo Home Equity AB Certs 2005-2. Did you ever find Wells Fargo Asset Securities Corp. 1999 Trust (formerly Norwest Asset Securities Corp). Lotsa stuff in there, take a look.

  130. KJP2U, eye 8 one 2.

  131. Right! And are they the true party to modify your loan? I would think that by signing any new kind of modification loan agreement, that we would almost be reaffirming a debt in another banks name, when the original loan was fraudulent in the first place. My thought is to NOT enter into ANY loan modification unless you are COMPLETELY satisfied with the terms. It’s probably a non-issue anyway, since all we can seem to get are “Special Forbearance Agreements” when we are forced to default and then completely broke, so we don’t qualify as a result of all the credit card debt we’ve incurred.

    Someone has got to investigate what HSBC is doing with all these homes in which they are the highest bidder in “Public Auctions.” Wells Fargo and other banks have HSBC listed as the Trustee of most of the Trusts I’ve seen.

  132. I agree 1000%, In my case its like the bank says ‘Yeah, you busted us committing fraud, so for that we won’t kick you out of your house, instead we are willing to ‘modify’ your loan and have you sign a new note that is enforcable!’ Wow, will it ever stop….

  133. Should banks be allowed to negotiate any “mediations” through the Court in order to qualify borrowers for any (HAMP, etc),government programs, to keep homeowners on the “paying hook”, when a forensic audit proves the mortgage was founded on any “fraud” commited by the lender/bank?
    Why would courts allow banks to negotiate with any(mortgages)”fraudulent instruments?” Shouldnt these fraudulent loans be immediately nullified, and those banks knowingly attempting to foreclose be subject to stiff fines by the Court, which could force banks to pay the court for it’s abusive practices in that State? I believe if Congress passes the right bill disallowing foreclosures when the forensic audit proves the bank used fraud, then thousands of homes could be saved! It would immediately stop the overflooded dockets in the courts! This would be the true “save the dream” for so many American homeowners!
    Andrea Guice

  134. My assignment was also prepared by HSBC, From HSBC to HSBC!

  135. Kelly Peterson: Do you think you can email me directly at monika@monola.com with a little bit more info on how to search the SEC website and what it is you printed out from there. I am unfamiliar with all of this but I need some urgent help. I would really appreciate it.

  136. Thanks Ann for posting my link… myhousenotyours@gmail.com has been getting numerous emails requesting more info on my situation. So, for all of you writing to me asking for my details… please read the link below that Ann posted on HSBC. I’m the “average Joe” that Matt Weidners Law firm is refering too.
    I would like to appeal to anyone out there that has more copies of these “questionable assignments” to PLEASE email me a copy of them to: myhousenotyours@gmail.com so we can compile more ammo for our case. We are going to fight them and expose this corrupt practice, so please email your assignments. For those of you who are unsure of how to find your assignment of mortgage, go to your County Court House (online or in person) and visit the Clerk of the Court. They have the assignments filed there, you may just be shocked at what you find out!
    LETS ALL STAND TOGETHER AND EXPOSE THIS BEHAVIOR FOR WHAT IT IS…. FRAUDULENT!!!!!

  137. A Big Fat Steaming Pile of Bogus Assignments– Look out for HSBC Bank!
    Foreclosure Matt Weidner Esq. at http://www.mattweidnerlaw.com
    I’ve been at this practice of law thing for a very long time now. One thing that was made very clear to me from the moment I ever thought of stepping foot in the courtroom was that you never…ever lie. Now that’s not a problem for me or most attorneys because not lying to the court is wrapped right up there tightly with the respect I and most attorneys have for judges and the court.

    Foreclosure Fraud- Total Disregard For Courts, Judges And The Rule of Law

    The lack of respect for the court and for our system of laws is one of the things that makes me just furious about the Foreclosure Fraud Fight many of us are currently engaged in. So our system of laws and respect for judges and the courts has broken down so badly that the Supreme Court has to pass a rule, requiring parties to specifically swear to the truthfulness of what they’re filing….oh and even after the rule is passed, the lying wrongdoers just ignore the Rule…and there apparently aren’t any consequences…..anyway, I digress…it’s just that I’m blown away that the fraud and lying has become so widespread.

    An Average Joe With a Bombshell Set of Documents

    So with that as the backstory, let me get to the heart of this stinking story. Into my office today walks a regular Joe. Not an attorney or someone with any legal training, but a bright guy with a head on his shoulders who just happened to be getting foreclosed on by HSBC. He thought that was strange because he never borrowed any money from HSBC and didn’t know who they were. He didn’t just roll over when they sued him, he demanded they show him proof that they were entitled to sue him, so they filed an Assignment of Mortgage. Hang with me here because now’s when the story gets good. The Assignment of Mortgage that allegedly gave HSBC the legal right to sue him looked suspicious to Joe so he started calling around….he called HSBC.

    Turns out the woman who signed the Assignment of Mortgage which purported to give HSBC the right to sue him was signed by…….an employee of HSBC, Michelle Ragland. Not only that, but the witnesses and Notary Public…all of them are employees of HSBC. So just so we’re clear here…HSBC executed the document they later submitted to the court which they claim gives them the right to sue my client. Now this would be bad enough if it happened just once, but as he started digging around in courthouses across the country he started finding more and more such questionable assignments.

    I’ve attached a sampling of these questionable assignments here…look closely at each of them. Michele Ragland, Jamie Giglio, Christopher Ribbeck. Scroll through each of the Assignments and look at the names, look how they switch from witnesses to Vice President. Compare each of the alleged signatures against one another….don’t they appear different? Next look at the names these questionable assignments are being executed on behalf of….Wilmington Finance, Accredited Home Lenders, Decision One Mortgage, Ameritrust Mortgage…..who knows who actually holds the note in each of these cases, my guess is they just pulled the name off the mortgage and just popped that into the old word processor.

    And look who else is part of this whole questionable party…..our old friend MERS.

    I wonder whether any of the lenders on whose behalf these mortgages were allegedly assigned actually granted the signers the power to assign these mortgages?
    I wonder whether MERS granted these signers the authority to sign these documents?
    I wonder whether the Federal Bankruptcy Trustee granted authority for these signers to transfer bankruptcy estate property for those lenders that were in bankruptcy when these alleged transfers occurred?
    I wonder just how many more assignments there are like this out there floating around?
    I wonder how many families have already lost their homes or who will lose their homes based on Assignments that are so questionable on their face? (I mean, the documents say, “Prepared by HSBC” on their face…isn’t that enough to make anyone say…..HOLD IT!”)

    Anyway, for all you out there who are being sued by HSBC….take a close look at your assignments….for all you attorneys out there….pull through your files and have a close look. For all you pro se advocates out there…let this be an example of the game changing, bombshell work that you can do and the massive contributions you can make to the fight against Foreclosure Fraud. Keep digging, Keep Fighting.

    And for you Average Joe….please respond to this post so that others can do the same work you did and forward these questionable assignments to you. Great work…maybe the ball you’ve started rolling will end up like the federal investigation of the Lender Processing Services

  138. LISAMARIE: I am at the beginning stage of my lawsuit with HSBC, who already foreclosed on me and sold it at auction for $100K below market value. There was never any record that I could find that shows they had title to my home, as the loan was sold to them in 2005. I would really appreciate knowing more about your case against them as it may help mine. Please email me at monika@monola.com. Thank you!

  139. Well, let’s just say that I’ve spent a little over a month about 13 hour a day on the computer doing research and reading. I didn’t gi to PI school for nothing.;) You can start by going to http://www.secinfo.com and register for free. Much of my research was instinct. You have to click on link after link after link. If you’re with Wells currently, just do a search with the word “Wells” and go from there. You better hurry though…someone is in there changing things around and thank goodness I used about 10 reams of paper to print it all out. Look for something that says Alternative format. They’re also getting sneaky by using graphics instead of searchable documents. Fortunately, I have so much fraud in my original documentation, I don’t think anyone could get their hands on our property no matter what document the other side showed up with, but it’s good to be able to prove to a judge that your loan was sold off. I was able to actually find the Trust that my loan originally went into…so I’ve got a lot of Wells Fargo Loan numbers…just don’t know exactly who they belong to yet.

  140. Kelly Peterson

    “I may have the 4″ thick document that proves they sold your loan”

    How can i get a copy of the 4″ incrimination [oops] i mean documentation you are referring to !?
    TIA
    freak 4 u atcomcastdotnet

  141. To myhousenotyours: I’ll be getting back with you and give you all the details of my case from beggining to end if you wish and anybody else thats interested. Thank you all so much for your wisdom and shareing your knowledge. Thank God for this site.

  142. My Lord that does make me feel better. I’m losing sleep over this. Just waiting for something to blow up in my face. Actually legal aid now has my case. They defended me the second time in court(feb 2009). they do want me to do the loan mod which I have not even seen the terms to yet .They are considering this the win .I would also if I had not came so far and learned so much from this site. I really am afraid to say no for fear of losing representation and afraid to say yes for fear it is a big mistake. I know a loan mod is not in my best interest, my gut is telling me and now you are telling me. I wish we could gather a class action against these crooks. I wonder how many loans are lost and where the heck they went. Nobody had my permission to play with my house.

  143. If you’re in a securitized loan situation such a Wells Fargo Alternative Loan 2007-PA3, HSBC will be the ones to foreclose on you…watch out…they are forclosing on people that are in Trial Periods. They also tend to be the highest bidder in so-called “Public Auctions” buying houses the the owners had a mortgage of $426,000…HSBC bought it as the highest bidder for only $200,000!

    Tell me that homeowner couldn’t have afforded THAT forgiveness of principle!

    If you are in California and purchased your loan after Jan1st but before April 15, 2007. I may have the 4″ thick document that proves they sold your loan.

    I thought Wells Fargo bought my loan from GN Financial before closing escrow….it’t sad that most homeowners don’t have a clue and let Wells Fargo Bank, NA foreclose on them!

  144. LISAMARIE: I too am fighting with HSBC in Florida, can you email me at myhousenotyours@gmail.com and perhaps we can share our experiences? I’m having to go at this myself (due to finances) and any help or advise would be MUCH appreciatedl.
    Thanks,
    Scott

  145. Hi Lisamarie:

    I agree with Usedkarguy, you may have won the lottery. However, you do not want to “modify” your loan, you want to “settle” the law suit–BIG difference. “Modification” brings with it too many adverse problems. “Settlement” is a whole different animal, you can ask for what YOU want, everything is negotiable!

  146. lisamarie, I think YOU’RE THERE! It sounds like it’s time for a quiet title action. You are essentially asking the court to declare that the debt cannot be verified and you want the title to your home cleared. They can’t offer a modification that means anything because they can’t produce the original note to satisfy. Congratulations might be in order! Good Luck!

  147. I’ve been in battle with HSBC since oct. 2007. Weve been to court twice now. The judge ordered them to produce the note as part of demand for production. They have not. That was over a year ago. Now HSBC wants to offer a modification stating they dont want to litigate. I only want to be treated fair, but what if they are not the holders of my note? What if its in a pool elsewhere? How do you find your mortgage? How do you know who your dealing with?

  148. this is for Sam who said on Dec. 22nd –

    My loan originator was Fremont Investment & Loan. It was later allegedly assigned to HSBC, but there is no document recorded to prove this. The Plaintiff is HSBC Bank USA National Association, as Trustee for the Fremont Home Loan Trust 2006-D. I’ve got these guys by the balls, as well as the law firms representing them. We are about to file for sanctions, ans possibly get the suit dismissed with prejudice, and them, we go on the offensive with a MASSIVE counter-suit.

    I to have a loan originated by Fremont – 2006 and supposedly assigned to HSBC. email me any pertinent information regarding your class action suit of which I’d like to be a part of. my email address is emailintersect@aol.com

    thanks!

  149. this is for Sam who said on Dec. 22nd –

    My loan originator was Fremont Investment & Loan. It was later allegedly assigned to HSBC, but there is no document recorded to prove this. The Plaintiff is HSBC Bank USA National Association, as Trustee for the Fremont Home Loan Trust 2006-D. I’ve got these guys by the balls, as well as the law firms representing them. We are about to file for sanctions, ans possibly get the suit dismissed with prejudice, and them, we go on the offensive with a MASSIVE counter-suit.

    I have the same scenario only the trust involved here is HOME EQUITY LOAN TRUST SERIES ACE 2005-HE5 – have you made any headway with your case, Sam? If you can refer me to someone in NJ or someone who may know a NJ lawyer to handle my case, please email me back @ jeffrey.ransom@baml.com. Thank you.

  150. Hi,

    I just found out yesterday that my home has been purchased at an auction by a third party in the midst of a modification with HSBC. They had told me repeatedly on the phone that they would not foreclose on me during the modification process and after postponing the foreclosure once, never notified me of the new date, which was yesterday. I’ve been working with them since October 2008, sending my paperwork at least 4 times, never receiving any return calls…etc. When I asked in Feb. when the foreclosure was postponed to, they told me that there hasn’t been a date set. Well, there was, and while they sent me letters telling me they are working on the mod. they didn’t send me a single notice of yesterday’s foreclosure. I want my home back, the flippers that bought it are already calling me to see it. Is there anything I can do now that the sale took place? I live in California which doesn’t have a redemption period. Can anyone suggest a good attorney that can do an audit on my loan docs? The loan originated with Flagstar and was immediately sold to HSBC back in Jan 2005. Anyone that can suggest anything I would really appreciate it.

  151. Hi Dana:

    Just in the last week we stopped HSBC three times from foreclosing. Give us a call 1-(800) 540- EXAM (3926).

  152. Reggie,

    Did you get my email????

  153. I personally have been fighting HSBC for 3 year and have gone through every program with no results it seems that they are beyond the law and can lie, steel and decieve and get away with it. it would be nice to hear some success stories ours has come to an end we are in Bankruptcy. I do have several people who are asking for class action but I have no idea where to start, If you have any ideas I am at Dottwell@hotmail.com

  154. Sam,

    Please contact me. I’m fighting the same Crooks as you.
    HSBC, Fremont, and Wells Fargo

    I have filed a suit against them in Maryland.

    video95@gmail.com

  155. Storm,

    I remember checking this case out.

    Subsequent to the entry of the jury’s verdict, the trial court reduced the verdict from $1,250,000 to $250,000. The trial court’s reduction of damages has recently been appealed.

    Has there been a decision regarding the appeal?

  156. Sam, go to our website (www.mortgagefraudexaminers.com) and you’ll see where a woman got 1.25 million from Wells Fargo. The million was “punies.”

  157. Does anyone have examples (links to case decisions) that display the amounts of awards, including punitive damages, when the homeowner wins, on anything?
    1) Wrongful foreclosure
    2) Fraud
    3) Deceptive Sales practices
    4) Predatory Lending
    5) Filing false documents with the courts
    6) Sanction Awards

  158. Good stuff Storm!

    As I have taught myself what is right and wrong in these foreclosure proceedings, it is obvious that MOUNTAINS of evidence exist that should have prevented these foreclosures from ever getting filed in the first place!

    The law firms are culpable as are the banks, AND the Wall Street Syndicates. Wait until the REAL Investors accumulate enough evidence to prove Breach of Fiduciary Duty. It’s there, and they know how to get it.

    More Wall Street Firms will go down. And everyone that has a mortgage that is securitized can potentially get rid of the debt completely.

    Either as an unsecured debt, or if there is a (or multiple claims as in my case) claim of fraud……Jackpot!!

    Let’s line ‘em up and knock ‘em down.

  159. Sam:

    We just audited two different cases in Maryland and found the Substitute Trustee (law firm) was appointed by an individual who is allegedly V.P. for several different banks. This evidence stopped both foreclosures dead!

  160. Here are yet more flaws to consider if you are being attacked in Foreclosure and the Plaintiff is a Securitized Trust:

    1) Every Securitized Trust is goverened by several agreements which can normally be found at http://www.sec.gov. The “Pooling and Servicing Agreement” spells out exactly what powers each player has, and what they can and cannot do. The “Servicer” is normally the entity empowered to foreclose, not the Trustee or the Trust itself. The powers of the Trustee are very specifically limited in order to limit the liability of the Trustee. Read this document. It is evidence that will blow them away. So, who actually hired the law firm that is foreclosing against you?

    If the Trustee DOES NOT “ACT IN GOOD FAITH” it is liable for damages. It is totally UNPROTECTED if it caused this Wrongful Foreclosure without the power to do so AND the law firm knew this prior to initiating the foreclosure….. If the law firm did due diligence, which the court requires.

    2) Also, if you know how to search the Trust filings on the SEC web site, look at the “signature pages” of all the 10K reports and other documents. You may find evidence of common ownership, management, and collusion. I did.

    3) If the Trust owns or has been assigned the Note, but the Originator still owns the Mortgage (check recorded documents and assignments), then the note may be considered unsecured ( see other BK Cases) and filing Chapter 7 bankruptcy might be an alternative to look at.

  161. Here is another flaw if you are being attacked in Foreclosure and the Plaintiff is a Securitized Trust:

    As described in the Massachusetts Case of US Bank vs. Albanez, after the Originator closes the loan, the mortgage is sold several times before it ALLEGEDLY ends us in the hands of the Trust.

    2 critical points blow the foreclosure out of the water and may be used as evidence against them for fraud and criminal violations:

    1) The sales of the mortgage are never recorded locally, yet the prospectus normally requires this, as does State Law. Therefore the Trust can NEVER prove they own the mortgage and have standing to foreclose. If any law firm ever did due diligence, this would scream at them. And all the Affidavits by the Servicer and the Law Firms representing the banks are evidence of Perjury and collusion. 60 million cases of perjury and fraud.

    2) The entities between the Originator and the Trust are almost always NEVER members of MERS. Therefore, according to MERS Rules, the mortgage is supposed to be assigned out of MERS, to the non-member, and then back in again, if it ever gets recorded. Whoever signs the alleged assignments as “MERS Certifying Officers” is also guilty of Perjury and Fraud. Often times, this MERS Certifying Officer is a top attorney for the foreclosing law firm!!!!!!!

    You can then get SANCTIONS against all the parties and get reimbursed for all your legal fees

  162. usedkarguy,

    I sent you an email 2 days ago. Did you get it?

    On a side note,does anyone know……

    Can a REMIC buy a mortgage that has been in default for 10 months? and

    Can a Lender assign a mortgage to another entity AFTER it has filed Chapter 11 bankruptcy and while the BK Reorg is pending? I thought the BK has total control of all assets while in BK. Yes?

  163. Sam, I need to talk to you. You’re in Illinois if I remember correctly. E-mail me at usedkarguy@yahoo.com.

    Thanks, rpr

  164. My Precedent-setting case is about to heat up.

    I have uncovered evidence that proves that not only are the two banks involved guity of fraud, but the law firm representing them is a co-conspirator! Proof, not heresay. Oh my…

    There might be a “perp-walk” at the law firm!!

  165. Today I went to the Dallas County Court House and filed my QWR for “Show me the Note”. Court clerk said there would be a hearing scheduled and that for the time being the Default Judgement was stopped from being issued or signed.
    What’s next?

  166. usedkarguy –

    You told Hungary – “…Hungry, I just noticed your post. What you need to do is retrieve the filings of the mortgage and note, with all the assignments, and verify that the the loan was assigned properly before they started the foreclosure (chain of title). ”
    How do I start that process for myself? I am the homeowner and live in Dallas.
    After Neil posted the MUST SEE .ppt presentation recently, I noticed in the copies of my ‘perfected’ paper work there is an allonge, a stange looking assignment wiht no notary seal etc.
    HSBC’s local attorneys here in Dallas incorporated all these new docs after their first case got thrown out – the judge was smart enough to notice / discover the proper assignments had not been properly done since I performed this CASH OUT ReFi in July 2004.
    Now all of a sudden the assignments are supposedly done C O R R E C T L Y and they want to push forward for Default Motion and get the judge to sign a Home Equity Foreclosure Order and auction my house.
    Please see my previous posts and offer me your insight if possible.
    Thanks – CAD55KEN.

  167. I too am fighting HSBC -Bank USA, National Association As Trustee for the MLMI Trust Series 2005 – WMC1.
    Foreclosure proceedings were instituted against me prior to any proper court recordings taking place. The judge threw out the case. They attempted to have the case reinstated after having all the proper assignments created / made. The case was not reinstated.
    Now they filed a Motion for Default Order.
    I have passed the date required by Texas Civil Procedures to file a response – however, this past December 22, I spoke to the court clerk and they urged me to come down and file anything I felt would be pertinent to my case and they assured me it would be put into the file for the judge to review. I plan on filing the “Show Me The Note” defensive tactic tomorrow morning.
    My servicer is Wilshire Credit Corporation. I have tried to no avail to “settle” for fair market value with no defeciency flollow on judgement. They listen, ask the same stupid questions every time I call, and continue to push me towards a HAMP modification based on my unemployment income.
    I submitted a short sale request with all the proper docs, hardship letter etc. Prior to submitting this, I called and got Wilshire to go on ‘record’ as having granted me permission to perform a short sale with my parents as the buyer. A loan work out officer called me within 5 – 6 days of submitting my request and told me that could not be done due to the fact that it was not an ARMS LENGTH transaction, ie- family to family. However, in the same breath this same officer encouraged me to find a ‘disinterested’ third party that was not related by blood or marriage and it be someone my parents and I could trust and perform the short sale with them, with my parents fronting this ‘friend’ the money for the transaction. I aked if I were to find such a person and we could get the NPV numbers to work out, would Wilshire / HSBC care if I continued to live in the property and they replied “…we don’t care what happens after closing – that’s between you and the ‘disinterested third party’. I asked how would I get the property titled back in my name and it was suggested I get an experienced real estate attorney involved and have the disinterested third party do a ‘Quit Claim’ and file it with the county court house.
    Local real estate attorneys in Dallas asked me if I liked striped bed clothes and living in jail.
    A few weeks later I called in again to speak to the same loan officer as I had found evidece of and spoken to a real estate broker in California who successfully closed a short sale between a son, his parents and Wilshire and was willing to provide me a copy of the final agreement- I was told he was not available at the moment BUT let me review your case AGAIN – so we rehashed all the same data AND then this 1st tier call taker in the Loan Work Out Department suggested I submit a short settlement agreement again indicating myself as the only person involved for the BPO amount on record and that it would probably be accepted. I have not done this yet.
    Now HSBC’s attorneys claim boldly they have the title perfected and are filing a Motion for Default judgement under a NEW cause number. This new cause paper work arrived to me Christmas Eve morning by US mail. I hope the judge has not signed the order for foreclosure sale yet.
    When I file my “Show Me the Note” defense tomorrow morning, I want to follow up with the court and submit copies of all of my records showing I have attempted in good faith to come to a mutually agreeable solution but Wilshire has not responded. I am not sure of the format or procedure to introduce statements of this kind.
    Any comments or suggestions from anyone would be appreciated – CAD55KEN.

  168. BTW everyone fighting these same clowns is also is invited to the party…

  169. UKG,Sam..
    the tale goes..
    Broker. fremont . hsbc. wells master servicer. litton loan servicer,
    ace securities 2006 –
    these are the thieves on my list.
    email me & lets compare notes.. start a class action suit.
    freak4u @ comcast dot net

  170. I beleive I can also be a major player in a class action law suit against HSBC. I’v e been before the judge twice now, he has asked them to prove they are my note holder. The second time in court they filed a piece of paper ststing “Filed original Mortgage note” ” Filed original assignments”. The Judge went flipping through the file and all they had produced was the same shoddy unrecorded corporate assignment for the second time. The judge was not happy and court was put off again. Also incidentally in my case, a notary came out to do my closing, she was a black woman. When I went to do a little PI work on my own, looking for my loan docs and note, I found the notary on the internet, and she is white. No name mix up, different person! Not for nothing, that is weird. Now all my original loan documents and note are gone? No where to be found?

  171. The accounting is the proof of the fraud. When we refer to FASB 140-3 (Extinguishment of Liabilities) and you apply those standards to the REMIC trust, you will find that the trust is merely a “shell” that really does not contain the loans. The loans are deposited elsewhere and the revenue (or a portion thereof) is “pledged” to the trust. The crimes are committed when they start doing the assignments after the borrower has already defaulted, and the securitization, or “chain of title”, starts running in reverse. Like Maher said, the “borrower’s default” is the “trigger event”, not the implosion of the trust itself. With all the proceeds coming from the CDS’s, the trust never reaches “receivership”, or bankrupt status. The tax law governing REMIC trusts was established to create “tax-exempt status” on the borrower payment amounts until they were distributed as “dividends” to the investor. All this money pouring into the “Z” tranche, or “irregular income” tranche, is collected by the sponsor, not distributed to the investors. It really takes an accountant to explain this to a judge, or bankruptcy trustee for that matter.

    Thanks, Sam.

  172. usedkarguy,

    I have an attorney also, but in my situation, the “brains” of my team reside in the accountant, not the attorney.

    And this is not to belittle the attorney. This is to elevate the accountant beyond the norm of expectations.

  173. FYI,

    My “Angel” is a Forensic Accountant, but, after interviewing
    as many attorneys as I have in the past 16 months, I know that he has greater knowledge and skills than 95% of the attorneys in Illinois, when it comes to fighting foreclosures.

    I will speak to him to see if he wants to put his name out. He’s an older gentleman (around 70), so I don’t know the extent of the case load he would consider taking on.

  174. Maryland attorney: Brian Maul, won a case against Wells Fargo (Thomas vs. Wells Fargo)

    Gordon & Simmons, LLC

    603-B West Patrick Street

    Frederick, Maryland 21701

    Phone: 301-662-9122

    Fax: 301-698-0392

  175. Sam, thanks for the feedback. I am a homeowner as well. Haven’t found a qualified attorney I can afford, but I will be borrowing cash to retain someone, probably Dave Leibowitz out of Waukegan, IL and Kenosh, WI. This guy is on the cutting edge as well, although he didn’t really strike me as being that aggressive out of the gate.

    I have doctored asset statements and fraudulent assets listed, as well as bad education and employment info. Yes, wire fraud, fraud in the factum, inducement, etc. RICO charges come from them doing this over and over to many borrowers.

    We need to talk. My e-mail IS usedkarguyatyahoodotcom. I have to work today at noon, but I will be home tonight to return your call. I am in Wisconsin. I have documentation at the FBI, COC, Wis.Dept.of Finan. Insitutions, and a gal at the Justice Department.

    Let’s compare notes.

    Merry Christmas, Everyone!

  176. Sam
    Need your Angel’s name and contact info, he should be on our list and helping others if he is that good

  177. Sam,

    What state are you in?
    I am in Calif.

    If you have Case Files
    that it is OK for you
    to share I’d sure like
    to see them.

    Sounds like you’ve got a successful strategy in action.

    Please drop me line:
    Deontos dot is @ gmail dot com

    Thank you
    (I am a homeowner!)

  178. usedkarguy,

    Are you a homeowner/defendant or are you an attorney, accountant, mortgage broker, or someone else?

    I am a homeowner that began defending myself pro se, partly because all the attorneys I met are stupid, uneducated, and still want to charge a top-dollar retainer, and/or are defrauding most people by claiming to defend them, when in actuality, they are only buying the homeowner a little time to eventually force them into a loan modification that is worse than the mortgage they already can’t pay!

    Then, I met an angel that converted everything I saw into proper legal format, and now we are kicking!

    My mortgage has no fewer than 12 state and federal violations, with fraud at the top of the list. My angel has stated that in the 40 + years he has analyzed cases, he has never seen a case like this, with virtually all the potential violations that could occur, have occurred, with absolute proof clearly visible on the face of the documents.

    It could be heading into a RICO case, and including all the “securities laws violations” as well, and perhaps money laundering.

    It’s a pretty crazy scenario. AND, the law firm representing the lender forged documents and swore under oath that documents existed, and they don’t!

  179. usedkarguy,

    My loan originator was Fremont Investment & Loan. It was later allegedly assigned to HSBC, but there is no document recorded to prove this. The Plaintiff is HSBC Bank USA National Association, as Trustee for the Fremont Home Loan Trust 2006-D. I’ve got these guys by the balls, as well as the law firms representing them. We are about to file for sanctions, ans possibly get the suit dismissed with prejudice, and them, we go on the offensive with a MASSIVE counter-suit.
    And I do mean MASSIVE. More than 12 parties…banks, brokers, law firms, securitized trusts, Wall Street Syndicate….every-fuckin-body!

  180. Sam, you wrote on the 11th Dec. you had an issue with HSBC/Wells. What is the name of your trust? Who’s involved (counterparty, securities underwriter, sponsor, originator, custodian, etc.)?

    Mine was HSBC as Trustee for Wells Fargo Asset-Backed Certificates 2005-2.

    Advise, as we may have notes to compare.

    Thanks, UKG

  181. Call Dan Gray at: 703-204-0164

  182. Can anyone recommend a good attorney in Maryland who “gets it”. I also have a laundry list of documents with my signature forged. I requested the documents from the closing company when I was researching the terms of my re-finance. I found so many documents which were never submitted to me at closing. Someone forged my signature to complete this loan package. Forgery was among a list of other violations on the package.

  183. Sam, go ahead and contact me at: legisman@yahoo.com regarding HSBC

  184. To all victims of HSBC, Fremont, and Wells Fargo:

    My fight against these crooks is just beginning, but I have an unbelievably strong case against them. I may very well be a lead plaintiff in a class action. I’m estimating that my mortgage includes no less than 12 violations of state and federal law, all provable via documentation. I’m in Illinois and this will probably be a precedent setting case. I do not know how this website facilitates the networking of people with a common cause, but I am open to establishing a head count for the coming class action. This means getting an understanding for how many potential cases exist, and what the violations of each case are. Any comments are invited.

  185. I too have been fighting with Hsbc for years and nearing the end of my battle, they have no respect for Americans or the court systems here, We are on the brink of Bankruptcy and we are financially ruined because of them. I have done a lot of research on them and I believe that the only recourse foe most people is a large class action suit. If you have any advice let me know I can use some, I am at my breaking point.

  186. usedkarguy

    thanks for the response. i am actually going thru the process of doing the chain of title. ive gotten the paperwork from the title company and showed them to a couple of attornies and they felt that i have a strong case. weve had a ud trial thats ongoing for the last 3 weeks, so hopefully we can make it out of there. ive talked to msoliman and im hoping he or someone can represent us, thanks.

  187. Hungry, I just noticed your post. What you need to do is retrieve the filings of the mortgage and note, with all the assignments, and verify that the the loan was assigned properly before they started the foreclosure (chain of title). Are you still in your house? Has there been a sheriff’s sale? Even if you have moved out, see if the house is vacant and move back in. If the bank still holds title to the property, you should be filing a bankruptcy or another civil suit and filing a lis pendens on the property (notice of litigation). You can’t do that, however, until the action is filed. The title to the real estate is clouded by all the successive interests created with your note. Start reading, you have a lot of catching up to do!
    This is not legal advise. This

  188. Hello, I was forclosed my hsbc almost 2 years ago, the original lender was with option one. Ive heard that its illegal to be forclosed on by anyone but the original lender or note holder. Let me know, if it is illegal, is it to late to take hsbc to court for an illegal forclosure?

  189. Elizabeth I emailed you some info, its pretty much what I’ve been saying. HSBC in responce to a demand for production, filed shoddy corporate assignment dated AFTER my foreclosure filing. When told by the JUDGE for the second time to produce original loan docs, HSBC once again filed the same shoddy corporate assignment, with a note that said, “FILED, ORIGINAL MORTGAGE ASSIGNMENT”. Blatant liars. Not un-noticed by the judge. My case has been postponed twice now due to HSBC NOT cooporating with court orders. So, we rock on. Now in responce to me filing a right of recsission, they produced a right to cancel form with my signature on it that I’ve never seen in my life.

  190. lisamarie, can you email me at liztlaw@gmail.com to tell me about fraudulently signed documents by hsbc? because I have a hearing at 11 –hsbc has sued me for foreclosure and the summary judgment hearing is today and I would love to be able to tell the judge about this

  191. Hi Lisamarie,
    I am in foreclosure with Hsbc myself. Please let me know how is it going!
    My email is : LECSO@BELLSOUTH.NET

    THANK YOU,

    Arpad

  192. Yes Elizabeth I would Love to tell you more about this. If your in default now, they ran down at the last minute before filing a foreclosure on you and got a ‘corporate assignment’ Its illegal . You dont go get an assignment on a mortgage thats already in default. You however are in good shape, because if your like me they ‘lost’ all your original documents anyway. The corporate assignment is no good. Are you facing foreclosure?

  193. lisa can youplease tell me more about this. hsbc holds my mortgage and they have an “assignment” that was signed in march 2009 that they claim reflects a deal done three years earlier.

  194. Graet !!!!!!! hsbc is the english opium trade bank from way way way back

  195. HSBC has some dirty, dirty, legal guns. They have even forged signatures (paste and copy) when they could not come up with the paperwork they needed. no matter how slight, they will not lose if they can help it. Right or wrong. If they don’t have the paperwork they need to assist in foreclosing, well, they’ll just make it. I know this first hand!

  196. hsbc is the english opium trade bank from way way way back

  197. Yes, That’s it! HONG KONG SHANGHAI BANKING COMPANY! And you thought it was just the old “Household International”. Now I don’t feel so bad, knowing it’s the Chinese Communists I’m taking down.

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