HSBC North America Holdings Complaint

HSBC North America Holdings Inc. Mortgage department,

Conventional fixed mortgage Settlement process and costs New York

Re : Claim for repayment of unwarranted expenses which occurred during my mortgage refinance - **Players and Background : ** HSBC, - - - ( - ), and a certain party dba 'Mortgage Family, ' provided a mortgage refinance for me, paying off and consolidating my - residential mortgages ( - of the mortgages was with HSBC and the other with -. ) In the process, - disturbing issues arose out of fraud, negligence, or human error, which caused me avoidable expense, wasted time, and aggravation. I point out - issues below. **Issue I : Payoff Refused by - Under False Pretenses** - repeatedly claimed to have made a property tax payment on my behalf on - - which was not in fact made until - - according to - - ( - DOF ). - used this false claim as justification for - to refuse to accept a payoff payment from HSBC on - - in the amount and on the date that - itself had laid out in its payoff letter to HSBC dated - -, for my mortgage.

dropped its false claim that the payoff payment was insufficient due to - 's - - tax payment, a claim that seems fictitious, wrong, or perhaps intramural and should have been reversed. **Issue II : Negligence in Informing Me and in Taking Timely Action to Address** As sketched above, HSBC/- wired payoff payment to - on - -. The first I learned of any issue with the disbursal was in response to my email to - on - -. Neither HSBC/- nor - notified me of the week long delay. The negligence I would argue goes against a duty of both parties to inform me - which neither side did. **Issue III : HSBC Illegally Closed with a Higher Interest Rate than the Agreed, Locked Rate** HSBC 's salesperson - - confirmed that I locked the interest rate at 3.819 %. This was then documented in HSBC 's Loan Estimate dated - -, -, showing the agreed rate and that it was locked. The Loan Estimate further reads that " your interest rate ... can change unless you lock the interest rate. '' [ Italics mine. ] The rest of the Loan Estimate had major mistakes that I pointed out in an email the same day. HSBC issued a new Loan Estimate dated - -, -, correcting the portions stating that I needed " $330000.00 cash to close '' and that I was paying off " >= $1,000,000 '' rather than the the actual $870000.00 that had in fact been discussed. I failed to notice at that time that the locked interest rate had been changed to a new rate of 3.828 - and there was no notice to me and no discussion of a change. Unfortunately I did n't notice that change until after we closed. When I raised this with - - and with the Loan Processor - -, they both stated that it was in fact not a mistake but rather that the locked rate can change if internal estimates at HSBC change, which is why they purposely changed the locked interest rate. I told them that I doubted it was legal to change a locked interest rate, especially without proper notice, but they offered no adjustment.