HSBC North America Holdings Complaint

HSBC North America Holdings Inc. Mortgage department,

Conventional fixed mortgage Loan servicing, payments, escrow account New York

In a letter dated - -, -, - - -, attorney for Beneficial states, " I have confirmed with Beneficial that its pre-Petition arrears claim was paid in full, and that the debtors are up to date with respect to remittance of their post-Petition mortgage payments. '' This letter was addressed to - - -, -, Chapter - Bankruptcy Trustee regarding the Notice of Final Cure Payment and Completion of Plan Payments. In a letter dated - -, - from - - - by - - of HSBC they stated to the NYS - : " An audit has been completed. '' " We have completed reconciliation ... .and can confirm that the account status is accurate. '' " Account is current. The next payment is due on - -, - in the amount of $1000.00. '' Instead the next payments were applied to - - that should have been applied to - - per their letter to - - - of the NYS -. This starts the cascade of accounting errors.

They sent letters dated - -, - stating that we could lose our home because it was 30 days in default. They sent individual letters to both of us by regular mail and certified mail. They stated in these letters : " You can cure this default by making the payment of $2200.00 dollars by -/-/-. '' This is 15 days after they have sold the loan to -. Clearly this is an bogus debt and an illegal collection. HSBC/Beneficial sold our loan to - - as a distressed mortgage. This was not the case as we were up to date and even ahead in payments. In a letter dated -/-/- - - of HSBC included records of our account that show the -/-/- payment was made on -/-/-. In a letter dated -/-/- - - included a copy of a letter dated - -, - that states " There was a reconciliation completed on your account on -/-/-. After the reconciliation was completed, your account was due for the -/-/- payment and the remaining amount needed to complete this payment was $1600.00. The full payment for the -/-/- due date was not received until -/-/-. '' This is in direct conflict with the - - reconciliation, and the - - records referenced above that were sent post " - - reconciliation audit. '' In summary Beneficial confirmed that we were up to date through reconciliations and audits completed in -, - and - -. However that was not the information they sent to -. We have experienced ongoing problems due to Beneficial 's inability to inform - of their gross error.