HSBC North America Holdings Complaint

HSBC North America Holdings Inc. Mortgage department,

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

Beneficial continues to deny the assistance requested with our account and to compensate us for our time and the lack of customer service and the ongoing damage it has done to us. The following are the issues that have not been resolved : On -/-/- Beneficial/HSBC erroneously sold our home mortgage to the - - - Master Participation Trust by labeling our account as in default, and/or a distressed loan in trouble. Not only were we not behind in payments we were ahead. As soon as - began servicing our loan we contacted them to let them know that false information had been provided on our account by Beneficial. When - informed us in - that we were behind in payments we called the customer service number and let them know this was not true and we lodged a complaint. They indicated at that time that Beneficial 's records were a mess and it would take time to sort things out. We had been trying to get Beneficial to correct their mistakes prior to them selling the loan to - -. They did not complete any work to address their mistakes.

Beneficial 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. Question 2 : Why did Beneficial demand a payment of $2200.00 after they sold the loan to - -? Question 3 : Where is this money applied to our account? 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. '' Question 4 : Why was the - payment erroneously applied to the wrong date in our account? Question 5 : Why were the reconciliations of our account ignored? Question 6 : Why did you tell the NYS Attorney General and the Bankruptcy Court that our payments were up to date and then tell us we were in default? At no time from -/-/- to -/-/- did anyone at Beneficial indicate that they had made an agreement with - that - would be responsible for all errors that Beneficial committed on our account. Finally in -/-/- - - ( - ) stated in a phone conversation that there was an agreement and that she would personally contact - to make sure they held up their agreement. Question 7 : Why did Beneficial conceal the agreement they had made with - from -/-/- to -/-/-? Question 8 : Please provide written documentation of the agreement made with - - and -. A document is attached containing our payment history of our account with Beneficial. We need clarification on the following : Deferred Interest dates : -/-/-, -/-/-, -/-/-, -/-/-, -/-/-, -/-/- Deferred Interest sweep : -/-/-, -/-/- Further information in attached.