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Old 03-15-2008, 08:34 PM   #1 (permalink)
Redeemed
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HSBC/CHASE Nightmare!!

On August 3, 2005 I bought my first home. The mortgage holder was Resume mortgage who have since filed bankruptcy and sold to Credit Suisse. The second month into owning my home, I was notified that my payments (1st and 2nd mortgage) were to be sent Chase, LLC as servicer of my account. The first payments to Chase were due and paid in November, 2005. On January 18, 2006, Chase informed me via letter that the servicing rights to my second mortgage were being assigned to US Bank, effective February 2, 2006.

On 6-3-2005, I was served with a Foreclosure Complaint. The complaint alleged that the payments from March had not been received. This is totally incorrect. Prior to the filing of Foreclosure I was back and forth with Chase attempting to get them to see that the 2 payments they were claiming were not paid had infact been paid. I sent a payment which Chase received and on May 30, (initially I did not send payment as they told me they would not accept anything less than what they demanded, after speaking with an attorney and being advised that after the 30th my payment would be deemed late Is ent the payment overnight - they refused to accept it as they had previously told me they would) this would have kept me current.

During the time that I was attempting to work this out with Chase, the representative “Anthony” and another by the name of “Cat” were telling me that I also now owed $4,000.00 in attorney fees. To this point no lawsuit had been filed yet they were insisting that I pay for attorney fee on top of the $2,000.00 that I did not owe!

My telephone calls ad faxes went unanswered by Chase as well as the attorney office in Fort Lauderdale.

We had a previous hearing on Motion For Summary Foreclosure Judgment in October 31, 2006. I presented my evidence to the Judge, along with a payment statement that I requested and received from Chase that clearly showed that they had received 6 payments from me. This was the correct amount of payments prior to them refusing to accept my payments and filing foreclosure. The Judge was not happy. He stopped the hearing and ordered Chase to “straighten out this mess” to date nothing, until approx 34 weeks ago they filed an amended Motion for Summary Judgment, this time stating that they had received partial payment of $535.00. What they neglected to state in the motion, is that this payment was for my SECOND mortgage, that at that time they were servicing also. They are now also claiming that I did not pay the Insurance and Taxes, and neglect to state that these two items were pre-paid for TWELVE months (1 year) at the closing, and my loan was not subject to escrow.

During this time I received a notice from Chase giving me a sale date of my home for May 25, 2007 although there had been no summary judgment hearing. They attempt to bully and intimidate and get away with it, it seems.

The initial Complaint claimed that they had “Lost the Note”. The assignment of Mortgage from Resmae to HSBC in care of Chase @.......was not executed until August 29, 2006, almost Three months AFTER the foreclosure was filed. Of course the Note remains “missing”. Clearly HSBC had NO interest whatsoever in my mortgage, if any, until August 29, 2006. They are unable to produce the Note that states they have any interest to my mortgage and the assignment was signed after the fact. Here is where is gets even more interesting;

In the mist of all this mess, Resmae, my original mortgage company, filed bankruptcy and sold out to Credit Suisse. Resmae’s bankruptcy was confirmed in June, 2007, both Chase and HSBC are listed as creditors. Who owns the note, HSBC, CHASE as the servicer...not! Or Resmae. Originally when the suit was filed HSBC listed Resmae as a defendant with me?? It is interesting to note that HSBC dropped Resmae, upon the Assignment of Mortgage being executed, or perhaps it was due to the Bankruptcy filing??? Either way, HSBC are unable to produce BOTH the Note and the Assignment, dated prior to filing of the foreclosure complaint.

HSBC were wrong when they filed, and are unable to admit that fact and continue to pursue the foreclosure. They have ruined my credit and I now suffer from high blood pressure. They have continued to report the foreclosure/keep it on my credit despite the fact that it is a disputed debt. I am unable to get re-financed away from these crooks.

It is unbelievable that this can happen in America. It is a crime that these companies can come in and totally ruin your life, your health, your future and get away with it. I will file chapter 13 if I am forced too, and if that being the case I will sue HSBC, their shark attorney and Chase for pursuing a foreclosure that they knew was unfounded. Goodness, Chase own payment statement shows that they receive the payments yet they continue to insist not received. They even claimed a payment to be NSF, for which I have the cancelled check and bank statement that proves otherwise. Why are these companies able to get away with this......it’s America’s shame.


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