HSBC/CHASE Nightmare!!

[Redeemed]

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.

[Mary Salzer]

Thank you for joining and welcome to the forum...

I really, really recommend that you retain an attorney immediately and at the same time contact the State Banking Commissioner for your state, the OTC (OCC) and your State Attorney General's office...additionally you should file formal complaint to HUD - Chase is rather sensitive to all of the above...they are either regulated by them or have to answer to them. HUD is Homes and Communities - U.S. Department of Housing and Urban Development (HUD), the rest are available by goggling them and finding the web site and the complaint methodology. The problems that you have are by far to complex for us to help, however there is one suggestion that I would offer...QWR your file and find out just what there is in the Life of the Loan history that they are cranking out that is causing this mess.

Please, please retain an attorney immediately.

[Redeemed]

Thank you for your quick response. Can you please tell me what QWR is?? On more than one occassion that I have spoke to Chase, I spoke to them yesterday, they mention that the first payment they received was in January. This is totally incorrect, the first payment they received was in November, 2005. I jsut can't seem to get through to them. Now their attorney is trying all kinds of dirty tricks in an attempt to confuse the judge with regards to what the payment received were actually for, he has deliberately not informed the court in his motion that they held my second mortgage until February, hence the lower payments received. It is a mess. I will certainly file the complaints as suggested. I hope the Judge will again see that this is not what it appears to be.

[Mary Salzer]

QWR -You need to be the proactive, responsible party with them and keep at them. It would not hurt to send a QWR demand - there are examples of the letter in the Tool Box. In that letter demand your Life of Loan History, copy of Note, Deed of Trust, Riders, all Assignments of the Deed of Trust, TIL, Right of Rescission (if refi), Lender Final HUD-1, copy of initial loan application and final lender loan application, all disclosures and all loan documents in your file, copy of appraisal. Send this three times certified return receipt required and also send it to the Broker, Title Company and all others in the Chain of the Transaction.

This thread has a really good example:

My Countrywide escapade and Hi! - Foreclosure Questions & Mortgage Help With Loan Safe

[Redeemed]

Thanks Poppy. Is it too late to do this since there is another hearing for summary judgement on April 3?

[Mary Salzer]

No it is not to late, however I doubt that you will have it by then, you really, really need an attorney for that hearing. I am so totally urging you to retain an attorney. \

It is never to late to QWR a file and get the data that you need, make sure to send it certified return receipt requested and send 3 of them...they do get the picture that way.

[jarhead]

How can you find out if chase is the investor or servicer. I too have a loan with them in loan mod limbo and have no idea what to expect as we are told they are reviewing it company line but no names etc. I was thinking we belong to an investor who is crazier than us as the home is 75k upside down and we actually will stay and pay on it if they adjust payment

[Mary Salzer]

Nah, you ain't crazy...just a tad bit daft.....

Chase does not have to nor does any servicer who the investor is, there are ways to determine who they are if you know a title person they can pull an O&E, Owners and Encumbrances report on the property and you can find out who the Deed of Trust was assigned to. In Chase's case, they are very solid and the Note and such is in a very safe place, they do not loose their collateral, I have been on collateral reviews with Chase....they have everything in a very, very safe place....under lock and key with firewalls around the building, can not get a cell call in or out for love nor money....

There is a chance that JP Morgan owns the note/Deed of Trust, they sell between themselves a whole bunch. They also sold out to their own Trusts and CDO's but primarily through the JP Morgan side of the house....

You really need to call, call, call and fax, fax, fax....daily to get some kind of response from them, they are really bogged down and they are trying to get everyone handled, just, yep you got it not fast enough......

So, this is a second job...call, call, call and fax, fax, fax.....the squeaky wheel gets the grease....

[Redeemed]

Hi Poppy:

Who would I call to see if Reseame Mortage still hold my note. HSBC claimed to have lost the note, however, given the fact that the Assignment of Mortgage was not executed until 3/4 months AFTER the foreclosure was filed by HSBC, it is unlikely, I think, that they, HSBC held the note at a the time. I continue to receive solicitations which continue to name Resame as my Mortgage company. I would l think that 3 years would be long enough to update records to indicate the correct holder of the note. Thank you.

[Mary Salzer]

RESMAE is closed, shut down, imploded....HSBC bought a lot of mortgages from them at one time...the reason that you receive the mailers is that the original Deed of Trust filed on the property is in RESMAE's name....they pick that off the public records and send you the mailer.....they buy lists from the title company with that outdated data on them, the mailer lists do not go any deeper in the process than the original lender of record....RESMAE.

The lost note issue is great if you have the time and the energy to pursue it, however, the courts will reissue affirmation in most cases, there are a few in certain states that have required the note original, in the system....that is not the norm and certainly as much as I would like to say that it will solve everyone's problem, not necessarily the case. If you pursue a lost note, you really need to obtain legal counsel to assist you. They too will tell you that it is a very, very long shot that the lost note issues will assist you in a foreclosure situation as the courts are far more prone to error on the side of the lender/servicer and reaffirm the Note when the original is missing....9 times out of 10 mind you.

[Redeemed]

I hear you. As of Saturday, Chase are still only indicating the first payment as having been received in January, 2006, when in fact it was November, 2005. This would account for the 2 payments they said I was behind, unfortunately they would not listen to anything I had to say and rushed to file foreclosure. I was able to show the Judge that the amount of payments due at the time of filing (they would not accept my payments sent to them) had infact been sent, received and cashed by Chase yet they continue to claim to their client, HSBC that it was two payments behind at time of filing. It is just unbelievable to me that this kind of thing can happen and it apparently happens way too often. The Corporate bullies know that they can go into court, spin a web of intricate tales, and get away with it. It's about time home owners started standing up for themselves and justice. I know other mortgage companies have done the exact same thing, ultimately sued and lost. How these people sleep at night is beyond me.

[Mary Salzer]

OK if you have not done it yet, QWR the file...NOW.

Then call HUD and the FTC and lodge one heck of a complaint on the servicing side of the world....also with Chase get a hold of the OTC/OCC and lodge a complaint with them, your state Banking Commissioner and your State AG's office. NOW....do not wait, get the complaints flying and go to court to contest their crap.

[Redeemed]

Thank you Poppy. I am doing al this today. However, what is OTC and OCC. Sorry, I'm not familiar with the terminology.

[Mary Salzer]

Those are Federal Agencies that regulate certain banking organizations....like Chase....not necessarily HSBC....so without further ado, here is their Web Site.....

OCC - Office of the Comptroller of the Currency, Administrator of National Banks

[Redeemed]

Thanks Poppy. One more question, is there any place I can check online to view, and print the information as to weather HSBC is a member of MERS?

I was able to find a copy of MERS membership agreement, which specifically prohibits members from using the "lost note affidvit" when filing foreclosure.

It is a small and probably irrelevant issue, however, it is yet another non compliance by HSBC relating to the foreclosure.

Also, is is normal to have an assignment from original Mortgage company to state; .
..sell, assign, transfer and set over unto HSBC BANK, N.A., residing or located at c/o Chase Home Finance, LLC, 10790 Rancho.... herein designated as the assignee, the mortgage executed by *****

Chase is the servicer of the account, apparently and HSBC claim to hold the mortgage. If Chase were actually assigned the Mortgage, then Chase would be the Plaintiff, it seems, rather than HSBC as filed.

[Mary Salzer]

I understand that you are hot on the trail of lost notes, MERS and such....but without an attorney to pursue that...you are in a morass of insanity. You really need legal assistance with that issue.

They are validating the notes that are required to be reaffirmed and the MERS contract is a little more complex than what is on the surface...they can go to the courts and ask for reaffirmation of the note if it is lost...the courts are 9 out of 10 times in most cases reaffirming...there are some jurisdictions that are not, however, in most cases they are.

This note may not be in MERS and if the foreclosure is non judicial, matters not....you really if you want to pursue this one need to find an attorney to do this...this is not a simplistic or easy methodology to attack the situation with. Even MERS members can reaffirm the note and go forward with foreclosure with a certain process allowable to the system....

HSBC may own the collateral with Chase acting as the Servicer for the Collateral, if Chase is the servicer, there is a chance that the note is happily sitting their vault in a southern state....it is very happily in bed in that vault....Chase is very picky and very anal about collateral reviews.....they do not take loans very often for servicing that have no NOTES....in fact I have never seen it occur.

Chasing the Note issue is without a jurisdiction that will enforce the issue kind of a non event. These things are being worked out and the time involved in dealing with this is more than likely better spent in trying to get the Servicer to get their ACT together.....and do their job as required by the regulating agencies.

If you wish to pursue this, I would heartily recommend and attorney for your state that is presently involved in this situation as you are going to need to make a formal demand of the courts in the foreclosure process to cough up the NOTE, original variety.....then they will counter and the game begins....and not for not they will cough it up....Chase is again very anal....HSBC is only the investor in this puppy....now, if RESMAE sold this to Credit Suisse, then to whomever then to HSBC....and Chase is servicing...there is a chance that the note could be missing in action, but I have never been on a review with Chase where the collateral is missing in action...they have them. I would be very surprised if it were missing in a Chase Servicing Shop. But stranger things have happened....

[Redeemed]

Hi PoppY:

Thank you for your reply. I can only pay for a foreclosure attorney or a BK attorney.

If Chase had the note, why would they not provide it to their client, HSBC? This has been going on for two years now. My second mortgage is up to date, no problems.

Right now I just feel like giving up. It seems these companies can make all the mistakes by filing foreclosure making claims that are not true, and get away with it. It seems my safest action would be to file BK #13 to secure my home, go to the hearing and hope that the Judge will see the facts for what they are.

[Redeemed]

Hi Poppy:

I have put together the following QWR. Do you think it is sufficient?

Attention Customer Service:

Loan number: *****
Name: *****
Property Address: ***********************

This is a "Qualified Written Request" under Section 6 of the Real Estate Settlement Procedures Act (RESPA).

I am writing because:

In February, 2006, I spoke with Chase’s Loss Mitigation Representative “Anthony” regarding Chase’s allegation that my mortgage payment was 2 months delinquent. Despite my insistence that this was incorrect and my request that Chase re-check their records, my request was ignored and Anthony demanded that I pay the alleged delinquency as well as $4,000.00 in attorney fees (see attached). Chase refused to accept any payment from me, other than what was being demanded, in excess of $6,000.00, including attorney fees.

At the inception of this issue, I requested and received a copy of the Payment Statement, from Chase. This Payment Statement clearly shows that all payments were infact received to date. (Copy attached , exhibit “A”)
Despite the foregoing, HSBC and Chase continue to insist that the loan was infact delinquent to include March, 2005 payment. As you can see from the payment statement, this was incorrect.

My mortgage loan has further been compromised, by the fact that HSBC now claim partial payments were received, when infact these smaller payments had nothing to do with the First Mortgage Loan, these smaller payments received are payments received for my SECOND LOAN which Chase held until January, 2006, at which time the second loan was sold to USA Bank..

Chase, as of March 15, 2008, continue to inform me that the first payment they received was in January, 2006, when cancelled checks and bank statements clearly prove this to be incorrect, and the first payment received, and cashed by Chase was infact November, 2005. Could this be the confusion of the alleged 2 payments delinquent? Chase and HSBC have been notified of this error on numerous occasions and have refused to correct their records, despite the fact that they have been provided with copies of cancelled checks .


HSBC continue to allege that a mortgage payment was returned NSF. I have previously requested a copy of this alleged NSF check, which to date, has not bee provided to me. I again request, Please provide a copy of such NSF check. My bank records and canceled checks clearly indicate that all payments were received and cashed by Chase.

On May 30, 2006, Chase received via certified return receipt requested US mail a mortgage payment which was ultimately returned. This payment would have kept my mortgage current. Foreclosure records indicate that HSBC filed foreclosure following my last conversation with Anthony on may 20, 2006. The foreclosure was filed on or about May 26th, 2006.

HSBC have continued to insist that they have a valid cause of action, filing foreclosure on my property. HSBC nor Chase have attempted to resolve this issue in good faith. Indeed I have been subject to numerous acts of bullying and intimidation; for instance I received a notice of sale on my home when infact the subject property has not to date been subject to a summary Judgment for Foreclosure. I have previously faxed Chase and opposing counsel notifying them that I dispute the allegation of delinquent mortgage payments and requested that someone contact me in order to resolve this issue. To date no one from Chase, HSBC nor the office of opposing counsel, has responded to my telephonic and written requests.

I am requesting:

(1) Copies of all documents pertaining to the origination of my mortgage including my loan application, Right to Cancel, Deed of Trust, note, adjustable rate note, addendum to the note for the interest only payment period, Truth in Lending statements, Good Faith Estimate (GFE), HUD 1, appraisal, and all required disclosures and rate sheets associated with this transaction for the above referenced loan. The copies should be legible and all documents shall be copied in their entirety.

(2) A copy of the loan history including all payments made, all fees incurred, what has been paid out of the escrow account, and how all payments were applied. This information should cover the entire life of the loan.

I have reason to believe that the loan terms were misrepresented to me at the time of application and further obscured and/or modified prior to signing. I believe that my income was inflated on the application, and that the property appraisal was similarly falsely inflated. I also have reason to believe that certain statements were not provided for my approval prior to closing, and that signatures may have been forged on various documents. Additionally, I believe that a notary was not present to witness my signatures on several pertinent documents.

I have been given the runaround by the voice recognition call routing system on numerous occasions. I have talked to various agents with different versions of the foreclosure details.
I have been re-routed to the wrong department or individual dozens of times. All of my calls and faxes are documented in your records, as they are in mine. The customer service provided to me has been less than adequate. Let this letter serve to document my request to have my communications responded to in a timely manner.

I do not wish to loose my home to foreclosure, indeed my desire is to remain in my home. I am simply seeking that the mathematical errors be corrected, and to continue paying for the mortgage loan under the original terms.


I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.

Sincerely,

[Mary Salzer]

I think that it is great, now send it to all parties, HSBC and CHASE...modify it in the areas required....

They send a cover letter over it to HUD, FTC, OCC, your State Banking Commission and your State AG's office...anyone else ie elected official, like Federal, State and Local....send it to Dick Cheney....Andrew and Nitag did and they got results in the end......

Crank that thing out to the local news media....let 'em all have it and let the institutions know that you are not lying down and playing dead for them....

[Redeemed]

Thank you Poppy. All correspondence is ready to be mailed first thing in the morning. I also emailed to those entities that provided an email address.
Tomorrow, I will contact the court and see if the hearing date can be re-scheduled to a date that is convenient to all parties, not just opposing counsel.

I did contact an attorney friend of mine and he suggested that I motion for Mediation and also Discovery. I did request discovery in my response to Plaintiff's Supplemental Motion for Summary Judgment (this was the allegation of partial payments, of which such payments were actually for my 2nd mortgage of course counsel failed to state that in the supplemental Motion)

OK, I'm going to get some sleep. And start over tomorrow. I truly appreciate your guidance.

[Redeemed]

Morning Poppy:

OK, sent out all my certified letters and then some.

On Saturday I received a letter from Chase regarding the "Project Lifeline". The letter states that I am being considered for a loan modification with a number to contact them. This letter I don't believe was in response to my QWR's since it is dated March 12, however it apparently took 10 days to get here?

All this seems strange as there is a Summary Judgment hearing set for 4th April,, and it has taken 2 years for them to offer any kind of assistance resolving this matter. Are you familiar with Project Lifeline?

[Cat Damiano]

Hi Redeemed,

Project Lifeline was signed on February 14, 2008 and designed to reach out to those in foreclosure to buy some time to work out a modification with their lender........


The lenders involved--JPMorgan Chase, Bank of America, Countrywide Financial, Citigroup, Washington Mutual and Wells Fargo--say they will contact homeowners who are 90 days or more overdue on mortgage payments and work with them on ways to make their mortgages more affordable.

Hope this helps.......

[Redeemed]

Thanks Cat for the response. I am calling them now, hopefully we can resolve this issue.

[Redeemed]

OK, I just got of the phone with Chase regarding the modifcation. I spoke with Lorraina not the most outgoing person but regardless did actually speak to me.

She gave me a list of documents fax to Chase in order for them to start the Modification process. One of the items required is a Hardhip Letter. I'm not sure how to handle this as the foreclosure was filed alleging that payments were delinquent, when infact they were received and cashed by Chase. My first Summary Judgment For Foreclosure Hearing was stopped by the Judge who ordered them to clean up this mess...which of course until now they have been unwilling to do. How would you handle this request.

I asked how long something like this normaly takes, (which I was already was aware of, thanks to this site) I was informed 30/60 days,which lead me to my actual question of cocnern, "Do you notify opposing counsel of the Pending Modification of Loan Process" Lorraina informed me that they did inform them as soon as they had received the documentation. My conern of course is, there is another Hearing set for April 3, on summary jusgment. Obviously not time enough to conclude the modification process. I'm thinking that once I have faxed to Chase the required documentation, faxing opposing counsel with a letter informing him of the pending modification process??

[Cat Damiano]

Here are some contacts and addresses for Chase for you to mail your QWR to......



Chase Home Finance LLC
10790 Rancho Bernardo Rd.
San Diego, CA 92127

San Diego Loss Mitigation
1-858-605-3345
1-877-838-1882

Chase Home Finance LLC
3415 Vision Dr.
Columbus, Ohio 43219

Chase Home Finance LLC
Executive Office Ohio
1-888-310-7995
Fax: 1-866-831-8350

Ohio Homeowners Assistance Dept.
1-800-446-8939

Texas Loss Mitigation
1-866-316-9218

JP Morgan Chase & Co.
Attention: James S. Dimon (CEO)
Office of Secretary
270 Park Avenue, 39th Floor
New York, N.Y. 10017
1-212-270-6000
Fax: 1-212-270-1648

Comptroller of the Currency Administrator of National Banks
Customer Assistance Group
1301 McKinney Street, Suite 3450
Houston, Texas 77010-9050
1-800-613-6743
Fax: 1-713-336-4301

Help and Frequently Asked Questions about National Banks from OCC's HelpWithMyBank.gov