Texas "HAMP" Class Action Against HSBC, WELLS FARGO

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Texas “HAMP” Class Action Against HSBC, WELLS FARGO

Texas “HAMP” Class Action Against HSBC, WELLS FARGO

ELLERY G. PENNINGTON AND
LAURA M. PENNINGTON,
on behalf
of themselves and all others similarly
situated,

v.

HSBC BANK USA, NATIONAL
ASSOCIATION and WELLS FARGO
BANK, N.A
.,

Excerpt:

Plaintiffs bring this action against Wells Fargo Bank, N.A., its division Wells Fargo Home Mortgage, and HSBC Bank USA (collectively, “Defendants”) on behalf of Texas resident home equity loan borrowers who were offered loan modifications by Defendants after March 3, 2007.

<SNIP>

Defendants then railroaded borrowers into foreclosure by setting up so many roadblocks to modification that borrowers would finally cry uncle in the face of bureaucratic stonewalling, incompetence, misrepresentations, deception, and fraud. Meanwhile, borrowers subjected to Defendants’ misconduct would have interest charges running against them during the pendency of Defendants’ purported “review” of their loans. An already distressed loan situation became all but impossible to escape because of Defendants’ misconduct and deception. Borrowers’ interest arrearages for the months and years they got chewed up in Defendants’ maniacal mortgage meatgrinder made any loan modification prospect remote almost to the point of impossibility.

[ipaper docId=53317457 access_key=key-1b3paohwpl798rl0bbts height=600 width=600 /]

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6 Responses to “Texas “HAMP” Class Action Against HSBC, WELLS FARGO”

  1. Dave Krieger says:

    If these folks only would have checked Publication 938 for 2007, they would have realized that this trust was non-existent and no longer had tax-exempt REMIC status. How then can one have agency or standing when one no longer operates as an entity for which it was designed?

  2. enough already says:

    WHEN IS IT TIME FOR THE EXUTIVE BRANCH OF OUR GREAT COUNTRY TO STEP IN. THE LEGISTLATIVE BRANCH HAS FAILED!!! MISERABLY. the judicial branch is being bribed because they do not make enough money to pay fro their houses an do not want to foreclose , so they except bribes to stay afloat (ps remember that ohio judge who was going into foreclosure guess he didnT take bribes) SO THE JUDICIAL BRANCH HAS FAILED OUR DUE POCCESS. it is time for the exuctive branch to step up to the plate. every time i put my computer on in the morning or at night after work there is another lawsuit in another state against the same banks. obviously if we citizens ae going though exactly the same misconduct across state lines , whats that NASA saying. HOUSTON, we have problem. todasy it is the new class action against wells fargo bank. when will we have that foreclosure mortitorium so we can rest at night. and wait to see the outcome of this gigantic mess. all i know wells fargo and the rest of the banks should not be aloud to continue to conduct business.

  3. joni brit says:

    to Dave Krieger, what do you mean? 938 for 2007? Isn’t HSBC a division of Wells Fargo. I see complaints where Plaintiff is HSBC, 3476 Stateview Blvd, FT Mill SC and complaints whhere Plaintiff is Welss Fargo Bank, NA. with the same adddress exactly. Although it says HSBC as Trustee for Ace 2005 HE-5, is this the Trust no longer existing and HSBC just a front for Wells Fargo or Deutsche Bank?

  4. Nancy Drewe says:

    All ‘affiliates’ of Wells Fargo Bank NA c/o Mortgage Servicers, Seller, Depositors, Originator, Servicer, Sub-servicer, Temporay Lender

    Address: Wells Fargo Home Mortgage division Premier Asset Services PASREO real estate owned subsidiary does business as Tempoary Lender during ‘defaults’ and when forcing defaults of existing loans to liquidate, sell Assignments to new Nominee c/o…

    Wells Fargo HSBC Trade Bank a joint venture approved by OCC 1996.

  5. Nancy Drewe says:

    Wells Fargo & Co – Marine Midland – HSBC Bank USA – Republic Bank, HSBC & JP Morgan US Dollar Clearing Business After the acquisition of Republic National Bank in 1999, the head office of HSBC Bank USA moved from One HSBC Center in Buffalo to 452 Fifth Avenue, New York City, although the official headquarters are in Wilmington, Delaware. HSBC Direct is HSBC’s attempt to compete nationally with other Internet banks such as Citibank Direct, Emigrant Direct, GMAC Bank, ING Direct.

    In 2004 HSBC USA sold two New York state branches to City National Bank. HSBC did not have enough nearby branches to give it economies of scale. On July 31, 2011, First Niagara Financial Group, headquartered in Buffalo, announced that they had bought all of HSBC’s upstate New York branches for $1 billion

    The Hongkong and Shanghai Banking Corporation acquired a 51% shareholding in Marine Midland Bank of New York State, headquartered in Buffalo, New York in 1980 and extended to full ownership in 1987. The banks continued to operate under the Marine Midland name until 1998, when the branch offices were rebranded as HSBC Bank USA in line with the worldwide corporate identity of HSBC.

    In 1994, Marine Midland acquired Spectrum Home Mortgage, which operated in eight states. Then in 1995, Marine acquired United Northern Federal Savings Bank, with branches in Watertown and Lowville, New York.

    Marine Midland also acquired The Hongkong and Shanghai Banking Corporation’s six New York City retail branches, and the next year Hang Seng Bank’s two branches in New York City.

    That same year, Marine Midland acquired 11 branches from the East River Savings Bank in the New York Metropolitan area.

    Marine also acquired the US dollar clearing business of JPMorgan.

    At the same time, HSBC transferred two branches in the northwestern United States to HSBC Bank Canada. The next year, Marine completed its acquisition of First Federal Savings and Loan from Toronto-based CT Financial Services, for $620 million. First Federal Savings, headquartered in Rochester), had $7.2 billion in assets, 1,600 employees, 79 retail branches in New York State and 15 mortgage origination offices in nine states.

    HSBC Bank USA, National Association, the American subsidiary of UK-based HSBC Holdings plc, is a bank with its operational head office in New York City and its nominal head office in McLean, Virginia (as designated on its charter). HSBC Bank USA, N.A. is a national bank chartered under the National Bank Act, which means that it is regulated by the Office of the Comptroller of the Currency (OCC), a part of the U.S. Department of the Treasury.

    T-1 Wells Fargo & Company and Marine Midland
    SECURITIES AND EXCHANGE COMMISSION
    Washington, D.C. 20549
    ———-

    WFC Holdings Corp, et al. · S-3/A · On 12/4/96 · EX-25.(I)
    FORM T-1
    STATEMENT OF ELIGIBILITY UNDER THE TRUST
    INDENTURE ACT OF 1939 OF A CORPORATION
    DESIGNATED TO ACT AS TRUSTEE
    ———–
    CHECK IF AN APPLICATION TO DETERMINE
    ELIGIBILITY OF A TRUSTEE PURSUANT TO
    SECTION 305(b)(2)
    ———–
    MARINE MIDLAND BANK
    (Exact name of trustee as specified in its charter)

    New York 16-1057879
    140 Broadway, New York, N.Y. 10005-1180
    (212) 658-1000 (Zip Code)

    Eric Parets
    Senior Vice President
    Marine Midland Bank
    140 Broadway
    New York, New York 10005-1180
    Tel: (212) 658-6560
    (Agent for Service)

    WELLS FARGO & COMPANY
    (Exact name of obligor as specified in its charter)
    Delaware 13-2553920
    420 Montgomery Street
    San Francisco, California 94163
    (415) 477-1000 (Zip Code)

    DEBT SECURITIES
    (Title of Indenture Securities)

    General

    Item 1. General Information.
    ——————–

    Furnish the following information as to the trustee:

    (a) Name and address of each examining or supervisory authority to which it is subject.

    State of New York Banking Department.

    Federal Deposit Insurance Corporation, Washington, D.C.

    Board of Governors of the Federal Reserve System,
    Washington, D.C.

    (b) Whether it is authorized to exercise corporate trust powers.Yes.

    Item 2. Affiliations with Obligor.
    ————————–

    If the obligor is an affiliate of the trustee, describe
    each such affiliation. None

    EX-25.(I) 3rd Page of 7 TOC 1st Previous Next Bottom Just 3rd

    Item 16. List of Exhibits.
    —————–

    Exhibit
    T1A(i) * – Copy of the Organization Certificate of
    Marine Midland Bank.

    T1A(ii) * – Certificate of the State of New York
    Banking Department dated December
    31, 1993 as to the authority of Marine
    Midland Bank to commence business.

    T1A(iii) – Not applicable.

    T1A(iv) * – Copy of the existing By-Laws of Marine
    Midland Bank as adopted on January
    20, 1994.

    T1A(v) – Not applicable.

    T1A(vi) * – Consent of Marine Midland Bank
    required by Section 321(b) of the Trust
    Indenture Act of 1939.

    T1A(vii) – Copy of the latest report of condition
    of the trustee (June 30, 1996),
    published pursuant to law or the
    requirement of its supervisory or
    examining authority.

    T1A(viii) – Not applicable.

    T1A(ix) – Not applicable.

    * Exhibits previously filed with the Securities and Exchange Commission with Registration No. 33-53693 and incorporated herein by reference thereto.

    EX-25.(I) 4th Page of 7 TOC 1st Previous Next Bottom Just 4th

    SIGNATURE

    Pursuant to the requirements of the Trust Indenture Act of 1939, the Trustee, Marine Midland Bank, a banking corporation and trust company organized under the
    laws of the State of New York, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of New York and State of New York on the 8th day of November 1996.

    MARINE MIDLAND BANK

    By: /s/ Frank J. Godino
    ———————————–
    Frank J. Godino
    Assistant Vice President
    EXHIBIT T1A (vii)

    WFC Holdings Corp, et al. · S-3/A · On 12/4/96 · EX-25.(I)

    Board of Governors of the Federal Reserve System
    OMB Number: 7100-0036

    Federal Deposit Insurance Corporation
    OMB Number: 3064-0052

    Office of the Comptroller of the Currency
    OMB Number: 1557-0081

    FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL Expires March 31, 1999
    This financial information has not been reviewed, or confirmed
    [ 1 ]
    for accuracy or relevance, by the Federal Reserve System. Please refer to page I, ——-
    Table of Contents, for the required disclosure of estimated burden.

    CONSOLIDATED REPORTS OF CONDITION AND INCOME FOR A BANK WITH DOMESTIC AND
    FOREIGN OFFICES–FFIEC 031

    REPORT AT THE CLOSE OF BUSINESS JUNE 30, 1996

    This report is required by law; 12 U.S.C. (S)324 (State member banks); 12 U.S.C. (S)1817 (State nonmember banks); and 12 U.S.C. (S)161 (National banks).

    (950630)
    (RCRI 9999)

    This report form is to filed by banks with branches and consolidated subsidiaries in U.S. territories and possessions, Edge or Agreement subsidiaries, foreign branches, consolidated foreign subsidiaries, or International Banking Facilities.

    NOTE: The Reports of Condition and Income must be signed by an authorized consolidated subsidiaries in U.S. territories and possessions, officer and the Report of Condition must be attested to by not less than two Edge or Agreement
    subsidiaries, foreign branches, consoli-dated directors (trustees) for State nonmember banks and three directors for State member and National Banks.

    I, Gerald A. Ronning, Executive VP & Controller
    Title name of the named bank do hereby declare that these Reports of Condition and Income
    (including the supporting schedules) have been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and are true
    to the best of my knowledge and believe.

    /s/ Gerald A. Ronning
    Signature of Officer Authorized to Sign Report
    7/25/96
    Date of Signature

    The Reports of Condition and Income are to be prepared in accordance with Federal regulatory authority instructions. NOTE: These instructions may in some cases differ from generally accepted accounting principles.

    We, the undersigned directors (trustees), attest to the correctness of this Report of Condition (including the supporting schedules) and declare that it has been examined by us and to the best of our knowledge and belief has been prepared in conformance with the instructions issued by the appropriate Federal
    regulatory authority and is true and correct.

    /s/ Henry J. Nowak
    Director (Trustee)
    /s/ Bernard J. Kennedy
    Director (Trustee)
    /s/ Northrup R. Knox
    Director (Trustee)
    FOR BANKS SUBMITTING HARD COPY REPORT FORMS:

    STATE MEMBER BANK: Return the original and one copy to the appropriate Federal
    Reserve District Bank.

    STATE NONMEMBER BANKS: Return the original only in the special return address envelope provided. If express mail is used in lieu of the special return address envelope, return the original only to the FDIC, c/o Quality Data Systems, 2127
    Espey Court, Suite 204, Crofton, MD 21114.

    NATIONAL BANKS: Return the original only in the special return address envelope provided. If express mail is used in lieu of the special return address envelope, return the original only to the FDIC, c/o Quality Data Systems, 2127 Espey Court, Suite 204, Crofton, MD 21114.
    FDIC Certificate Number 0 0 5 8 9
    (RCRI 9030)

    REPORT OF CONDITION

    Consolidating domestic and foreign subsidiaries of the Marine Midland Bank of Buffalo Name of Bank City in the state of New York, at the close of business June 30, 1996

  6. 9-18-2012
    I WOULD LIKE TO JOIN CLASS ACTION LAW SUIT FATER BEING SLAPPED AROUND BY BOA,WF,123, AND NOW I’VE BEEN LLIP TO SPS BECAUSE BOA COULDN’T FIND A WAY TO FORCLOSE ON MY PROPERTY. I’VE BEEN FIGHTING FROM 2007 UNTELL NOW. THIS IS AFTER WRITEING TX. STATE SENATE FOR SUPPORT.NOW THIS MONTH 9-1-2012 FACE OFF WITH SPS.
    I TO HAVE ( MERS ) LOAN

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