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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Capital One is whom I got the mortgage from. HSBC claims that

Customer Question

Capital One is whom I got the mortgage from. HSBC claims that a one line on the top of the note: "certified copy of the original"" signed off by Capital One is enough for HSBC to claim they are now the holder of the note and security instrument and owner of the loan. This is not dated. HSBC wants me to sign a document that I agree to this, as HSBC claims that this is enough to evidence an assignment of the mortgage form Capital One to HSBC.
There are no documents that has been produced evidencing the original mortgage note has been endorsed to HSBC as there is no recorded assignment of mortgage from Capital One to HSBC or to Mortgage Electronic Registration Systems (MERS), which in turn reflects the transferee as assignee in its records.
If HSBC cannot prove it is actually the owner of the loan, then I would be entitled to all the mortgage payments I have to it (200,000) as well as title to the property
Can I challenge HSBC re the first paragraph above as not proving up it now the holder of the note and the security and owner of the loan?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Irwin Law replied 2 years ago.
"certified copy of the original"" Is far from a legal note assignment. I don't believe a judge would accept it as such. What that does for you, I'm not sure because you haven't explained what is going on. But that answers the question you asked.
Customer: replied 2 years ago.
Thank you!!!! It is perfect!!!! I am in the middle of a battle with HSBC and they claimed they own the note, etc based upon what I wrote above. With that said, I intend to find counsel and file suit to quiet title and get the monies back that I have paid them in mortgage payments!!!!
Customer: replied 2 years ago.
Would you agree that I have a good case to do so?
Expert:  Irwin Law replied 2 years ago.
You have not rated my answer, and this is a different question altogether. I can answer it, but only as a follow-up question.