RUSHMORE LOAN MANAGEMENT SERVICES LLC

2017-06-14

CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: My complaint is against Rushmore Loan Management Services of XXXX, California. They took over my conventional loan in XX/XX/XXXX when I was going into three months past due on my mortgage payments with XXXX being the 3rd month. I right away started getting call after call from them demanding payment in full as well as dunning letters. We got into XXXX at which time they kept threatening me with imminent foreclosure if I did not bring the account current. Having gone thru a period of financial stress during the months of XX/XX/XXXX thru XX/XX/XXXX and with Rushmores relentless threats to foreclose, I was left with no other option but to apply for financial assistance from Keep Your Home California at the end of XX/XX/XXXX. I was instructed by KYHC to submit my application with the necessary documentation and to make sure that I did not avoid the calls from Rushmore but to keep them informed and updated as to the progress of my application which I did. On Saturday XX/XX/XXXX I received an e mail from KYHC informing me that they had approved my request for assistance from the Principal Reduction Program ( PRP ) and would be forwarding the funds directly to Rushmore in the amount of {$70000.00} shortly. These funds were to be applied towards my past due payments and the remaining towards the principal with the objective of reducing my the principal amount due and thus reducing my monthly payments in order to make my payments more affordable. I immediately informed my contact person at Rushmore on Monday XX/XX/XXXX to let her know that I had been approved by KYHC for financial assistance in the amount of {$70000.00}. She then provided me with the amount that would be due including the month of XXXX which was {$24000.00} and that this amount would be due up to XX/XX/XXXX. And as stated on their monthly statements if payment is received after XX/XX/XXXX, a {$100.00} late fee will be charged. I told her ok and that I would stay on top of this matter to make sure Rushmore gets these funds on a timely basis. I asked her if she needed any documentation from me to prove to Rushmore that I had been approved for financial assistance, she told me no and I thanked her for working with me throughout the month of XXXX during my application process. On Wednesday XX/XX/XXXX I received another e mail from KYHC stating Please be advised that Principal Reduction Program ( PRP ) benefits have been sent on your behalf to Rushmore Loan Management Services to pay any past due amounts ( as applicable ) and reduce the balance of your first mortgage loan. Knowing this, I made it a point to make sure that I checked on either Monday or Tuesday XX/XX/XXXX or XXXX to make sure Rushmore had received these funds. I tried to log on to my account via Rushmores website but I was not able to pull up my account, instead it said This loan is currently inaccessible. I immediately called my contact person at Rushmore and I asked her why cant I log on at which time she informed me that they had forwarded my account to their foreclosure department on Friday XX/XX/XXXX. I could not believe what I was hearing. I asked her why would she allow this to happen without even calling me, sending me an e mail or a letter. This is the young lady that would constantly call me in XXXX and XXXX demanding payment in full. Her reply was that until they received the funds in house they have the right to move forward with foreclosure which I know is correct. But the problem that I have with what transpired here is that they knew they would be receiving well over what I was in arrears but did not bother to pick up the phone to let me know at least a day or two before they moved forward. Not only did I let them know funds had been approved but they knew this from their direct communications with KYHC who communicated with them on XX/XX/XXXX requesting their written authorization to move forward with funding and authorizing KYHC to forward payment to them directly. Rushmore replied via e mail on XX/XX/XXXX in the affirmative. I not only spoke with my contact person at Rushmore on XX/XX/XXXX but two other individuals trying to make my case that what they are doing is totally wrong and unethical because I could clearly see what they were attempting to do which is to hit me with several thousands of dollars in foreclosure fees which they knew they would be able to collect without any problem because they knew without a doubt these funds were on their way. They did not turn me over to foreclosure because they thought I would not be able to come up with the money they turned me over to foreclosure because they knew 100 % they would be getting the money. Their objective is to apply amount to my past due balance take another several thousands of dollars in foreclosure fees and this way not apply as much towards my principal balance and thus make more from me in interest. I got the same excuse from these two other individuals that it was their right to proceed and that if I did not like I could call their foreclosure attorney and they provided me with his name & phone number. I decided to call their foreclosure attorney the following day on XX/XX/XXXX since I was making every effort to notify anyone on their side that this step was not necessary and try to minimize any kind of foreclosure costs they were attempting to try to justify. When I called their attorney on XX/XX/XXXX the first question I asked her was when did you get my file? To which she replied that they had just received it the day before on XX/XX/XXXX which is the same day I called Rushmore to complain about this. How much work could they have possibly done on my file to try to justify the thousands of dollars they are going to try to hit me with. I once again tried to work with my contact person at Rushmore and I also let her know that I just found out that their attorney got my file he same day ofXX/XX/XXXX. But again I could not get any where with her. I told her that its very unfair that they are planning to hit me with several thousands of dollars in additional fees. She tried to tells me they had no way of knowing what the bill would be until they received the figures from the attorney. Which is not true because late on XX/XX/XXXX I called KYHC and they told me that they were already notified by Rushmore that the new figure due was {$28000.00} only 24 hours after their foreclosure attorney received my file. How is this possible that Rushmore knew how much to charge me in foreclosure attorneys fees when the attorney just received my file 24 hours before this and when Im sure the attorney has not even invoiced Rushmore. Im thinking its because Rushmore knows how much more they can hit me with in foreclosure fees before the file even leaves their offices. Additionally, I have no doubt that an actual person at Rushmore looked at my file to see what was the status of my payment and they saw fund forth coming. They did not see home owners has not made payment arrangements. They saw guaranteed certified funds forth coming and this triggered them to see the opportunity to make more fees off me. <P/> This is unjust and unfair!!!
Company Response: Closed with explanation

Timely Response

2017-06-13

Euclid, OH

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: Our loan was sold from XXXX XXXX to Rushmore Loan Management in XXXX XXXX or before. It has been a nightmare with Rushmore trying to correct my account. Because we made additional payments to to XXXX over the years, we were paid in advance. We have continued to make monthly mortgage payments to Rushmore and have requested numerous times for Rushmore to apply the monies to the principal, but they have not done so. They have suspended some of our payments for some odd reason and have not applied all of the money we have sent to the principal. Nothin g Rushmore has done so far makes any sense and I can not, for the life of me, get this resolved. This is very unnerving to have my money messed with in this manner.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-06-12

Columbus, GA

Closing on a mortgage

Mortgage: Conventional home mortgage

Complaint: Dear Consumer Financial Protection Bureau, CFPB : This Complaint is against Rushmore loan servicer ( prior loan servicer XXXX XXXX XXXX ) and XXXX XXXX XXXX ( both of who are debt collectors ) for which I, XXXX XXXX XXXX OWE NOTHING. I want XXXX ushmore and XXXX XXXX XXXX removed from My Credit Report because they are negatively impacting my credit for debt that should have been removed because 7 years have elapsed. In addition, XXXX XXXX XXXX informed me they were writing the alleged debt off, and would mail me a XXXX, which I have not received, instead XXXX XXXX XXXX and rushmore collude and interfere with each short sale, sheriff sale, foreclosure, deed in lieu of foreclosure, relocation incentives, etc, and elect to harass and stalk me. I want them to move their XXXX ONWARD with their delusions of being in control. XXXX XXXX XXXX and Rushmore loan servicer ( prior loan servicer XXXX ) who works for lawyers XXXXXXXX master participation trust ( lawyers specifically XXXX XXXX XXXX XXXX XXXX located at XXXX XXXX XXXX XXXX XXXX XXXX XXXX new jersey XXXX, Phone XXXX, AND XXXX XXXX XXXX ) are encroaching upon my rights and interfering with my VERY IMPORTANT SAFETY, Livelihood, Well-Being, and their collection tactics are legally defined as harassment because they are being unrealistically unreasonable with each closing : ( 1 )XX/XX/XXXX XXXX XXXX XXXX new jersey XXXX XXXX and XXXX XXXX : legally binding contract short sale for {$90000.00}. XXXX XXXX XXXX tortuously interfered with the closing. ( 2 ) XX/XX/XXXX XXXX new jersey XXXX XXXX and XXXX XXXX. BANK APPROVED SHORT SALE FOR {$50000.00}. XXXX XXXX is in breach of contract for which lawyer judge XXXX XXXX of XXXX superior court is not adjudicating fairly. ( 3 ) XX/XX/XXXX XXXX XXXX new jersey XXXX XXXX XXXX with XXXX XXXX. Legally binding contract {$60000.00} and counter offer {$65000.00}. ( 4 ) XX/XX/XXXXXXXX XXXX new jersey XXXX XXXX with XXXX XXXX. Legally binding contract {$50000.00} and counter offer {$53000.00}. The last brokers price opinion, BPO, in XX/XX/XXXX valued the house at {$65000.00} AS IS, and there have been no renovations to the property since XX/XX/XXXX-XX/XX/XXXX. Each time XXXX XXXX XXXX or the loan servicer tortuously interfere with the closing or contract, they fraudulently conceal, and buyer XXXX XXXX is in breach of contract. For example, rushmore is unrealistically and unreasonably negotiating abysmally on a property that has been vacant since approximately XX/XX/XXXX, vandalized both exterior and interior, electrical, plumbing, and heating cooling systems vandalized CONFIRMED AND VERIFIED, just to name a few of the problems with XXXX XXXX XXXX XXXX New jersey XXXX. Several licensed realtors have confirmed the vandalism and property damage to XXXX XXXX XXXX XXXX New Jersey XXXX of a disgruntled, filthy and delusions section 8 tenant-XXXX XXXX XXXX XXXX. They have opted to continuously send me bills and invoices for which they could have easily remedied since XX/XX/XXXX. I WANT THEM REMOVED OFF MY CREDIT REPORT : They refuse to close on a guaranteed short sale CASH PAYOUT, they refuse to foreclosure, they refuse to deed in lieu of foreclosure, and they refuse sheriff sales, they need to MOVE THEIR OLD XXXX THE XXXX ON. I want them removed off My Credit Report and Away from Me because they are harassing me and adversely reporting negatively on my credit report trying to give the appearance that I am not responsible and not credit worthy when that is a lie ( THEY ARE GRAVELY AFFECTING MY VERY IMPORTANT/GENTLE SAFETY ). The property is a result of predatory lending and should not be in my name. They have ( XXXX XXXX XXXX, rushmore, XXXX participation trust, and XXXX XXXX XXXX XXXX ) have become desperate, trifling, and criminal in their failed attempt to collect on a debt I DO NOT OWE, and they need to MOVE THEIR XXXX XXXX XXXX XXXX <P/>Sincerely and Respectfully, XXXX XXXX XXXX Phone : XXXX XXXX : CFPB COMPLAINT ON RUSHMORE, XXXX, XXXX XXXX XXXX, XXXX PARTICIPATION TRUST, AND XXXX XXXX XXXX XXXX ).
Company Response: Closed with explanation

Timely Response

2017-06-12

Capitol Heights, MD

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-06-12

Capitol Heights, MD

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-06-09

Lawton, OK

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-06-03

Nyc, NY

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-06-02

Lynbrook, NY

Trouble during payment process

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2017-05-31

Garden City P, NY

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-05-31

Capitol Heights, MD

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-05-30

San Jacinto, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-05-30

Sandwich, MA

Trouble during payment process

Mortgage: Other type of mortgage

Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-05-27

Cols, GA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-05-27

Main Office, VA

Took or threatened to take negative or legal action

Debt collection: Mortgage debt

Threatened or suggested your credit would be damaged
Complaint: While it would probably be easier to reference which FCRA laws have not been violated, here is my story and plea for CFPB involvement. This is a complaint, to enforce my rights in accordance with the FCRA, encompassing a multitude of ongoing fraudulent, deceptive and unfair practices pertaining to a XX/XX/XXXX mor tgage default, currently underway in a second foreclosure suit. ( The first was voluntarily dismissed without prejudice by plaintiff on XX/XX/XXXX . ) While the violations have mounted over the years, the most recent and serious infractions involve the deliberate re-aging of this account on my credit report by Rushmore Loan Management ( RLM ), current servicer as of XX/XX/XXXX ; the Credit Reporting Agencys ( CRAs ) improper investigations and continual verification of falsified information ; as well as, the continued pursuit of foreclosure by current plaintiff, XXXX XXXX XXXX ., with complete disregard to the ( XXXX ) XXXX Debt Cancellation issued by XXXX XXXX XXXX ( XXXX ), servicer until XX/XX/XXXX . As a result, my credit score is once again tanked and Im now faced with re-serving sentence, double jeopardy if you will. Therefore, I urgently request CFPB involvement to seek relief, resolution, and, recovery of all monetary damages that I may be entitled to. Supportive documentation is attached as referenced. <P/> 1. CANCELLATION OF DEBT XXXX By notice dated XX/XX/XXXX ( Attachment 1 ), XXXX transferred servicing of the mortgage loan to RLM effec tive XX/XX/XXXX , then continued involvement as attorney-in-fact for XXXX XXXX XXXX . <P/> XXXX XXXX furnished two XXXX forms ( Cancellation of Debt ) totaling {$280000.00}, identifying date of identifiable event XX/XX/XXXX ; debt description mortgage ; identifiable event code I ( Attachment 2 ). Each reported {$140000.00} separately ( to me and my ex-husband of 10 years ) to be reported as income on XXXX IRS tax reports. <P/> As written in the updated XXXX IRS Publication 4681, 1. Canceled Debts, General Rules, Form XXXX . Generally, if a debt for which you are personally liable is forgiven or discharged for less than the full amount owed, the debt is considered canceled in whatever amount it remained unpaid. <P/> It further states under Identifiable Event Codes : Code I is used to identify an actual cancellation of debt that occurs before bankruptcy, other judicial debt relief, statute of limitations or expiration of deficiency period, foreclosure election, debt relief from probate or similar proceeding, by agreement, decision or policy to discontinue collection. <P/> My attorney, XXXX XXXX emailed Plaintiffs Attorney, XXXX XXXX XXXX XXXX XXXX ( XXXX ), asking for confirmation of debt discharge, and, if Plaintiff would no longer be pursuing the foreclosure, with no response. ( Attachment 3 ) XX/XX/XXXX My attorney filed a Request For Production Of Documents, and a Second Set of Interrogatories directly addressing the XXXX s. To date, not only has plaintiffs attorney, XXXX , XXXX XXXX XXXX XXXX ( XXXX ), fai led to answer any related questions, they continue to pursue foreclosure of the full amount, without acknowledgement whatsoever, of the now cancelled debt. This, by any interpretation of the law, is a serious illegal and fraudulent violation of the FCRA. <P/> 2. CREDIT REPORTING AND DISPUTES RE-AGED Account on Credit Reports, Improper Investigations, Falsified Verifications, Failure to Notify, Inaccurate Accounting After 10+ years of following the guidelines for credit recovery, including that provided on the websites of all XXXX nationwide CRAs, I just recently improved my credit score to a respectable XXXX . On XX/XX/XXXX , I replied to an offer of credit with XXXX XXXX who I have a flawless 16 month relationship. I was blindsided by their immediate decline ( Attached # 4 ). Then responded to 5.9 % offer from XXXX . Offer accepted, but instead, at 30.99 %. These raised a red flag prompting me to check my XXXX report only to find that my updated score of XXXX on XX/XX/XXXX ( reduced from XXXX due to purchase of a vehicle ) had dropped to XXXX . ( Attachment 5 ) Its an atrocity that the CRAs and like companies are permitted to publish helpful consumer guidelines and give counseling for credit repair/recovery, only to be kicked back to XXXX gates if actually achieved. Ive initiated several disputes and have submitted prior credit reports with all XXXX CRAs to no avail. Instead, they continue to support RLMs false verification of accuracy. Willful, negligent re-aging and refusal of verifiable evidence to substantiate are in serious violation of the FCRA. <P/> RE-AGED ACCOUNT SUPPORTIVE FACT S XX/XX/XXXX XXXX first reported this delinquent account to the XXXX major credit reporting agencies establishing Date of Last Payment ( DOLP ) XX/XX/XXXX ; Date of First Delinquency ( DOFD ) XX/XX/XXXX ; and, Estimated Date for Removal XX/XX/XXXX . ( Attachments 6, 12, 13 ) XX/XX/XXXX RLM intentionally RE-AGED this account on my credit reports by furnishing the CRAs, unsupported dollar amounts and newer delinquency dates ( DOLP ) XX/XX/XXXX ; ( DOFD ) XX/XX/XXXX ( Attachment 7 ). Accordingly, XXXX reports a new estimated date for removal as XX/XX/XXXX , while XXXX shows it will remain on record until XX/XX/XXXX . <P/> Notification of this significant adverse action was never provided by RLM, nor any CRA, at any time whatsoever. <P/> Clearly, RLM has maliciously and craftily reworded the language of the now pending subsequent Complaint ( Attachment 11 ) to conjure an illusion of verifiable accuracy as follows : a. ) Complaint states, due and owingfrom and after XX/XX/XXXX . RLM furnished this date to the CRAs to reflect date of last payment XX/XX/XXXX . <P/> b. ) Complaint states, by failing to pay the payment d ue XX/XX/XXXX , and all subsequent payments. RLM furnished this date to the CRAs to reflect date of first delinquen cy XX/XX/XXXX . <P/> XX/XX/XXXX XX/XX/XXXX I had attempted online disputes with all XXXX CRAs, but could not as they were all having technical difficulties. I then called each to dispute by phone. XXXX and XXXX both responded during the conversation that creditor had verified as accurate and the dispute was final. After spending weeks sorting through 12 year old boxes, I wrote each a dispute letter and assembled packages with plenty of documentation, concretely verifying that this account had been RE-AGED then sent by certified mail. ( Attachments 8-10 ) RLM HAS WILLFULLY AND MALICIOUSLY VIOLATED THE FCRA BY PURPOSELY AND ILLEGALLY RE-AGING THIS ACCOUNT, THEN VERIFYING THE FALSIFIED INFORMATION REPEATEDLY. Their monthly statements reflect a {$3600.00} loan mod charge for deferred interest. This was first charged by XXXX on XX/XX/XXXX statement, which should have been deleted since they illegally withdrew the loan mod and reallocated 1st payment. This is clear evidence they have the XXXX accounting records to verifying the original XXXX CRA reporting. ( Attachments 17 & 18 ) CRA NEGLIGENCE While all XXXX CRAs relayed virtually the same information, my phone conversation with XXXX lasted much longer due to the communication barrier. After continually asking the agent to repeat herself, I was transferred to a supervisor ( with a slightly less heavy accent ) who refused to investigate further for the simple reasons the account numbers are different, Rushmore is the client, not the consumer, and, she was under no obligation to pursue an investigation based on consumer provided information. She became loud and rude, then reluctantly asked if I wanted to start a full investigation. I confirmed but to this day, have yet to receive her forthcoming email. <P/> In accordance with the FCRA, I then prepared dispute letters ( Attachments 8-10 ), attached previous credit reports ( Attachments 6,12,13 ) and other supportive documentation undeniably verifying that the negative information RLM furnished on XX/XX/XXXX , was in fact, reported previously by XXXX from XX/XX/XXXX XX/XX/XXXX . Sent by certified mail, the green card from XXXX returned blank. I had to trek back to post office and request a computer printout. To date, all XXXX CRAs have merely provided results that consumer has again verified as accurate ( Attachments 14-15 ). Clearly, a proper investigation was not conducted. The documents I provided, if reviewed, would have concretely proved otherwise. The prior credit reports by themselves should have deemed this immediately removable. <P/> Its inconceivable that a U. S. taxpaying consumer claiming to be unlawfully harmed, carries burden of proof, without recovery fees, submits undisputable evidence generated by the CRA, on CRA letterhead, and then is denied resolution by simple virtue of the creditors merit, while creditors can walk into courtrooms and win cases without ever producing notes. <P/> In my written disputes, I had requested a full comprehensive consumer disclosure of my file, and, a full investigation. None have complied as such, just that updates were made if deemed necessary. <P/> The negative impact of this illegal re-aging has unfairly caused tremendous turmoil in nearly every aspect of my life. <P/> ACCOUNTING The amounts furnished by RLM for outstanding balances, fees, expenses, and advances are escalated, unreasonable and rarely the same on most of the documents and statements produced. A complete historical account breakdown was requested through discovery, however RLM has yet to provide anything other than RLMs monthly statement. Most likely due to the XXXX they refuse to acknowledge. <P/> XX/XX/XXXX Rece ived an updated mortgage statement reflecting an increased balance due to RLM with no adjustment for the charged off amounts. ( Attachment 17 ). It also references a deferred balance of {$3600.00} as amount of principal deferred as part of the terms of a loan modification. This is the same amount found on XXXX statement dat ed XX/XX/XXXX ( Attachment 18 ) first reported as unpaid interest as a result of a loan mod they approved, then immediately withdrew after they tricked me into a payment shortage. And, I can only assume that the plethora of {$100.00} prop preservation charges are for mowing the zero lot-line yard. <P/> Summarized below is the chain of events to substantiate this complaint, as well as show cause for many other discrepancies. <P/> I first became delinquent on my mortgage loan in XXXX due to the financial effects of the economic housing crisis on my profession as a Florida XXXX XXXX . I had requested and was approved for a 6-month temporary loan mod through XXXX XXXX XXXX ( XXXX ) by way of letters dated XX/XX/XXXX and XX/XX/XXXX reflecting new 4.25 % rate, payments of {$1700.00}, and also, stating that the account had been restructured to reflect a current status and next payment due XX/XX/XXXX . <P/> XX/XX/XXXX To insure compliance, I phoned XXXX and made a payment amount of {$1700.00}, the exact amount as stated by the XXXX rep. <P/> XX/XX/XXXX Received letter stating XXXX was withdrawing the modification due to the terms of the loan modification. <P/> XX/XX/XXXX I called for clarification only to be told that the amount of my last payment was incorrect as it didnt include an escrow payment, therefore, XXXX considered the payment to be late allowing them to immediately resume collection and start foreclosure, as well as, revert to original interest rate and payment. After unsuccessfully pleading the reason for the amount paid on XX/XX/XXXX , I th en authorized the increased payment of {$2400.00}. This was the last payment I was ever able to make and thus reported as the date of last payment. <P/> XX/XX/XXXX XXXX filed for foreclosure. Count I of this Complaint states : 1. This is an action to reestablish a promissory note 2. delivered to XXXX XXXX XXXX ( no mention of XXXX ) 3. Plaintiff i s the owner of said note. 4. The original promissory note was lost or destroyed subsequent t o Plaintiffs acquisition thereof, the exact time and mannerbeing unknown to Plaintiff. < P/> It was later discovered that XXXX did not have authority to file suit as they had not been assigned the mortgage. <P/> XX/XX/XXXX XXXX prepared a postdated assignment of mortgage to XXXX ( 19 months after XXXX had filed their foreclosure complaint ). <P/> XX/XX/XXXX XXXX recorded Corporate Assignment of Mortgage to XX/XX/XXXX declaring : XXXX , as nominee for XXXX XXXX XXXX , ( the original creditor [ XXXX ] ), assigned and conveyed to XXXX in consideration of {$10.00}, the mortgage together with the Note or other evidence of indebtedness ( the " Note '' ), said Note having an original principal sum of {$340000.00} with interest, secured thereby, together with all moneys now owing or that may hereafter become due or owing in respect thereof, and the full benefit of all the powers and of all the covenants and provisos therein contained, and the said Assignor hereby grants and conveys unto the said Assignee, the Assignor 's beneficial interest under the Mortgage. TO HAVE AND TO HOLD the said Mortgage and Note, and also the said property unto the said Assignee forever, subject to the terms contained in said Mortgage and Note. <P/> This assignment further shows evidence of fraud as such : a ) recording requested by and return to XXXX XXXX XXXX , as well as, Law Offices of XXXX XXXX XXXX ( Florida foreclosure mill firm shut down in XXXX ) ; b ) prepared by XXXX XXXX , XXXX XXXX XXXX at XXXX XXXX XXXX , XXXX , NY XXXX ; c ) signed by XXXX XXXX , Vice-President of XXXX XXXX at XXXX XXXX XXXX XXXX , XXXX XXXX , XXXX , VA XXXX ; d ) witnessed by confirmed robo-signers XXXX XXXX , XXXX XXXX and XXXX XXXX as notary in XXXX , NY. e ) XXXX XXXX has signed on behalf of XXXX XXXX XXXX XXXX . whose address is in VA while XXXX XXXX ( whose handwriting changes often ) is a notary in NY. f ) Betw een XX/XX/XXXX XX/XX/XXXX I have evidence of twelve ( 12 ) other ( unrelated ) recorded documents, signed by four different XXXX employees ( some on the same day ). All have signed as the Vice-President of XXXX XXXX . <P/> XX/XX/XXXX , XXXX voluntarily dismissed the complaint without prejudice. In accordance with the FCRA, the CRAs continued to report this negative mortgage default account through the 7-year maximum duration period clearly identified on prior credit reports with the estimated date for removal XX/XX/XXXX <P/> XX/XX/XXXX XXXX issued a new Notice of Intent to Cure for payments due on or after XX/XX/XXXX It further states that to correct this breach, the total amount of $ XXXX must be received no later than XX/XX/XXXX . Only the full amount due will be accepted. Failure to cure the default on or before the date specified in this notice will result in acceleration of the sums secured by the Mortgage/Deed of Trust and may result inforeclosure. ( This Notice was attached to the current Plaintiffs R esponse to Defendants Request for Production. ) XX/XX/XXXX , XXXX , by XXXX XXXX XXXX ( XXXX ), as Attorney in Fact, assigned the mortgage to XXXX XXXX XXXX XXXX , as Trustee for XXXX XXXX XXXX XXXX . However, the chain of title recorded in the XXXX XXXX XXXX XXXX XXXX XXXX XXXX shows XXXX and XXXX XXXX XXXX XXXX assigned to XXXX . XXXX seems to be the servicer at this point, although Ive never received notice nor seen any authorizing document. I did however, receive 67 illegal robo-calls from XXXX between XX/XX/XXXX - XX/XX/XXXX . <P/> XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX , ( XXXX ), Attorney for Plaintiff, fi led a subsequent Complaint for Foreclosure of Mortgage on beha lf of XXXX XXXX XXXX XXXX , as Trustee for XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX , as Attorney of Fact, by XXXX XXXX , Authorized Signatory. <P/> As required by the FL Statute of Limitations for subsequent filings, new default dates were established and stated in this Complaint as : COUNT I Paragraph 6. Defendant ( s ) have defaulted under the Note and Mortgage by failing to pay the payment due XX/XX/XXXX , and all subsequent payments. <P/> Paragraph 8. Defendant ( s ) o we Plaintiff {$32 0000.00} that is due and owing on principal on the Note and Mortgage, plus interest from and after XX/XX/XXXX , and title search expenses This Complaint includes a Certification of Possession Pursuant to Fl. Stat. s.702.015 ( 4 ) dated XX/XX/XXXX . XXXX XXXX as Original Documents Assistant verified that the original note is in the possession and location of XXXX s office, and, that XXXX received the original note from XXXX . However, no date is mentioned as to when XXXX received the note. When, how and from whom did XXXX receive the original note is crucial since XXXX claimed it to be lost or destroyed in its XXXX Complaint. <P/> XX/XX/XXXX XXXX sends force-placed ASI policy that went into effect XX/XX/XXXX . <P/> XX/XX/XXXX XXXX notifies me of cancellation of said policy effective XX/XX/XXXX . <P/> XX/XX/XXXX Rushmore sends Notice of Sale of Ownership of Mortgage Loan. Very confusing and misleading. States prior creditor has sold your loan ( described below ) to us, the new creditor identified below. Next paragraph, **NOTE : The new creditor identified below is not the servicer of your loan. Page 2 says Your lender. Who are they referring to, the creditor or the servicer? The last sentence reads, Our rights and obligations as new creditor, XX/XX/XXXX XXXX , transferred servicing to Rushmore Loan Management ( RLM ) although no documentation has been provided or recorded confirming XXXX authority to do so. <P/> XX/XX/XXXX , XXXX furnished two ( XXXX ) XXXX forms ( Cancellation of Debt ) totaling {$280000.00}, identifying date of identifiable event XX/XX/XXXX ; debt description mortgage ; identifiable event code I. <P/> XX/XX/XXXX Assignment of Mortgage : XXXX XXXX XXXX XXXX as trustee for XXXX XXXX XXXX XXXX t, XXXX XXXX XXXX , XXXX XXXX , OK XXXX hereby assign and transfer to XXXX XXXX XXXX XXXX , not in its individual capacity but solely as trustee for the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , XXXX , DE XXXX , all its right, title and interest to said mortgage. <P/> This recording shows : Requested by XXXX XXXX XXXX Prepared by C XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX y Return to LR Department ( Cust : XXXX ), XXXX XXXX XXXX XXXX , CA XXXX XXXX MIN # : XXXX Loan # : XXXX Also, handwritten : XXXX ; XXXX XXXX Authorized Signatory, XXXX XXXX This Assignment was executed and notarized on XX/XX/XXXX by XXXX , Attorney in Fact, but not recorded until XX/XX/XXXX by XXXX , Attorney for Plaintiff. XXXX was also the servicer through XX/XX/XXXX . RLM began servicing on XX/XX/XXXX . So who is XXXX XXXX XXXX and why was I not notified of new servicer? How many servicers and attorneys are involved now? Who is the actual note holder at this point? <P/> XX/XX/XXXX attached to the Plaintiffs R esponse to Request for Production is a Notice of Right to Cure Default by XXXX dated XX/XX/XXXX stating This is a notice of breachbecause we have not received the payments that were due on or after XX/XX/XXXX .. XXXX had originally issued a Formal Notice of Breach dated XX/XX/XXXX , demanding payment of {$5800.00} by last business day of that month ( only 20 days later ), and, If such payment is not received by that date, add an additional {$2400.00} for the next months payment, which must be received within thirty ( 30 ) days from the date of this letter. ( Less than a 30 day notice due to mailing time. ) It also states, Due to the delinquency of the mortgageall additional late charges and payments due after this notice must be included in your payment. ONLY THE FULL AMOUNT DUE WILL BE ACCEPTED. <P/> Since I have not received any notice whatsoever of XXXX involvement, in any capacity including transfer of servicer, nor is XXXX mentioned in the recorded chain of title, one can reasonably conclude that this second demand letter was sent to reestablish the default acceleration date prior to t he XX/XX/XXXX assignment of the deed and note to XXXX XXXX XXXX XXXX , Trustee for XXXX XXXX XXXX XXXX t. <P/> This Assignment shows : 1 ) XXXX requested recording on behalf of XXXX XXXX XXXX XXXX . 2 ) Execute on behalf of XXXX by XXXX XXXX as authorized signatory of XXXX , attorney in fact. She also signed in the same capacity, on an attached undated allonge. Her XXXX profile ( XX/XX/XXXX ) states she is Document Control Manager at XXXX XXXX XXXX and Project Manager of XXXX . <P/> The note, allonges and mortgage ( sometimes identified as Exhibits A and B ) attached to each of the filed documents have been altered by an erasure use of " white out '' or complete black out to intentionally conceal information such as loan numbers on original docs at time first executed. Florida does not allow the use of correctional fluid or complete black out on their legal documents. <P/> Altered docs : Verified Complaint for Foreclosure of Mortgage ( executed XX/XX/XXXX ), Exhibits A and B are full of black outs. Notice of Action Constructive Service, Lis Pendens ( filed XX/XX/XXXX ), although attachments are not labeled as exhibits, differ as some of the blacked out information originally attached to Complaint is now showing and some of the black outs have been erased completely, such as the loan number on the Allonges. Plaintiffs Response to Request for Productio n ( XX/XX/XXXX ) black outs appear only on the Note. <P/> XX/XX/XXXX XXXX filed discovery responses attached with the above-mentioned allonges now identifying account number XXXX . This number is not to be found anywhere on the note. Further review revealed that this is the exact number identified on XXXX correspondence as XXXX Account Number. This now questions the validity of the undated Allonges for these reasons : 1. The attached Note is stamp endorsed ( undated ), to XXXX XXXX XXXX XXXX XXXX with more than enough white space for endorsements which would thereby alleviate the need of an allonge ; 2. Undated allonge signed by XXXX XXXX , authorized signatory for XXXX as Attorney in Fact for XXXX , identifies XXXX assigned account number XXXX 3. Original Note Loan No : XXXX . XXXX assigned account number is hand-written, twice, at the top of the first page as XXXX , XXXX ( abbreviated for XXXX XXXX XXXX XXXX ). <P/> Also noteworthy, XXXX XXXX XXXX XXXX was incorporated in XXXX . <P/> I 've spent countless hours sifting through 12 yr old boxes of paperwork finding robo-signatures, discrepancies, illegal filings, broken chains, and phantom dates/documents. I 've submitted 2 disputes to each of the credit agencies ( CRA ) with verifiable attachments, including, prior credit reports ( XXXX - XXXX ) that proved concretely, the re-aging, and both times have been rejected simply because Rushmore Loan Management Services verified account as accurate without any documentation. My credit score is now in the red zone. 0 balance credit cards are being closed, interest rates are sky rocketing, offers withdrawn, premiums raised. It 's all due to the re-aging as every credit category is good - excellent. My new declining credit score gives me little chance of a decent job to support myself, nor obtain housing better than a shelter. For 10+ years I 've slept on couches, in my car, and even a storage unit. I 've sold most of my belongings, worked menial jobs, bartered services and learned to live without or DIY, just to survive. Turning to the advice on the CRAs websites and following their guidelines to the T, I 've worked hard over the past 10+ years to rebuild my life and my credit through exorbitant interest rates, terms and fees. Now, in an instant, just when I was starting to see light, it 's back to the trenches and worse. There are no more couches this time and I have nothing left to sell. It 's more than apparent that my inability to pay this debt is a hall pass for anyone who stands to gain, and, punishable to me for life. Substantiated facts seem irrelevant to the scheming illegal tactics carried on thus far. The laws seem to have no bearing on those with the most money. At XXXX yrs old, my health is declining, cant eat or sleep, and cant find a job as all my time is consumed writing letters, sorting through documents and research. I 'm more than exhausted and see no chance for recovery without the help of the CFPB. <P/> I firmly believe all the recent upheaval stems from RLMs work model to render me broke and powerless, thereby safeguarding from any opposing resistance. <P/> I beg the CFPB to please thoroughly review my statements of fact and attached supporting documents, to put an end to these unconscionable predatory tactics.
Company Response: Closed with explanation

Timely Response

2017-05-25

Fort Russell, IL

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-05-23

Clermont, FL

Trouble during payment process

Mortgage: Other type of mortgage

Complaint: my grandmother and i applied for loan modification ten years ago different lenders took over loan also i recieve check from florida hardest hit program the balance remain o ve one hundred thousand dolla rs the mortgage company has falsely reported me into collections my uncle and i are being harassed we submit payments every month the balance remain same ov er hundred thousand doll ars we are XXXX the principle almost at eight perce nt where we could not never pay the mortgage off thanks please help me in this matter
Company Response: Closed with explanation

Timely Response

2017-05-23

Nappanee, IN

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Since the day XXXX XXXX XXXX sold my loan to Rushmore XXXX XXXX , they 've been trying to take my house. My payments had just been recalculated before my loan was sold, Rushmore wanted a much higher monthly payment and left the responsibility to me to get a copy of the escrow report. They would n't accept any payment for 3 months until this escrow paper was confirmed, therefore trying their hardest to get me behind. They knew XXXX have given me a loan mod, forgiven half of my principle, therefore I had equity and they would get a chunk of money by foreclosing. It did n't work then, however now I am behind, they 've sued for foreclosure, wo n't accept my offers of repayment, and are very rude. The guy I have to talk to sounds like he 's XXXX yrs old, he does n't seem to know much at all except how to bully me into paying everything at once, or going through with foreclosure. I had a settlement conference on XXXX XXXX XXXX . I offered to pay {$1500.00}, asked if they could defer to the back of the loan the remaining of what I 'm behind. About {$1000.00}. They said no, and told me instead of the {$2500.00} I owe them, ( The statement I received in the mail today XXXX XXXX XXXX says I owe {$2500.00} to bring current. ) they now say I have to come up with well over {$5000.00} to bring my loan current even though my statement says {$2500.00}. I Do believe they are just trying to bully me, and scare me so I will let them foreclose. I work from home and can make my regular monthly payments of {$280.00} but they wo n't give me a chance. They also know I am so close to getting my XXXX but wo n't work with me at all. And I believe there are some legal and ethical issues going on here.
Company Response: Closed with explanation

Timely Response

2017-05-23

Closing on a mortgage

Mortgage: Conventional home mortgage

Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-05-23

NC

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: XXXX XXXX DID NOT GIVE PROPER FORECLOSURE NOTICE, WO N'T TELL US WHY OUR ACCT BALANCE INCREASED {$37000.00} ONCE THEY PURCHASED OUR LOAN FROM XXXX XXXX XXXX ; THEY DENIED LOAN MODIFICATIONS BASED ON INCOME THAT THEY ENTER FOR US ( WOULD N'T LET US DISPUTE THE INACCURATE INCOME THAT THEY SUBMITTED ) XX/XX/XXXX XXXX XXXX XXXX sold our loan to XXXX XXXX . XX/XX/XXXX XXXX n ot XXXX XXXX sen t statement of debt pursuant to NC GS 45-21.16 ( c ) ( 5a ). XX/XX/XXXX XXXX served us foreclosure paperwork w/ XXXX as Note Holder. XX/XX/XXXX : XXXX canceled the f/c hearing. XX/XX/XXXX : XXXX XXXX served us : Rescheduled Hearing Noti ce w/ New Cr editor in section 10 as XXXX XXXX . To this d ay XXXX XXXX has not sent us a statement of debt pursuant to NCG S 45-21.16 ( c ) ( 5a ). They also will not tell us why the 1st monthly statement they sent us reflects amt due of {$120000.00 } ( XX/XX/XXXX ) while the last statement that XXXX sent us reflects amt due of {$84000.0 0} ( {$37000.00} difference w/ in 30 day time pd ). They also denied loan modifications due to inaccurate income that THEY reported in error. We tried on several occasions to let them know it was wrong and tried to give them the accurate income info. They would NOT call or email us ba ck. XXXX XXXX bought our loan as of XX/XX/XXXX . Per the Prom Note, # XXXX , they are obligated to keep all promises made in the Note. We modified our loan XX/XX/XXXX . Per the DOT, para. XXXX , we have the right to Reinstate. XX/XX/XXXX we received reinstate calc. good thru XX/XX/XXXX . W e pd in full reinstate amt {$32000.00} on XXXX . XXXX we recd Nonpymt notice on XX/XX/XXXX we were served foreclosure on XX/XX/XXXX bank Vol Dismiss XX/XX/XXXX served f/c XX/XX/XXXX bank Vol Dismiss XX/XX/XXXX served f/c XX/XX/XXXX bank Vol Dismiss. We have been unable to make our monthly pymts because the bank continues to keep us in foreclosure. XXXX XXXX bought our loan from XXXX XXXX XXXX knowing that it was in litigation & that we have been disputing this erroneous foreclosure.
Company Response: Closed with explanation

Timely Response

2017-05-22

Saint Petersburg, FL

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: XXXX XXXX XXXX which I paid monthly since XXXX XXXX with assistance for this issue in the amount of {$250.00}. As of XXXX XXXX XXXX I completed the modification which began on XXXX XXXX XXXX through XXXX XXXX with making monthly mortgage payments in the amount of {$770.00} ( to Rushmore Loan Management Services ) signing off on the papers on XXXX XXXX XXXX , with XXXX XXXX XXXX and sent to Rushmore 's Counsel ( unsure of the name of the counsel located in XXXX XXXX . XXXX ) I have n't received the final copy of the executed modification documents, nor their dismissal of the foreclosure. In addition, and just as concerning is the fact that the payments were made on time and they keep reporting late payments to the Credit Bureaus. Most recently and just as alarming is the bill I received in the mail from Rushmore Loan Management Services is for a monthly payment of {$2500.00} due XXXX XXXX XXXX . When I signed off on the modification documents the payments went from {$770.00} in the modification trial period to {$750.00}. Even with the payment of {$750.00}, I have continued to pay {$770.00} per month to help lower the principal balance due on the mortgage. I have read numerous reviews how Rushmore continues to place further hardship on their customers under the foreclosure process. I felt by seeking legal counsel I could possibly be devoid of their stressful hindering tactics. It has been a total nightmare from the mediation with both counsel 's ( mine and Rushmore 's ) to the insurance incident when I had to call the police and file a report on their insurance person who came out to assess the leaking roo f ) horrible informed my neighbors and called them constantly informing them of my mortgage status which was extremely embarrassing. I was told by a representative of Rushmore, they do n't take it lightly when you get attorney 's involved and tried to get me to get rid of my legal representation. In the final documents Rushmore 's Counsel had placed a clause stating I would not be able to seek counsel after finalizing the documents. I desperately need your help. This process has been extremely costly and painful to say the least. I was referred to your office through Senator XXXX XXXX XXXX office.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-05-18

South Florida, FL

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Attention to XXXX XXXX : LOAN # XXXX Property Address : XXXX XXXX XXXX XXXX XXXX , Florida XXXX Borrowers Name : XXXX XXXX XXXX To : XXXX XXXX , Single Point of contact of Contact of Rushmore Loan Management Services LLC. On XXXX XXXX XXXX , we faxed the complete package to your Company requested a Loan Modification, which include the following documentation Authorization release information copy of the Mortgage statement, Rushmore Borrower Assistance Application c ompleted and signed, XXXX AND XXXX Income taxes return, 2 months of paystub, 2 months of Bank Statements and Utilities bil ls. The Fax confirmation on that day at XXXX XXXX with 57 page s and also at XXXX XXXX also 57 pages as well. On XXXX XXXX XXXX , we received a letter from Rushmore Loan Management Services LLC. Indicated received documentation for a Loan Modification assistance and review On XXXX XXXX XXXX , we received a new letter from Rushmore Loan Management Services LLC, indicating that were unable to offer Loan modification because The complete home Retention package was not received more than 37 days before the Foreclosure sale. Sale day XXXX XXXX XXXX . On XXXX XXXX XXXX , we communicated with XXXX XXXX XXXX , confirmed received the documentation and he requested again the financial documentation because that quality was not the best. On XXXX XXXX XXXX we emailed him the following documentation : Tax returns, Paystub, Bank Statements highlighting rental income, Homeowners Insurance, Lease contract We kindly request to re view this resolution based on the facts that we present and allow us to continue with the process.
Company Response: Closed with explanation

Timely Response

2017-05-16

Tulsa, OK

Problem with a credit reporting company's investigation into an existing problem

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Difficulty submitting a dispute or getting information about a dispute over the phone
Company Response: Closed with explanation

Timely Response

2017-05-15

Jamaica, NY

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: XXXX XXXX has made every single monthly payment since receiving a TPP and permanent modificatio n, but Rushmore keeps improperly saying that she is a month behind. Rushmore has sent her a mortgage statement and default n otice indicating she is a payment behind when she should be current. ( Ex. A. and B ). XXXX XXXX received a XXXX XXXX Trial Period Plan ( TPP ) with payments of {$1500.00} beginning in XXXX XXXX from her previous servicer, XXXX XXXX . ( Ex . C ). S he made 3 timely TPP payments for XXXX , XXXX and XXXX of XXXX . While waiting for her permanent modification documents, she made TPP payments for XXXX , XXXX , and XXXX . After she mailed in her XXXX payment, she found out that the servicing of her loan was being transferred to Rushmore. She then continued making TPP payments to Rushmore for XXXX , XXXX and XXXX XXXX . After she made her XXXX XXXX TPP payment, she received permanent modification documents from Rushmore in dicating a higher monthly payment of {$1900.00}. ( Ex. D ) Following the terms of her permanent modification, she signed and returned the documents, and began making payments of {$1900.00} starting with the XXXX XXXX payment. Although her XXXX payment was initially returned, her attorney sorted this issue out, and Rushmore accepted both her XXXX and XXXX payments of {$1900.00}. XXXX XXXX was notified she needed to sign new permanent modification documents in XXXX , but the payment remained the same. She signed and returned those documents in XXXX . ( Ex . E ). She made her XXXX , XXXX and XXXX payments in the amount of {$1900.00}. Attached as Exhibit F are copies of every single check XXXX XXXX has paid from XXXX XXXX to XXXX XXXX .
Company Response: Closed with explanation

Timely Response

2017-05-12

Gainesville, VA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-05-12

Gainesville, VA

Struggling to pay mortgage

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response