Product: Mortgage

DECLARATION OF XXXX XXXX I, XXXX XXXX, Plaintiff in the above-referenced matter, declare as follows : 1. I am an individual over the age of 18 years and I have personal knowledge of the following facts and could testify competently thereto if called to do so. I make the following declaration in support of Plaintiffs Ex Parte Application for a temporary restraining order and order to show cause.

2. At all times relevant herein, I am an XXXX individual and widow who has ownership in the property located at XXXX XXXX XXXX XXXX, CA XXXX ( the PROPERTY or HOME ). 
3. I have faced significant health challenges, including XXXX XXXX, which has required me to undergo multiple medical treatments.

4. Given my condition, I am a vulnerable homeowner who relied heavily on the promises and communications from her mortgage servicer, Defendant Rushmore Loan Management Services , LLC ( RLMS ). 
5. Defendant RLMS is a licensed mortgage servicer doing business in the State of California. At all relevant times, RLMS was responsible for servicing my mortgage and managing all loss mitigation activities related to my Property.

6. RLMS has a legal duty to act in compliance with Californias Homeowner Bill of Rights and other applicable regulations to protect borrowers from wrongful foreclosure practices.

7. Beginning in XX/XX/XXXX, I, through my representative XXXX XXXX, submitted a loan modification application to RLMS, seeking foreclosure prevention alternatives due to my financial hardship and health condition.

8. The application included all necessary documents and supporting information as requested by RLMS to evaluate my for a loan modification. 
9. Between XX/XX/XXXX and XX/XX/XXXX, my representative repeatedly communicated with RLMS, providing supplemental documentation and follow-up information as requested. 
10. Despite my diligent efforts, RLMS failed to timely acknowledge the completeness of my application or provide clear instructions regarding any deficiencies or additional documentation needed. RLMSs delays created confusion and uncertainty about the status of the loan modification application.

11. On XX/XX/XXXX, RLMS finally deemed my loan modification application complete. This was confirmed in a letter dated XX/XX/XXXX, wherein RLMS stated that the evaluation period for loss mitigation options had commenced. 
12. The letter also indicated that my application was complete as of XX/XX/XXXX, despite the fact that I had fully submitted all necessary documents months earlier. 
13. In the XX/XX/XXXX letter, RLMS assured me that it would not move forward with a foreclosure sale or judgment while the loan modification application was under review. However, this representation was contradicted by RLMSs subsequent actions. 
14. On XX/XX/XXXX, my representative, XXXX XXXX, emailed RLMS and Mr. Cooper to confirm the status of the foreclosure sale and the pending loan modification review. Despite receiving confirmation that my application was under review, RLMS and Mr. Cooper did not provide any assurance that the foreclosure sale scheduled for XX/XX/XXXX, would be postponed. 
15. On XX/XX/XXXX, XXXX XXXX again contacted RLMS, highlighting the inconsistency in their communications and requesting an immediate postponement of the foreclosure sale due to the ongoing review of my application. RLMSs response contradicted its earlier assurances, failing to provide any confirmation that the sale would be paused, thereby creating confusion and distress for me.

16. On XX/XX/XXXX, Attorney XXXX XXXX XXXX XXXX ( XXXX ), acting as the foreclosure trustee, informed XXXX XXXX that they had not received instructions from RLMS to postpone the foreclosure sale. XXXX explained that they were an independent party acting upon the instructions provided by RLMS and had not been directed to halt the foreclosure DECLARATION OF XXXX XXXX proceedings despite the active loan modification review. This communication directly contradicted the assurances provided in RLMSs XX/XX/XXXX letter. 17. My loan modification application should have been deemed complete much earlier in XXXX, and had RLMS properly processed my application and provided timely communication, I could have availed myself of available foreclosure prevention alternatives. Due to RLMSs unreasonable delays and mismanagement, I was left in a state of uncertainty regarding my applications status. 
18. Throughout XXXX and XXXX, my representative made numerous efforts to obtain clarity regarding the status of the loan modification application. Despite these efforts, RLMSs agents provided inconsistent, incomplete, or contradictory information about : ( a ) The loan modification review process ; ( b ) The required deadlines for submission of missing documents ; ( c ) The expiration dates of documents already submitted ; and ( d ) Any deficiencies in my loan modification application.

19. On XX/XX/XXXX, my representative sent an email to RLMS, reiterating the need for consistent communication and emphasizing my health and vulnerable status as a widow facing severe medical conditions.

20. RLMSs failure to provide me with timely and accurate information violated multiple provisions of the California
Homeowner Bill of Rights, including Civil Code 2923.6, 2923.7, 2924.10, 2924.17, and 2924g. RLMSs actions demonstrate a pattern of conduct aimed at rushing the foreclosure process, despite my compliance and good faith efforts to provide all required documentation.

21. As a direct result of RLMSs actions, my credit has been severely damaged, I have lost the opportunity to modify my loan and save my home from foreclosure, and I now faces the imminent risk of losing my home to foreclosure scheduled for XX/XX/XXXX. I have also incurred thousands of dollars in attorneys fees, excess interest, late fees, foreclosure fees, and other improper amounts added to her arrears, which continue to increase due to DECLARATION OF XXXX XXXX XXXX misconduct. 22. RLMSs intentional, reckless, and willful conduct has caused me severe emotional distress, exacerbated by my medical condition and vulnerability as an elderly widow. I now seek legal remedies, including injunctive relief, damages, and any other relief deemed appropriate by the Court, to prevent the wrongful foreclosure of my HOME. 
23. On XX/XX/XXXX, I, by and through my counsel, filed an appeal with RLMS. According to the HBOR, the Defendants are required to wait the statutory period before proceeding with the trustees sale. 
24. Defendants intend on conducting a Trustees Sale on XX/XX/XXXX. 
25. The threat that I could lose my HOME to unlawful foreclosure on XX/XX/XXXX presents an imminent threat of irreparable harm, a compelling reason for this Court to enjoin the sale.

26. I will suffer irreparable harm unless this Court grants injunctive relief, as it stands to lose its PROPERTY in which I have invested XXXX XXXX XXXX of dollars in down payment and renovations.

27. The hardship of having the PROPERTY foreclosed upon substantially outweighs Defendants hardship of not being able to foreclose on the PROPERTY. 
I certify under penalty of perjury under the laws of the State of California that the foregoing statements are true and correct.