Consumer complaint received 2019-06-24
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC
State: NY
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
Rushmore Loan Management, XXXX, XXXX, XXXX XXXX all violated my rights by ignoring my requests to validate the debt. I have repeatedly stated that the amount Due is incorrect. By Law I am supposed to receive an explanation of the debt of the payments received when they were applied and where they were applied. I requested it from all of the servicers and from the Law Firm XXXX XXXX XXXX XXXXXXXX. They foreclosed on my home sold it without ever validating the debt and EVERY SERVICER is guilty of Dual Tracking. 

Rushmore states they did not receive a completed modification packet more than 37 days before the sale so the modification was denied. They received the first packet in XXXX and the second on XX/XX/XXXX. The sale was XX/XX/XXXX that is more than the 37 days allowed by Law. 

I repeatedly requested a payoff, according to my Mortgage documents I have up until 5 days before the sale to pay off the mortgage. Rushmore and their Attorneys ignored this repeated request and mailed the payoff XX/XX/XXXX with a letter stating the payoff was good until XX/XX/XXXX. THEY MAKE NO MENTION OF THIS IN THEIR RESPONSE. 

Along with all their other inaccuracies they have repeatedly stated that I filed bankruptcy and no longer owed this debt THAT IS UNTRUE I never had ANY DEBT discharged in Bankruptcy they should review their records for names and addresses on those papers. 

Rushmore also states that I only made one payment on the trial modifications this is also inaccurate along with the dates they state in their letter ( which is all PROOF of how they have tried to defend what they have done with one inaccuracy after another ) had they provided the debt verification I had requested numerous times they would see that the second payments were made but they were placed in a suspense account causing the modification to be considered in default. 

Rushmore also states that I provide no proof of the inaccuracies in payments when I supplied the only debt validation I have received which was a print out from XXXX showing that they received the payments and placed them in suspense took payments then made general ledger adjustments to debit the payments. Had Rushmore bothered to review any of the information they would see how many times they broke the law. 
I HAVE AGAIN ENCLOSED A COPY OF THE RECORDS RECEIVED FROM XXXX REGARDING PAYMENTS AND CHARGES. How this can be perceived as no proof of payments not being applied is inconceivable. Even the Justice department could see the BLATANT misapplication of payments. 

The Justice department has requested and reviewed more information than Rushmore has to investigate what occured with XXXX XXXX XXXX XXXX and Rushmore. They have questioned the suspense payments and the overpayments yet Rushmore denies them.

Rushmore is currently seeking to evict me with the proof I have of all the laws they have broken that they choose to ignore the eviction would only add more damages to a lawsuit should they not correct the mistakes they have made along with XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation