Consumer complaint received 2019-11-20
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC
State: WA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I am filing a complaint against Rushmore Loan Management for mortgage fraud, falsification/misleading and misrepresentation, lack of knowledge, time theft, violation of laws-XXXX/XXXX  XXXX guideline, and Contract Alterations without written or verbal consent. 

My mortgage was sold from XXXX to Rushmore Loan Management early XXXX. On XX/XX/19, I received a notice from Rushmore Loan Management requesting that I send proof of homeowners insurance listing Rushmore Loan Management as the lien holder, which I confirmed with a representative of Rushmore Loan Management on XX/XX/19. I immediately emailed my insurance agent a copy of the letter asking that they provide the required information to Rushmore Loan Management on my behalf. At XXXX PST, my insurance agency responded to me confirming that the information has been provided and she attached a copy of the information in the email. At XXXX PST, my insurance agency received a confirmation notice that the required declaration page had been received. Since then, I have received monthly statements that reflect the breakdown of what my monthly payment includes. The line items read as follows : Principal $ , Interest $ , Escrow ( for Taxes and Insurance ) $ , Regular Monthly Payments $ , Total Fees and Charges $ , Overdue Payments $ , Total Amount Due $ , Partial Payment ( unapplied ) $ . On XX/XX/19, I received a voicemail from my insurance company stating that payment was refused by Rushmore Loan Management. I  immediately contact Rushmore Loan Management and asked why are they denying my insurance payment? They advised that its not included in my contract. I advised that I've had property taxes and homeowners insurance on my loan for 10+ years. I spoke with multiple representatives on this day and finally spoke with someone from Rushmore Loan Management Insurance team. She placed me on hold to research information and then advised that someone had incorrectly adjusted my insurance information which is incorrect and that they will be making the correction and she will cut a check on Friday XX/XX/19 to the insurance company. I asked if this would create an escrow shortage on my file and she said most likely ; I told her that I needed to get this resolved first and then I would address the escrow shortage at a later date once this is resolved. I then email my insurance company to expect a payment which was due to my insurance company on XX/XX/19. On XX/XX/19 at XXXX, I called Rushmore Loan Management to follow up and confirmation everything has been corrected and the representative advised that my insurance payment was denied, stated its not in my contract to pay. While on the phone, I emailed my insurance company of this information. I spoke with XXXX and explained that I had a HAMP modification on this loan which is in place for the life of the loan and requested that Rushmore research this information and get back with me. I also submitted a written request on their website on XX/XX/19 at XXXX - " My loan is fully escrowed in - property taxes ( XXXX county ), homeowners insurance ( XXXX  ), and PMI. Its been this way since I purchased the home 12+ years ago. On XX/XX/19, I received a letter from your company requesting an updated declaration page. XXXX immediately uploaded this information to your website on XX/XX/19 and a confirmation email was generated and provided to XXXX confirming that the information had been received on XX/XX/19 at XXXX. We have not requested for any adjustments to be made since your company took over our loan from XXXX. This issue was brought to your companies attention on XX/XX/19 at roughly XXXX. The XXXX payment is due today XX/XX/19 for {$830.00}. What is the problem? I need this resolved and not provided with excuses. I expect a resolution within a reasonable time frame. '' On XX/XX/19 at XXXX I received a response from XXXX XXXX stating - " Thank you for bringing this matter to our attention, we sincerely apologize for any inconvenience this may have caused. You may contact our Customer Service Department to regarding this matter of concern. at XXXX Monday - Thursday XXXX XXXX  to XXXX XXXX  PST, Friday XXXX XXXX  to XXXX XXXX  PST. ". As of today XX/XX/19 no information has been provided in writing via mail, email, or by website response. I followed up again with Rushmore Loan Management on XX/XX/19 at XXXX, spoke with XXXX with Rushmore Loan Management - she said forced placed insurance letter was mailed to me on XX/XX/19 and XX/XX/19-advised borrower that my insurance company provided the information to them. She confirmed that no forced place insurance has been billed to my loan. She said my contract does not include homeowners insurance. I advised her that I am on a HAMP modification and that it is a requirement to be fully escrowed in-property taxes and homeowners insurance for the term of the loan. I asked that she provide me with black and white/contract reflecting this information. 

During this process I have also been in contact with the old mortgage company XXXX on XX/XX/19 and XX/XX/19 - which they have provided me with the information that my loan has always included my homeowners insurance and the information that was sent to Rushmore Loan Management in the transfer. 

As you can see, I have been very diligent with staying in contact with my insurance company, XXXX, and trying to work with Rushmore Loan Management. This is coming to the end of week 4 that I have had to spending time discussing, researching, and emailing parties for assistance. I need assistance with getting this resolved. I can provide with a copy of my HAMP modification contract, phone records, emails, and screen shots of website requests. 

I will also be filing complaints with RESPA, OIG, Attorney General 's office. I am currently seeking out an attorney but have not retained one at this time.

Company response to consumer: Closed with explanation