Consumer complaint received 2020-01-14
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Name : XXXX and XXXX XXXX XXXX Address : XXXX XXXX XXXX XXXX, FL XXXX Complaint against : Rushmore Loan Services XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX for XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX. XXXX XXXX, XXXX, FL XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX, XXXX, FL XXXX I am requesting the XXXX report for the property address listed above. I believe that we have been a victim of Deceptive and Unfair Trade, Fair Debt Collection and Fair Credit Reporting. 

This is a XXXX XXXX loan. 
In XX/XX/XXXX, it was originated thru XXXX XXXX and sold to XXXX for supposed Mortgage Back Securitization in XX/XX/XXXX. XXXX XXXX  XXXX acquired the Servicing Rights during that time. 

Since XXXX, I have encountered great difficulties in obtaining information regarding my loan that originated with XXXX XXXX. 
XXXX XXXX ceased operations on XX/XX/XXXX. 

The failure of the XXXX XXXX  XXXX and/or their legal counsel to recognize the protections offered to GNMA securitized loans has caused great harm to me and my family. 

The creation of false documents has occurred since XXXX. False, deceptive and misleading representations by XXXX XXXX XXXX and XXXX XXXX has caused our inability to access the governments program -- HARP as neither entity would acknowledge this loan product. We were constantly told that we had a private label loan. 

There are three ( 3 ) areas that I would like to highlight in this complaint. 

They are ( 1 ) XXXX XXXX was the attorney of record for my case from XXXX to XXXX, ( 2 ) XXXX XXXX  XXXX claims to be both mortgage servicer and loan investor simultaneously and ( 3 )  Different Amount Owed on the Same Day. 

ISSUE # 1 XXXX XXXX XXXX MISREPRESENTATIONS ( FORECLOSURE MILL ) XXXX XXXX XXXX has been in possession of our file since XXXX. Yet, a lawsuit was not filed until XXXX. During those three years, a corrupt Chain of Title was recorded to give right to foreclosure on our property. 
***Note the documents upon which the file # XXXX is written**** XXXX is XXXX XXXX XXXX XXXX. The number 10 represents that year the file was boarded while XXXX is file number Why is the XXXX XXXX important? What entity paid for the law firm services from XXXX thru XXXX? 
It is during this time that XXXX XXXX  XXXX with XXXX XXXX XXXX as its counsel filed and recorded self-authenticating Assignments of Mortgage. 
It is noted that XXXX XXXX ( original lender ) ceased business operations on XX/XX/XXXX. As stated in MERS agreements, once an entity ceases to exist so does the ability to execute upon its behalf. 
Therefore, the Assignment of Mortgages were fraudulently recorded in XXXX XXXX, FL on XX/XX/XXXX and XX/XX/XXXX. 
During that time frame, XXXX XXXX has made material misrepresentations to me and more importantly the Court System. XXXX XXXX has committed XXXX upon the Court in XXXX and XXXX legal filings in XXXX XXXX. This law firm has been under investigation with FL Atty General Office and now XXXX for its role in creating fraudulent documents. 
As late as XX/XX/XXXX, XXXX XXXX was still pushing this false narrative in court. 
ISSUE # 2 XXXX XXXX TO BE BOTH MORTGAGE SERVICER AND MORTGAGE INVESTOR SIMULTANEOUSLY *XXXX  XXXX XXXX was a Mortgage Servicer. 
XXXX XXXX  XXXX XXXX not an Investor. 
This loan is a XXXX XXXX with title defects This loan was sold to XXXX in XX/XX/XXXX. 
But, the servicing rights were sold to XXXX XXXX  XXXX in XX/XX/XXXX In early XXXX, we received a letter from the OCCs Independent Foreclosure Review acknowledging that our loan had been in the foreclosure process between XX/XX/XXXX and XX/XX/XXXX. 
Seven years after this loan was booked in XX/XX/XXXX, XXXX XXXX  XXXX created and recorded documents to perfect a fraudulent Chain of Title in order to foreclose. The mortgage servicer and its legal counsel fabricated information. 
Based on the XXXX transactions, the only entity eligible to have sold the loan would be XXXX. XXXX served as the Investment Bank for this deal. Memorialized transactions show that XXXX XXXX sold the loan to XXXX. 
Also, I made numerous requests to XXXX XXXX  XXXX to view the original loan documentation in XXXX. After numerous requests, this did not occur until XXXX at the Law Firm of XXXX XXXX. 

ISSUE # 3 QWRs  CONTAINS CONFLICTING INFORMATION Numerous QWRs  in accordance with the RESPA have been sent since XXXX. In addition, several Request for Production of Note were sent too. 
Upon receipt of QWRs answers, each rendered different answers regarding ownership and servicer. 

DIFFERENT AMOUNTS OWED Two different documents mailed in XX/XX/XXXX listed different amounts owed on the loan. 
XX/XX/XXXX Mortgage Statement loan balance {$380000.00} XX/XX/XXXX ARM Adjustment Letter loan balance {$360000.00} DIFFERENT ALLEGED OWNERS XX/XX/XXXX Notice of Sale of Loan Letter states loan sold to XXXX  XXXX aka XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX filing lists the owner of loan is XXXX XXXX  Trust as Trustee for XXXX XXXX XXXX XXXX   XX/XX/XXXX Response to XX/XX/XXXX QWR states that loan is owned by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX DEBT VALIDATION LETTERS SENT BY SERVICER ON THE SAME DAY Mailed on XX/XX/XXXX XXXX XXXX states the creditor is XXXX XXXX XXXX XXXX Amount Owed {$510000.00} Second Letter states the creditor is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Amount Owed {$520000.00} * Note : In court documents, the amount owed was stated to be {$370000.00} as of XX/XX/XXXX Throughout this process, we have observed two things : 1 ) It appears that the Servicer ( s ) conceals the usage of Credit Default Insurance. This gives the illusion of a shadow balance sheet. Notice the XX/XX/XXXX balance and the XX/XX/XXXX balance. 
2 ) According to the Prospectus for XXXX XXXX XXXX XXXX, a loan that is greater than 120 days delinquent in not eligible. This loan is greater than 120 days past due. Also, loans contained in XXXX were assigned to the trust by XXXX XXXX. How can XXXX XXXX assign my loan when they do not appear in the chain of title? 


Other issues that I did not discuss include : ( 1 ) Other Alleged Owner/Investors and ( 2 ) OCC Consent Orders CHAIN OF TITLE PROBLEMS On XX/XX/XXXX, the XXXX and XXXX loans were originated by : XXXX XXXX XXXX XXXX XXXX XXXX # XXXX XXXX, FL XXXX ***Within one month of origination, XXXX XXXX XXXX both mortgages to : XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX PA XXXX This is important for two reasons : o XXXX XXXX XXXX XXXX  was an Investment Bank used to securitize XXXX XXXX XXXX. 
o It is only the Investor who earns the interest paid and thus the only entity that has Assignment of Mortgage and Note rights. 
o The paper trail supporting this fact is found on Line 901 of the XX/XX/XXXX Settlement Statements and XXXX XXXX Mortgage Interest Statements o XXXX XXXX was the Originator but XXXX was the Investor by virtue of receipt of the 1st Interest payment. 

Yet in XX/XX/XXXX and XX/XX/XXXX, XXXX XXXX XXXX with the assistance XXXX XXXX XXXX recorded XXXX Assignment of Mortgages. The fraudulent assignments purported that XXXX XXXX thru XXXX  transferred ownership to XXXX XXXX  XXXX. 

Several inconsistencies exist.

Company response to consumer: Closed with explanation