Consumer complaint received 2018-03-08
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
in XX/XX/XXXX we applied for the HARP Program and were approved. was the typical 2 % start to 5 % after 6yrs. all was going great until XX/XX/XXXX when our current mortgage company at that time ( XXXX ) sold our mortgage to ( XXXX ) but didn't inform us. 
we fond out when we started getting letters from ( XXXX ) that we were behind in our payment and if we didn't catch up our house would be foreclosed on. we were like what so we called ( XXXX ) to find out what was going on. after being shuffled between numerous agents and getting no where they said they no longer owned our mortgage and we would have to talk to ( XXXX ). so we did and thet said we needed to pay the back months owed plus interest or they would have to forclose on our mortgage. 
we told then we had been making the payments to ( XXXX ) and cant you get it from them sense we paid them. we started paying ( XXXX ) and they accepted it for a cpl months as we tried to get ( XXXX ) to give up the money to ( XXXX ). ( XXXX said they were able to get part of what they had but not all and that if we didn't catch up they would start the foreclosure on us. 
we contacted a lawyer ( XXXX XXXX XXXX XXXX ) XX/XX/XXXXafter explain what was happening they agreed to assist us while they were working on this my father had become severely ill in the XXXX and we had to go there. We explained to the lawyer ( XXXX XXXX XXXX ) that we had to go to the XXXX and our friend would be handling anything that needed if we were unable to from the XXXX. 
The mortgage company XXXX XXXX XXXX agreed to what ( XXXX XXXX XXXX XXXX ) asked for which was Take what was in the rears and put it at the end of the loan take the loan to 40yrs at a 2 % interest. 
They sent the document to our friend as they couldnt get it to us, he called us and ready it to us and I asked him to please send an email to the lawyer ( XXXX XXXX XXXX ) and specifically ask if what we are reading was correct 40yrs at 2 % which he did and they came back saying YES so we said ok. 
They wanted it signed before we came back from the XXXX which was in 4 days but there was no way we could so we had my friend ask for and extension fir 1 week until we got home ( XXXX XXXX XXXX XXXX ) agreed. 
As soon as we got home we signed the papers and sent them back to get this over with, but being so jetlagged we forgot to make copies so now we are assuming we are all set for the rest of the time we own this house. 
Now its XX/XX/XXXX and ( XXXX, XXXX ) has once again sold our mortgage this time to ( Rushmore Loan Management ) Now it is XX/XX/XXXX and we are getting letters from ( Rushmore ) and getting phone calls that we are in default on our mortgage because or interest rate has gone to 3 % then a few months later it has gone to 5 % So we called and was like what is going on they said the interest rate has gone up and we are like no we had a lawyer fix it back in XX/XX/XXXX to a 2 % for 40yrs and they stated they dont see that. And if we dont catch up we would be foreclosed on again we got scared and found a lawyer to assist us XX/XX/XXXX. This lawyer name is ( XXXX XXXX XXXX ) and they asked for {$4500.00} to fix it and we can pay in 3 instalments of {$1500.00} we said we cant afford that and XXXX from ( XXXX XXXX XXXX ) stated what most people do is not pay the mortgage and pay them instead we agreed and setup for them to auto debit our checking account {$1500.00} on a certain day each month, and they started to work on fixing us. On the 4th month I called and asked what was up with our case and XXXX from ( XXXX XXXX XXXX ) stated that they did not receive the last payment of {$1500.00} and I said yes you did my bank has already debited it. He asked me to send him a copy if the bank statement to show this. And also between XX/XX/XXXX and XX/XX/XXXX they decided to debit from my checking account {$490.00} which I did not authorize and when I called and actually got to talk to someone ( XXXX XXXX ) he stated that its on the contract I signed in the beginning I said I do not remember that and would you please send me a copy of that which I never received, four times or 5 times so my total I paid for this was {$6500.00} to {$7000.00} I sent it to him and he checked with their accounting dept. and said he was sorry but they would have to start over and would get right on it. ( XXXX XXXX XXXX ) asked for documents like last 3 months of our pay stubs, checking account, last 2 yrs of our income tax. We sent it all to them. I would call on occasion to see where we were and they would say working on it but they needed more pay stubs, checking account information this went 0n for a cpl months. 
Now it is the end of XXXX and they said they were waiting on ( Rushmore ) to reply to them. The end of XXXX we got an email with what they called a Loan Modification that ( Rushmore ) sent them, of a 3month payment of {$2800.00} and as long as we paid that onetime each month we would be ok and then we would get the % interest and monthly payment we would have to pay for the rest of the loan. 
I emailed back asking why a loan mod as we were not asking for that just asking them to continue the agreement from XX/XX/XXXX. ( XXXX from Rushmore ) and how can {$2800.00} help us as we have been paying {$1600.00} for the past 7yrs and how can they be saying that is helping us. ( XXXX from Rushmore ) stated that we should accept this as that is the best they can do. 
This was the first part of XX/XX/XXXX I said NO we do not accept this and I want to take them to court, she said that would be a litigation I said thats fine lets make it happen as we will not accept what they are asking, she ( XXXX from Rushmore ) said ok they will get back to me. 
I gave it a cpl weeks figured it is the XXXX and XXXX XXXX holiday and contacted by phone and email ( XXXX, XXXX and a man named XXXX from Rushmore ) in XXXX no answer. This went on for a month of many calls and emails with absolutely no answer from ( XXXX, XXXX and a man named XXXX from Rushmore ). I was getting very frustrated and nervous. 
Then in XXXX we started getting calls from other Real a state people and other lawyers saying that my house was in pre-foreclosure and I like what Again many emails and phone calls to ( XXXX, XXXX and a man named XXXX from Rushmore ) no answers and getting the letter in the mail that yes we were in foreclosure with a sale date of XX/XX/XXXX so here we are now hoping that this will help us to get this resolved.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation