Consumer complaint received 2018-09-12
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC
State: NJ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
History : I reside in a property that I bought as a single woman in XXXX. I married in XXXX and added my spouse to the deed in order to benefit from a lower interest rate in a refinance. This individual abandoned the family/property in XXXX. I have been solely responsible for the upkeep of the property. I have painstakingly paid the mortgage myself since XXXX, on time by the end of every Single month. I have received the property in a divorce settlement, even though it was not considered communal property because I owned it before the marriage. The issue at hand is that the individual who abandoned the home is on the mortgage note and I need to remove his name ASAP. 

Enclosed in the document sections please find a letter from Rushmore mortgage company indicating that my identity and ownership in the property have been confirmed and they made necessary adjustments to their servicing system to reflect me as a confirmed successor in interest. I have reviewed the new rulings of XX/XX/XXXX. Now that I have been approved as successor, I have presented to Rushmore again in an ongoing request since XX/XX/XXXX, to be substituted as obligor on the mortgage and have a document prepared for the individual on the mortgage to be released from liability. 

I have yet to receive an answer. I call into the mortgage company on a regular basis. I have sent in my request over and over, by mail and through fax. The last written request i faxed on XX/XX/XXXX. I have called in since and have been told to wait thirty days for a written response which I never received. When i called today, I was told theres no record of those documents. 

From my understanding, there was an also an interpretive ruling ( XXXX XXXX ) issued to clarify where a successor in interest who has previously acquired title to a dwelling agrees to be added as an obligor or substituted for the existing obligor on a consumer credit transaction secured by that dwelling, the creditors written acknowledgment of the successor as obligor is not subject to the bureaus ability to repay rule ( ATR RULE ) 1026. 43, because such a transaction does not constitute an assumption as defined by regulation Z. 1026. 20 ( b ) Unfortunately, every time I contact Rushmore by phone, I  received different information or different directions. I have asked to speak to supervisor is on this issue and I have consistently been denied. They sometimes referred to re-financing. I explain to them that I simply want to be substituted as obligor, and I am told by some of their staff that they have never even heard of that! I have also been told that the individual on the mortgage needs to make this request. I explain that as a confirmed successor in interest that I have the right to be treated as borrower and that I will have the individual sign a quick claim deed the same day he signs a release of liability that they provide, with a notary. They have yet to send these documents. I have explained to them that I understand that these rulings are new and maybe unfamiliar to them. However in the interest of Home retention, I am reaching out to you to help clarify this for Rushmore. This is my principal residence with XXXX children! I pay the mortgage every month in a timely manner. I understand my consumer rights according to these rulings and I just try to have faith that someone at Rushmore will be trained in these rulings and help me. Time is of the essence for my family. Please help

Company response to consumer: Closed with explanation