Consumer complaint received 2018-03-03
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC
State: GA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
I have tried several times to communicate with Rushmore loan management services on their attempt to collect on a time barred account. By sending communication via US mail / fax and electronic submission though your portal on validation of debt as it relates to the FDCPA / FCRA. Giving out false information to the credit reporting agency to tarnish our credit. Failure to credit account as required by THE FAIR DEBT COLLECTIONS PRACTICES ACT, THE FAIR CREDIT REPORTING ACT and the credit acts of the state of Georgia. They pretended to be collecting on behalf of the original creditor. The original creditor was XXXX XXXX XXXX. I have taken it upon myself to contact the original party to settle any misinformation, in there response to me after I offered to tender payment to settle the account is that the account was credited in XXXX of XXXX, and they can not accept any payment. It was a recorded conversation with the approval of the agent named XXXX. According to 3-603. TENDER OF PAYMENT. 
( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. 

( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. 
Rushmore Loan Management Services continued with the harassment of trying to enforce a time barred account which is uncollectible. They are using the U.S. Mail to present such fraud and false instrument ( s ) amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C. 1341-Frauds, Swindles laws. In any event, they refuse to stop contacting me, then sent a communication again through the US mail staing they are going to foreclose on my property if I dont make a payment, additionally they are accelerating the debt and all amounts are now due. First of all, this debt has deen discharged, I confirmed this by checking with the county land records department that shows a cancellation of " loan. '' It is not now, nor has it ever been my intention to avoid paying any obligation that I lawfully owe. So, when I requested the verification / documents I was complying in good faith with those request for validation and notice that I dispute part of, or all of the alleged debt. Anyone can access the land records information, it is a public domain. That is where Rushmore printed all those so called assignments and submit them as proof of debt. I decided to protect myself and my interest, because Rushmore is the fourth party that has tried to collect on a time barred account. I filed a bankruptcy ( 7 ) on XX/XX/XXXX. Rushmore elected to auction my property under " act of State '' and claimed to have bought the property through bidding at XXXX, cash I might add. In this deception of them being the creditor, they violated a bankruptcy stay, and pass on their fraud to the next entity under the ficticious name of XXXX XXXX XXXX XXXX, XXXX ( XXXX ), d/b/a XXXXXXXX XXXX XXXXXXXX XXXX, or XXXX XXXX XXXX. Now we have another law firm involved in this fraud called XXXX XXXX XXXX which took it upon themselves to file an eviction summons on behalf of XXXX et al. By using government agents to do their dirty work, saying they are the owner of my property, and label me as a " tenant of sufferance. '' According to Georgia law if a creditor elects to recover property they should go through the district court where the property is located, but because these debt collectors know they do not have any contract with me, they took the easy road. I am still under the bankruptcy protection during all of this. XXXX XXXX on behalf of XXXX, although their is no record of any power of attorney for services for the attorney 's on the record. By using a false " indexed deed '' clause. The magistrate court elected to give these debt collectors a writ of possession without due process. There is no Power of Attorney for me on the county records, I have revoked any and all POA / in fact from the record on XX/XX/XXXX and send to all entities that purported to have a contract with me. The magistrate did not request me to pay any amounts to the debt collectors, so I appeal to the superior court in a timely manner. Now comes a different attorney, filing claims of rent payment and asking the court to force me to pay rent. Another act of state, using a hearing to drag me into court on a voluntary hearing which I decline. The judge has took it upon himself to approve rent without a contract and wants me to pay by XX/XX/XXXX, or he will have the sheriff put me out. This is ludicrous, how a debt collector can obstruct the law and get away with it. I am not leaving my property because I am not responsible for that " debt. '' I had a prior purchase agreement with XXXX under a non recourse context. So now here comes Rushmore sending me a XXXX saying I am responsible for a debt and that I abandoned my property. I am still domiciled at the property. I believe the claim that there is a valid lawful debt owed by me to the principal ( s ) is a crime per 15 U.S.C. 1692 ( e ) false, deceptive, and misleading representation, in connection with the collection of any debt such as the false representation of the character or legal status of any debt and no evidence to the contrary exists, and a crime under 18 USC 1001>stating fraudulent information. no debt to any of the principal ( s ) and that noted principal ( s ) is/are engaging in fraud by stating that they are the creditor, that they loaned any money or that they are entitled to any valuable consideration from me to satisfy a debt that without restitution would otherwise create a pecuniary loss to them. The business practices of the principal ( s ) its agents, officers, employees, and attorneys to determine violations of the United States and Georgias criminal laws. I believe the principal ( s ) claim of right in collection of a purported debt appears to be founded upon a false record in violation of U.S.C. Title 18 1001, 2071, 2073 ( falsifying records ) and further ; claiming and possessing false allegations and counterfeit securities [ securitized promissory note ] as well as un-substantiated claims of obligation, in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C. Title 18 1961 et.seq. I really need for someone to intervene, because this is getting out of hand. Respectfully,

Company response to consumer: Closed with explanation