Consumer complaint received 2017-08-07
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
We are being ILLEGALLY foreclosed on in XXXX XXXX County, CA. by current servicer, Rushmore Loan Management Services LLC., and XXXX XXXX as " trustee '' for the RMAC Trust,  Series XXXX. ( Reference my previous Cases # XXXX AND # XXXX ). We purchased our loan " ORIGINALLY '' in XX/XX/XXXX from XXXX XXXX XXXX , XXXX Our " ORIGINAL '' trustee was XXXX XXXX XXXX XXXX , and our 'ORIGINAL TRUST '' was the XXXX Asset Backed Certificates Trust, Series XXXX. The " INVESTORS '' of the Original Trust XXXX  were paid-off by the XXXX RMBS Settlement in XX/XX/XXXX. All remaining loans in that trust were " re-purchased '' by XXXX XXXX XXXX, from XXXX XXXX ... due to fatal defects. In XX/XX/XXXX, XXXX XXXX sold off a series of " NON-PERFORMING, FATALLY -FLAWED '' loans in four separate pools to NEW INVESTORS. These investors paid pennies on the dollar to purchase fatally flawed loan. Rushmore Loan Management Services LLC. was one of those pool investors. They purchased the fourth pool, for which my loan was contained within it. Now, my loan from XXXX XXXX XXXX , XXXX was NEVER FUNDED BY XXXX XXXX XXXX, XXXX for one - and this was NEVER DISCLOSED to me or my husband when we purchased the loan. Secondly, XXXX NEVER PROPERLY ENDORSED MY LOAN NOTE, and only stamped one endorsement in blank, with XXXX XXXX XXXX 's " stampted '' signature. ALL OTHER ENDORSEMENTS that were supposed to be on my note, according to XXXX XXXX 's Pooling and Servicing Agreement, AND law, were missing. Even though there was " room '' on the bottom of the document for those endorsements. There was NO Notary signature or date on my original note. XXXX made a FATAL DEFECT in my loan, and rendered it UNSECURED with the originated it as a XXXX " MOM '' loan, and then they NEVER deposited the note into the trust.There is NO Assignment of Deed of Trust conveying the note anywhere from XXXX, or XXXX XXXX XXXX for all of XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX ..Not until XX/XX/XXXX!! And that was by Bank XXXX XXXX, after the " merger '' with XXXX XXXX XXXX, XXXX. The law and PSA state that an assignment MUST be " recorded " in the XXXX XXXX County Recorder 's Office within 90 days of conveyance. MY LOAN IS AN UNSECURED DEBT SINCE ORIGINATION in XX/XX/XXXX!! Rushmore Loan Management Services LLC., " purchased '' my " NON-PERFORMING, FATALLY FLAWED NOTE '' from XXXX XXXX in XX/XX/XXXX, and has been attempting an " ILLEGAL FORECLOSURE " ever since. They have a Trustee Sale dated for XX/XX/XXXX. XXXX XXXX XXXX. not in it 's individual capacity but solely as trustee for the " NEW '', " RE-SECURITIZED '' Trust, RMAC Trust, Series XXXX is now claiming to own the debt, and filed a FRAUDULENT Proof of Claim on XX/XX/XXXX in the XXXX XXXX XXXX California Federal Bankruptcy Court against me, claiming to be " CREDITOR ''. The Attorneys from XXXX XXXX and XXXX XXXX joined in that FRAUDULENT PROOF OF CLAIM, for the benefit of the Countrywide Investors THAT WERE ALREADY PAID OFF IN XX/XX/XXXX!!!! Rushmore Loan Management Services LLC., has been HOUNDING us for over a year now, and has committed many crimes for which they do not have to pay any consequences for. THEY CAN NOT PROVE THAT THEY LEGALLY OWN MY LOAN, as the Chain of Title was BROKEN in XX/XX/XXXX - and they are attempting to PROFIT FROM STEALING MY HOME, and reward themselves with any/all payments we were FORCED to pay them in a joke of a bankruptcy case from XX/XX/XXXX-XX/XX/XXXX. WE WANT RUSHMORE LOAN MANAGEMENT SERVICES LLC. AND XXXX XXXX FOR THE RMAC TRUST TO BE INVESTIGATED FOR FINANCIAL FRAUD AND CRIMES ON THE FEDERAL BANKRUPTCY COURT, AND FRAUDULENT DOCUMENTATION FILED IN THE XXXX XXXX COUNTY RECORDERS OFFICE, amongst many other crimes committed against us. CFPB : MAKE RUSHMORE LOAN MANAGEMENT SERVICES LLC., AND XXXX . XXXX FOR THE RMAC TRUST, XXXX XXXX ***PROVE**** THAT THEY OWN OUR NOT WITH THE ****ORIGINAL, WET INK NOTE*** with ALL appropriate endorsements, and assignments, FOR WHICH THEY CAN NOT PROVE .... MAKE THEM PROVE IT.!!! The fraudulent documents they produced in my other CFPB cases I mentioned in this complaint are BOGUS AND FRAUD. Make them **** PROVE*** the ORIGINAL, wet ink note with ALL THE PROPER ENDORSEMENTS!!! MAKE THEM DEMONSTRATE THE ASSIGNMENTS OF DEED OF TRUST ***PRIOR*** TO XX/XX/XXXX

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