Consumer complaint received 2021-09-20
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
XX/XX/XXXX Rushmore Loan Management Services XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, CA. XXXX RE : CFPB Case Number Dear Rushmore ... c/o CFPB, Iam in receipt of your document : Reinstatement Quote, theres no date ... I received the document on XX/XX/XXXX, and today, XX/XX/XXXX, I received a Notice of Default and Intent to Accelerate, dated XX/XX/XXXX, in regards to the Account you Purport # XXXX on my property at : XXXX XXXX XXXX, XXXX, CA XXXX. 
Why am I receiving this... your Company, already have ALL THE PAYMENTS IN QUESTIONED... this is the 2nd Reinstatement Quote & 2nd Notice of Default and Intent to Accelerate, I have received ... and both times ... you had the pmts. In your possession, before mailing these ridiculous, deceptive, false letters to me. I already told you, IAM NOT IN DEFAULT nor in a DELINQUENT STATUS Its an Error from a previous Predatory Servicer ; you will need to INVESTIGATE this purported account. 

Iam Sorry ... your pre-successors didnt investigate, I asked them to, from the get go. If you are NOT GOING TO INVESTIGATE AT MY REQUEST, THEN YOU WILL NEED TO TAKE MY WORD, THIS IS THE TRUTH. BECAUSE, I WILL NOT LET THIS GO, UNTIL ITS CORRECTED GOT THAT XXXX/RUSHMORE!!! CORRECTED. 
This does NOT Mean this is a Duplicate Letter, as you insinuate, but wanting correction to an Error. Oh yes, your answer is Always the same answer, that you didnt find an Error occurred. Well, I dont give a XXXX what you think, when I provide BLATANT EVIDENCE that would stand in a Court of Law vs. what you think. 
IAM DONE WITH THE XXXXXXXX AND FAIRYTALES ... FROM THE PREDATORY SERVICERS. YALL HAVE FEDERAL AND STATE LAWS TO ABIDE BY. 
IF NEEDED, I CAN CONTACT SOMEONE WITH AUTHORITY, TO REMIND YOU. 

MY NOTE plainly states : My monthly payment will be in the amount of U.S. {$710.00}. I PAID THE RIGHTFUL AMOUNT DUE, EVERY MONTH. 
Per DOT Application of Payments or Proceeds # 2. Except as otherwise in this Section 2, All Payments accepted and applied by Lender shall be applied in the following order of Priority : ( a ) Interest Due under the Note ; ( b ) principal due under, the Note. 
So XXXX should have PAID the P & I Payments... instead of holding and Manipulating an illegal Default. The P & I is all you needed. 

I ALSO PAID THE TAXES, SO WHAT IS YOUR, XXXX, JUST BECAUSE YOU DIDNT GET, THE ESCROW PMT. FOR 6 MONTHS? NO ONE WAS HARMED, IN FACT, IAM NOT HARMED BY NOT PAYING YOU, THE ESCROW PMT. I RATHER HAVE IT AS SUCH. 

IS THERE A REASON WHY ... XXXX PMT. {$710.00} ... IS STILL SITTING IN THE XXXX ACCOUNT? It should have been PAID, 3 months ago. XXXX/Rushmore have been sitting on XXXX pmt. for 3 months, Rushmore sent me a Notice of Default and Intent to Accelerate over this XXXX pmt. when in fact, I did my part, 3 months ago. Its the Predatory Servicer that hasnt done their Due Diligent Job, paying XXXX pmt. Here it is XX/XX/XXXX and XXXX pmt is sitting and waiting. This could be the same thing, that happened to XX/XX/XXXX and XX/XX/XXXX pmt. Sitting and Waiting, in the XXXX Account ... Thats Why pmts need to be PAID when received, putting pmts into a standby account, instead of paying them, is XXXX. I Never Understood it, and still dont understand it. It makes No Sense, to backtrack, something that can be PAID and done with it. 

No you Dont Rushmore ... try to dump XXXX payment on me... I had Nothing to Do with the transfer transaction, and XXXX payment was in XXXX  possession, on XX/XX/XXXX, and they received the Escrow portion on XX/XX/XXXX, XXXX  neglected to pay XXXX payment... 
But then, arent you XXXX, with a new name? 

I see you have applied {$35.00} to the Late Charges Due. Which pmt are you alleging is XXXX, XXXX? Cant be, nay... XXXX received XX/XX/XXXX pmt. {$710.00} ( P & I ) in their Office on XX/XX/XXXX, along with, {$71.00}. These 2 pmts = {$780.00} were applied to the, Unapplied Funds. 

HELLO XXXX received Escrow pmt {$1300.00} on XX/XX/XXXX ... Why XXXX didnt pay All the payments, I dont know. XXXX transferred and passed the pmts. on, to Rushmore on XX/XX/XXXX. 
These Predatory Servicers XXXX about how pmts are DUE, on the 1st or your Considered in Default. However, theyre in No Hurry ... to pay the pmts, once they have them. They hold up to XXXX payments... 
XXXX pmt {$950.00} was received in Rushmore Office on XX/XX/XXXX ... ( grace period cut off date ) via Priority Mail... pmt. is Not Late. Rushmore did not apply the correct escrow amount of : {$240.00} Rushmore applied {$230.00}. 
XX/XX/XXXX pmt {$960.00}... was received in your Company Office on XX/XX/XXXX. 
I also sent an additional {$12.00} to be applied to XXXX Escrow Account, RushmorXXXX applied it to the Unapplied, instead. 
Rushmore did not apply the correct escrow amount of : {$240.00} for XXXX XXXX. Rushmore applied {$230.00}. These Predatory Servicers ... constantly ignore my request, and DO Whatever they XXXX WELL PLEASE... 
I DO NOT WANT THEM SERVICING THIS PURPORTED ACCOUNT!!! 
XX/XX/XXXX pmt. {$960.00} was received in your Company Office on XX/XX/XXXX. Total pmts sent to you and amounts in your possession : {$3800.00} REINSTATEMENT QUOTE. NOTICE OF DEFAULT XXXX pmt. {$940.00}. {$940.00} XXXX. pmt. XXXX XXXX XXXX pmt. XXXX. XXXX XXXX pmt. XXXX. XXXX Total. you {$3800.00} {$3800.00} have. XXXX. XXXX XXXX. XXXX XXXX. 
$ XXXX {$2600.00} ... ( {$2000.00} is the Escrow from XXXX ) someone had to do it. Money is missing from this Purported Account, from XXXXIm protecting, My Interest from the, Predatory Thieves. 
Yall are trying to manipulate something Deceitful ... like a, Default >Foreclosure ... NO CONSENT GIVEN, IMPLIED OR PRESUMED. 
Rushmore, you provided, XXXX pmt. history that ended with the date of, XX/XX/XXXX. There is another printout, that ends with XX/XX/XXXX ... this is the One, where XXXX  states, on XX/XX/XXXX : Late Charges Waive, {$210.00}, the Late Charges Column Amount : {$210.00}, the Balance Column : {$0.00}. 

Rushmore Im still waiting for, a copy of your servicing agreement, authorizing you as the Servicer, and the chain of endorsements, from the inception to present, I need verification of the rightful owner... XXXX pmt, is coming up real fast... No proof, No payment. 
Rushmore, show your cards, I Need Full Disclosure here. 

Sincerely,

Company response to consumer: Closed with explanation