Consumer complaint received 2019-11-07
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Complaint # 3 to try and have the subject property 's account ledger corrected and updated to show misapplied payment from XX/XX/XXXX that has been consistently forcing the account into default. 

The CFPB has closed the case again without the company actually responding to the allegations and need for enforcement of their obligation to appropriately apply funds received to the accounts they are servicing and correcting a mistake when a mistake is found. Rushmore 's inability to provide a single point of contact that actually works on the files, has directly impacted this borrower and property owner. 

Actual Summary of Events : Mortgage Reinstatement under borrower account XXXX XXXX was made on XX/XX/XXXX by property purchaser XXXX XXXX through an escrow that was opened and processed as a short sale transaction with the knowledge and participation of Rushmore. 

Rushmore stated in their XX/XX/XXXX response : Account was due for a XX/XX/XXXX payment when escrow closed and no additional payments were received from XXXX XXXX after she reinstated the loan until XX/XX/XXXX. Rushmore 's original response further states that because the account was in default with no workout plan, meaning 90 days or more past due with no intention of resolving the matter, it rejected the additional payments made by XXXX XXXX. 

This 3rd complaint will be the final attempt for a mutual resolution. 

Account Reinstated : XX/XX/XXXX Next Payment Due Date : XX/XX/XXXX - 1st Payment Made : XX/XX/XXXX* - 1st Written Correspondence from XXXX XXXX to Rushmore regarding Rushmore 's claim of missing payments, proof of payments made and request for available payment assistance options : XX/XX/XXXX - 1st Written Response from Rushmore regarding misapplied funds and system correction : XX/XX/XXXX*. *Please note, after Rushmore issued their administrative error notification dated XX/XX/XXXX, it stopped accepting payments on the account. At this time, the account was less than 30 days past due because Rushmore cashed a payment on XX/XX/XXXX. 

2nd Payment Made : XX/XX/XXXX ( Cashier 's Check Cashed by Rushmore XX/XX/XXXX ) 3rd Payment Made : XX/XX/XXXX ( Cashier 's Check Uncashed by Rushmore ) XX/XX/XXXX 4th Payment Made : XX/XX/XXXX ( Cashier 's Check Uncashed by Rushmore )  5th Payment Made : XX/XX/XXXX ( Cashier 's Check Uncashed by Rushmore ) 4th Payment Made : XX/XX/XXXX ( Cashier 's Check Uncashed by Rushmore )  Attached to this complaint are the copies of the cashier 's checks, wires and letters from XXXX XXXX. 

Please note, after 2 complaints filed and multiple documents and proof of payments shared, Rushmore still does not accept the mistake of not properly updating their administrative error in their processing of payments made to this account. XXXX XXXX is asking for the foreclosure sale date to be suspended a that a payments be corrected in the system. As a result, XXXX XXXX should be given the opportunity to resolve the account with Rushmore within 90 days of the agreement to suspend the foreclosure and/or re-initiate the proper foreclosure proceedings.

Company response to consumer: Closed with explanation