Consumer complaint received 2019-11-08
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC
State: DC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I am writing because I believe my home has been foreclosed on illegally and I need assistance to stop this unlawful sale. I started to fall behind because I owed back taxes and the money I was making from the coffee shops I own was going to paying off the IRS. I also was involved in a custody battle over my child and opened a new business around the same time and lost a substantial amount of money. In XX/XX/XXXX I began to fall behind and thats when the issues with my lender started because they wouldnt work with me to accept the partial payments I was trying to submit and they consistently refused the requests I opened for modification and assistance. Things started to get even more complicated also because my loan was transferred to several different lenders who all gave me different information.

As a result I went into foreclosure in XX/XX/XXXX and the lender put my house up for sale at the foreclosure auction on XX/XX/XXXX. I never received a notice of sale and found out about the sale last minute and had to file Bankruptcy to stop the sale to try to see if I could apply for a loan modification or assistance and work something out with the lender to repay the debt I owed. I told the lender that I filed bankruptcy and followed up with them several times throughout the month of XX/XX/XXXX, and even spoke with an individual named XXXX, id # XXXX on XX/XX/XXXX who told me that my foreclosure was suspended because of the bankruptcy. But apparently, my bankruptcy was dismissed on XX/XX/XXXX and when I called on XX/XX/XXXX they told me that and also tried to say I had not been in contact with them for over a month when I had reached out several times within that time frame including on XX/XX/XXXX, XX/XX/XXXX, and again on XX/XX/XXXX. The next time I called was on XX/XX/XXXX and that is when a representative, XXXX ID # XXXX told me I had another sales on XX/XX/XXXX. I never received an actual notice of sale, but I was scared so I filed bankruptcy again on the day before the sale. I called the lender the same day I filed and spoke with XXXX XXXX who told me that he was going to give my information to the bankruptcy department and get the sales date postponed. I called again on XX/XX/XXXX and spoke with XXXX XXXX who told me that my account was in active bankruptcy and that I had 45 days to submit files for the loss mitigation department to review. I also called on XX/XX/XXXX and thats when a representative told me that my bankruptcy was dismissed on XX/XX/XXXX. Then, the next thing I know I got a motion to ratify in the mail on XX/XX/XXXX saying that my home was sold in a foreclosure auction on XX/XX/XXXX and that the sale had been finalized as of XX/XX/XXXX. 
I tried to call the lender to see why my home was sold while I was in bankruptcy and the representative I spoke with, XXXX, told me that my bankruptcy was not filed correctly. When I asked to speak with the bankruptcy department she would not transfer me and also told me that the bankruptcy department was not comfortable speaking with me and that something did happen with my bankruptcy but that she couldnt tell me what happened. She then tried to tell me that because I did not file all of my paperwork the day that I filed bankruptcy that it was the reason the bankruptcy was not valid. But she confirmed that the courts had my bankruptcy filing pending from XX/XX/XXXX through the XXXX and that because the bankruptcy wasnt completely filed they did not have to postpone the sales date, even though several representatives told me that my sales date was postponed throughout the entire month of XXXX. I asked to speak with the manager about this and spoke with XXXX in Loss Mitigation who told me that the bankruptcy attorneys advised them the sale was valid and that the stay of protection from bankruptcy was not valid. XXXX also was very rude to me and hung up in my face before I could ask if they filed anything with the court to stop my protection in the bankruptcy. I reached out to the bankruptcy attorney office which is XXXX XXXX XXXX and spoke with XXXX XXXX, the Post Sales Manager. XXXX was extremely rude and treated me as if I were stupid and told me that my bankruptcy was not valid and that I had no protection under it. So I asked him if they had asked the court to lift my protection and he insisted that he would not explain bankruptcy law to me, even though I told him I already understand it and just need to see proof that they filed for the protection to be removed but he declined. I asked to speak with the bankruptcy department and he also refused to transfer me and told me to get a bankruptcy lawyer.

Company response to consumer: Closed with explanation