Consumer complaint received 2019-11-14
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
I Need CFPB Help after I inherited a home plus on I am on Joint Tittle!

CFPB rules can help you keep a mortgaged home that you inherit.

Treasury Code : CFR 240.15 - Checks issued to deceased payees.

Rushmore Loan Management services are ignoring and refusing the rules set by CFPB Note : The CFPB interpretive rule and corresponding guidance on how to implement the rule imposes certain duties on mortgage servicers in situations where the original borrower dies. Mortgage servicers must, among other things : promptly identify and communicate with surviving family members and others who have a legal interest in the home, and promptly provide information about how to continue to pay the mortgage, take over the mortgage loan, or XXXX if appropriate ) qualify for available loss mitigation options such as a mortgage modification. 
The servicer must also promptly evaluate whether to postpone or stop a pending foreclosure to provide the heir with a reasonable amount of time to add his or her name to the mortgage and, if needed, apply for a mortgage modification. 

RUSHMORE IS IGNORING ALL THESE RULES AND MAKING THERE OWN RULES!!! 

My mother XXXX XXXX XXXX XXXX passed away XX/XX/XXXX in XXXX County and owned a home with Mortgage ( Rushmore Loan Management Services ) she was the sole Mortgager on the loan at the time of her death. XXXX had a Living Trust when she died and named my Dad ( XXXX XXXX XXXX ) as the Successor Trustee ( Also Under Calif Law this home was community property ) XXXX XXXX XXXX Received the home located XXXX XXXX XXXX XXXX, Ca XXXX. XXXX County. We also been paying on this home for more than 8 years. Prior to my dads death I have found many documents and letters sent to Rushmore and they refused to talk to his and allow him to modify loan at all. 
In XX/XX/XXXX XXXX XXXX XXXX added the home to his living Trust and then in XXXX added me as Joint Tenant and we each placed our individual 1/2 into our own trust. When my dad died XX/XX/XXXX I am the Successor trustee and my dad named me to receive the home in his trust. So now I am The Sole owner with all right and privileges and responsibilities that go with owning a home which I recently sold XX/XX/XXXX. The major Problem is When Rushmore Loan sent me the Refund check from escrow account that I helped pay as I was making mortgage payments. The check came in XXXX XXXX XXXX name ( XXXX ) to my address that I provided and they also have all my information, Phone Number ETC AND I have sent them every single legal document possible BUT Rushmore refuses to talk to me about any account details, will not re-issue check despite the fact XXXX XXXX XXXX has been died for more than 8 years and it's illegal for them according to Treasury Code 31 CFR 240.15 - Checks issued to deceased payees. and they have know she is deceased for a long time. So its illegal for Rushmore to sent a refund check to deceased person and it's there responsibility to make sure any refunds get done in the proper and legal way meaning to the trust of my dad as trustee but Rushmore is ignoring me perhaps they will listen to CFPB? 
I Sent check back 2 Times by Cert Mail along with all legal documents But they returned it to me with Deceased XXXX XXXX XXXX Name on it AGAIN! and then sent me Cert letter saying that I'm not authorized so they can't talk to me without even looking at my documents ( Very frustrating ) I have included some documents and have sent everything to Rushmore already. I have documents to show me as joint tenant if needed Please help me! 

XXXX XXXX XXXX ( XXXX ) XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX

Company response to consumer: Closed with explanation