Consumer complaint received 2018-06-06
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC
State: AZ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I am writing this letter of complaint regarding Rushmore Loan Management Services. We purchased our home in XX/XX/XXXX, and later refinanced through XXXX XXXX in approximately XX/XX/XXXX, in XX/XX/XXXX we added a room on to our home due to an increase in our family. We financed a second mortgage through XXXX XXXX. We had no problems at all with our loans and no disagreements regarding the on time payments to these companies. 

In XX/XX/XXXX both mortgages were bought by Rushmore Loan Management Services ( RLMS ) we have encountered nothing but problems since RLMS purchased our loans in XX/XX/XXXX. We have had an ongoing battle with RLMS since XX/XX/XXXX over the payments of the first mortgage, if they were paid or not paid. 

The first time we were made aware of the Missed payment the excuse RLMS gave us was when the 1st Mortgage came over from XXXX XXXX the XX/XX/XXXX payment did not come over with the mortgage package. However we proved the payment did in fact follow the loan to RLMS. Then representatives at Rushmore kept changing the month that the payment was missing. Each time we determined the payment for the specified month, had in fact been paid, the month of the missing payment changed. This is still happening to this day. In researching this matter we found that RLMS had pulled double payments in certain months and no payment in the following month. 

After proving the payments have all been made, we were again required to send in the proof of payments several more times. 

In XX/XX/XXXX, I spoke with a representative in the customer service department who after going over all the history of payments said that we were current on the payments and not to worry, because according to what she was seeing there were no missed payments. 

This brings us to the present issues we are having with RLMS which are as follows : On XX/XX/XXXX, we received a letter dated XX/XX/XXXX, notifying us our payment had increased from XXXX to XXXX, Retroactive back to XX/XX/XXXX. When I called RLMS the representative explained that was for advanced escrow fees, they had paid our property taxes, we had already paid. We did not receive this notice until XX/XX/XXXX, however, when I called RLMS the representative was adamant that we were notified prior to the letter dated XX/XX/XXXX. The representative started to argue with me over the payment and told me that it was too bad, we could not accommodate the increased amount, we would pay the increased amount or else. I hung up the phone and called back later. The representative I spoke with at this time told me that I could request the payment be spread out over a period of time, and our payment amount would not increase by such a large amount. I faxed a letter to DCA ( the department the representative told me to fax it to, but she did not say what DCA stood for ) the same day, XX/XX/XXXX. We have not received written notification that our payment has been adjusted to reflect a spread of 36 months for the advancement of the escrow, and to continue the escrow for property tax purposes, which in the future RLMS will be paying from the escrow account, something we asked them to do in XX/XX/XXXX, when this first started. RLMS stated they could not change things to have us increase the payment to start an escrow account. 

In late XX/XX/XXXX we found out that the reason we were getting notices that we were months behind was because of the adjustment to the payment retro to XX/XX/XXXX. I was told by the representative I have been dealing with about the adjustment and that to bring things into line I needed to pay XXXX dollars to make up the difference for the XX/XX/XXXX and XX/XX/XXXX payments. I have been trying to do that however RLMS has not taken that amount out of our checking account. Rushmores Confirmation Number for this payment is XXXX, made on XX/XX/XXXX. Later we found out RLMS was trying to take this out of a closed account even though I had given the correct bank routing number and account number. Finally, on XX/XX/XXXX, after two more tries RLMS finally got the bank account correct and took the XXXX. 

A representative, XXXX, from the California Office was kind enough and patient enough to go over the account payment history with me since Rushmore had taken over the loan. I went through all my bank statements from the time RLMS took over the loan and I have found that Rushmore had not taken the  payment for some months, but took double payments for some months. During the months of XX/XX/XXXX through XX/XX/XXXX Rushmore was automatically withdrawing the payments from our checking account. In XX/XX/XXXX, I discontinued that option, and send the payment through my credit union bill pay directly to Rushmore, since XX/XX/XXXX not one payment is missing. 

We were also turned over to a credit bureau for being 30 days late, due to the increase in the payment amount, the amount of payment being sent was actually short, since the payment had been adjusted to XXXX from the XXXX, there again we had no idea the amount of the payment had changed and was retro-active back to XX/XX/XXXX. We would like this to be corrected with the credit bureau since this was of no fault of ours. RLMS is also trying to foreclose on our loan. When I sent a letter of complaint to RLMS DCA Dept. asking these issues be corrected we received a letter stating the report to the credit bureau was not an error and therefore they would not correct the notice to the credit bureau. The complaint also contained the rest of the issues as stated in this letter, but those issues were not, nor have they been addressed, in fact the issues are being totally ignored by RLMS. 

RLMS representatives are now saying that we missed the payment to XXXX XXXX in the month of XX/XX/XXXX, before RLMS even bought the loan. We have a payment history from XXXX which shows that every payment had been made on time. However, RLMS wants us to get proof from our bank that the payment was in fact taken out of our account. We have already provided them with more than a year of past payments. 

The real clincher is RLMS is also telling us that since RLMS is also telling us that our mortgage with XXXX XXXX was part of the program to lower our interest each year by a small interest point, if all payments were made on time, we owe back interest on both loans. The representative at RLMS said the reason for this is because there was a class action settlement inXX/XX/XXXX because of a law suit against the program, and in that settlement the requirement was to pay back all that interest by adding it to the end of all the customers mortgages who were under that program. This is the first time we have heard of such a thing. Shouldnt XXXX have been the one to notify us when this took place, since it was in XX/XX/XXXX, months before our loan was sold to RLMS? If this really is our problem, shouldnt we have gotten legal notice? 

We want to straighten out this mess with RLMS and be able to come to some kind of agreement to get this back on track. 

Just a side note, while researching RLMS I found numerous complaints for the same type of dealings with others, those that had mortgages with XXXX XXXX are receiving the type of treatment we are. One Consumer Advocate site listed 355 complaints against Rushmore Loan Management Services.

Company response to consumer: Closed with explanation