Consumer complaint received 2022-07-28
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC
State: NC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
We have had nothing, but issues since Rushmore Loan Management took over our loan. Apparently XXXX XXXX either sold our loan or had Rushmore begin servicing it. We are not 100 % clear on this. We believe it was transferred around the beginning of last year when we only owed a couple of XXXX dollars on our mortgage. We had made payments and then it seems more would be owed than what was actually supposed to be the balance. As of last fall we owed less than {$1000.00} on our mortgage. We have paid XXXX multiple times the SAME way we have always made our payments in order to payoff the loan, but since weve started trying to payoff the loan they will send payments back to us or will keep part of the money/payment and send the rest back to us. Weve called them multiple times over the past year just trying to pay the loan off, but they have been very unreasonable and fraudulent. We will ask them for a payoff and they will refuse to provide it over the phone and state that they will send it in the mail. Once it finally arrives in the mail the payoff amount is no longer good as the date has passed so we would call again and they would send another payoff, but once we received it the good until date had already passed. This has been a constant pattern. We asked multiple times over the past year to just let us pay over the phone and they refuse. We have sent money via our bank which is the same way we have always send payments and Rushmore sends the money back or only applies partial payment and send the rest back to us. We dont this multiple times. They are literally refusing to take our money and we only owe {$100.00}! A couple of months ago they told us they would only take certified funds for the last payment even though it was only {$100.00} and they had already sent money back to us so they had our funds at one point, but refused to apply them to our account and then sent our money back. They said to send a certified check or they prefer XXXX XXXX. XXXX XXXX funds are only supposed to be used for friends and family and it states this clearly on their website so we were not comfortable doing this. We have also seen information online where other customers have wired money through XXXX XXXX to Rushmore and Rushmore refuses to pick up the money and then start foreclosure proceedings. We went to our bank at the end of XXXX or beginning of XXXX and sent certified funds of {$200.00} via mail to Rushmore. This is more than the amount owed, but we want to make sure we sent more than enough. On XX/XX/22 we received a letter in the mail from XXXX XXXX firm stating we owed an outstanding balance of {$120.00} to noteholder : XXXX XXXX XXXX XXXX mortgage servicer : Rushmore Loan Management Services LLC. We had no idea that the {$200.00} certified funds had not been received or applied to our account. We went to our bank on XX/XX/22 and completed a wire transfer this time of {$200.00}. Our bank actually questioned sending this again because they had never heard of Rushmore Loan and were hesitant that they were an actual real company. However, the {$200.00} was sent via wire transfer on XX/XX/22. On XX/XX/22 we received a letter from Rushmore stating that they have started the foreclosure process and in order to prevent this we will now need to pay {$4300.00}. We immediately called Rushmore and they informed us they are attorney fees and we must pay those or they will move forward with foreclosure on XX/XX/22. However, the letter from the attorney says no attorney fees will be collected if the amount is paid within 5 days. We asked what we need to do to stop this process and they said to pay the {$4300.00} and we told them that isnt possible and this case needs to be reviewed. They said they will review, but that doesnt stop anything from moving forward. They asked us to send a letter stating why we disagree with this even though we have called multiple times and explained to the loss mitigation manager on XX/XX/22 the reasoning. We asked in the meantime if we need to complete the financial assistance application because we do not want to go into foreclosure and want this to be reviewed and fixed as we do believe they are a fraudulent company and are only taking advantage of people. They have refused to take the payoff of our mortgage on multiple occasions and are now trying to foreclose on our home. It is clear that this would be easy money for them as we clearly barely owed anything and honestly thought we had already paid off in the fall and then money kept getting tacked on somehow. We were told if we want to fill out the financial application then that will need to be completed by printing it out and then mailing it in. This is concerning since they supposedly dont always get the mail we send. We asked if we could email the letter they have requested and the financial application and receive a response that at least it has been received. We were informed they would not respond to email and would only communicate via mail, but will still continue with the foreclosure process. We dont know what to do, but all of this seems very fraudulent and planned. There are many other reviews online regarding Rushmore doing this same practice with other customers. This greatly concerns us for ourselves and for the elderly population that does not have access to the internet. We are desperately in need of help. 

We also called the XXXX XXXX XXXX yesterday and they stated we only owed {$120.00} and then the lady XXXX XXXX we believe was her name ) looked our account up again and stated she saw the {$4300.00} and she didnt understand why. She also stated that she doesnt know why the {$120.00} balance is so low. We told her because that is all that is owed. When we tried to tell her about Rushmore sending money back to us she said we probably didnt send enough money to cover the payment and we informed her each time we sent more than the payment that was due and she kept talking over us. She told us she would review the case within XXXX business days. We told her that Rushmore said they would move forward on XX/XX/22 and that we want to make sure proceedings were halted while this is investigated and fixed. She said she could not promise that. She also said that there she be no attorney fees at this time. We told her that the paperwork from XXXX said no attorney fees if paid in full within 5 days, but that isnt fair because the paperwork is dated XX/XX/22 and we didnt receive it within 5 days. She said they just have to put that in there for legal reasons, but they there is not an attorney fee at this time. She was able to offer no help. 

Some other concerns that are highly important regarding how Rushmore practices. We will call and they will refuse to give us information over the phone. We ask for payoff and they mail a payoff to us, but by the time we receive it the payoff is no longer good, they keep partial payments to avoid allowing us to pay off our loan, when we call and try to go to the automated system to check our account it sends us to collections or another department and most times it will say it is after hours and will need to call back the next day. We try to go online to pay, but can see nothing because it says we must contact collections. The company ( Rushmore ) literally makes it IMPOSSIBLE to pay off a loan/mortgage. We need help. Please let us know what we can do. We can not lose our family home over {$120.00}. We also want to make sure that this does not continue happening to others. The phone number for Rushmore is so tiny on the paperwork they we overlooked it multiple times. It is tiny and smudged. The info received from XXXX XXXX XXXX is encrypted or something and we cant read the statements they are supposedly sending us from Rushmore. 

Another concern weve noticed is that sometimes Rushmore paperwork states to send to XXXX XXXX and other times XXXX XXXX. This company is conducting fraudulent business practices. They also just had a lawsuit where they had to pay out {$1.00} XXXX for charging illegal fees to customers. 

We are happy to forward these current documents so you can see them. 

Please advise and assist.

Company response to consumer: Closed with explanation