Consumer complaint received 2022-05-02
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC
State: MN
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
Currently Rushmore has us scheduled for a Sherriffs sale XX/XX/XXXX. I have not had a forbearance period granted. I received a modification that makes us lose our HUD protections, adds a variable interest rate, adds 10 years onto loan, gives them the right to sell my home with only 30 day notice for no reason, and we would be paying interest on our past due interest for another 30 years. We are XXXX years into our mortgage and missed 2 years worth te payments when we started hardship our principal balance was less than XXXX. The modification is for over XXXX and states we are responsible for fees ect from XX/XX/XXXX the date they created the modification through when our first pmt would be due on XX/XX/XXXX. We received the modification on XX/XX/XXXX and only had 10 days to reply. On day 6 they called wondering if we sent it back yet trying to strong-arm me into committing to send it that day. There is no trial period for the modification other than waiting for our first payment XX/XX/XXXX so it's a sealed deal that I can't back our of if I were to get reinstatement funds before XX/XX/XXXX. 
I would like to tell you my situation from the beginning of our hardship in XXXX of XXXX. 

One of the best days of my life occurred on XX/XX/XXXX as I gave birth to my perfect little girl. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. My XXXX was very challenging at the age of XXXX then XXXX although I began the first trimester in the best health I had achieved in 10 years. As my XXXX progressed I developed XXXX XXXX XXXXXXXX in my neck. The pain was intolerable by the end of the XXXX trimester and I was unable to preform my job duties as the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX I tried physical therapy, pain management, and all other options before claiming short term XXXX on a privately paid policy. 

The XXXX claim was only supported to be paid for XXXX XXXX weeks with one week being my unpaid waiting period. With the XXXX I was able to extend the benefit while I searched for a surgeon after my Doctor recommended that I get XXXX in replacement of her first recommendation of waiting XXXXXXXX  weeks after giving birth. I tried 2 surgeons from my area and was told ti come back XXXX weeks after giving birth vaginally. My doctor the referred me to the XXXX XXXX  XXXX I was told the same thing that I could not have XXXX until after XXXX and I could come back XXXX weeks after delivery. 

I again tried pain management doctors and physical therapy while collecting my short term XXXX claim that covered only partial wages. 

I gave birth on XX/XX/XXXX of XXXX and again had to wait the week waiting period for my maternity leave benefit to start for the XXXX week period. My baby was XXXX weeks old and although I had some improvement I had to look forwards to XXXX. My XXXX benefit expired and I was denied the claim I submitted while waiting for XXXX weeks postpartum when I could make an appointment with the surgeon of choice. 

I tried to work again as we needed the income. As I planned XXXX I was told that because of Covid my local clinics were emergency only and thar since I was working I was put on the waiting list. It would be 6 months before I cab see someone to determine if XXXX is the best option. I called the XXXX and they told me I needed to seek care locally because of covid. I had 6 months to wait to get medical help and my situation was worsening every day that I worked. It was only a few weeks later and I couldn't work again. I needed XXXX now. My doctor retired and I had no referrals and covid made it impossible to get an appointment anywhere. 

By the time the 6 months were up we had fallen 3 months behind on out mortgage and electric bill which was our source of heat. We had already pulled all of our IRA funds and were out of funds. A friend suggested that we apply for assistance at the Covid 19 Housing Assistance web page. 

The XXXX Economic Development assigned us an advocate at the beginning of XXXX. After submitting the application and required documents we were advised not to make any partial or full payments to our mortgage Company, 2nd mortgage and electronic company otherwise the funds will not be available from the grant if we are not behind. We were reassigned too a different adviser because ours was MIA. The new adviser confirmed the previous information and finished the process. We were approved for the grant after 3 months of waiting. It was going to cover XXXX Payments as well which I didn't apply for because the bill had not come yet. Our 2nd mortgage and electric provider received payment around XX/XX/XXXX. I had assumed that the fund 's were sent to our mortgage company as well. 
When I was finally seen by a doctor I was XXXXs and therapy ect. I am now working again. 

Our home is in forclosure and the grant money is no where to be found. On XX/XX/XXXX when the funds were submitted we. Were 7 months behind because of the advisers telling us not to pay. There was no way to make up 7 months of house payments. Our servicer was also changed right after applying for assistance with the mortgage company. I applied again with the new servicer after postponement of the sherriffs sale. We were again sold to another servicer. I finally have a loan modification however they took our HUD protections away, changed our fixed rate to variable, extended our loan term back to 30 years and it says they get the deed and can sell on default with 30 day eviction timeline. 
They dated the loan modification XX/XX/XXXX and it was next day aired XX/XX/XXXX. Terms begin XX/XX/XXXX it states. Our first payment due XX/XX/XXXX however that is also when the trial period ends making it final. I had 10 days to sign with notary and no time to get an attorney. In fact every attorney referred me to other attorneys. My advisors will not respond or call me back. The servicer on the loan was super hard to get a hold of and suddenly they can call me on day 6 to see if I Signed and returned the modification. 

With the missing grant money and my federal return I am very close to the amount owed but am told the modification is the only way. My home is worth XXXX according to tax statement and we could get XXXX Says my realtor. In XXXX of XXXX when I made our last payment we owed {$100000.00} and 20 years. The loan modification says XXXX and 30 years plus variable interest rate, plus losing our HUD right, plus they get the deed and can sell out our property and any belongings with 30 Day eviction notice and we have no right to refinance or sell without written notification asking permission. Is this a real mortgage. Nobody will help me. 

I need help now. Please. This is the last day to next day air our modification. I know XXXX  is to launch tomorrow or Wed but that's not a guarantee either. Please help me decide what to do here. This modification could leave us homeless in 30 days. Our forclosure sale is XX/XX/XXXX and it has already been postponed from XX/XX/XXXX so thus is it. Please help.

Company response to consumer: Closed with explanation