Consumer complaint received 2015-12-13
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC
State: FL
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
RE : RUSHMORE LOAN MANAGEMENT SERVICES, LLC BLATANTLY VIOLATING Regulation Z, which implements the Truth in Lending Act, Regulation X, which implements the Real Estate Settlement Procedures Act, the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank Act ) that relate to mortgage servicing, and the Real Estate Settlement Procedures Act ( RESPA ). 

Rushmore Loan Services LLC has consistently defied the Regulation Z, which implements the Truth in Lending Act, and Regulation X, which implements the Real Estate Settlement Procedures Act. As well as certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank Act ) that relate to mortgage servicing. Rushmore must provide me with a periodic statement for each billing cycle containing, among other things, information on current and past payments, fees imposed, transaction activity, application of past payments, contact information for the servicer and housing counselors, and, where applicable, information regarding delinquencies. They have never done so since they began taking payments from me XX/XX/XXXX 
In addition to this, I was charged for force placed insurance without being notified of these costs. Rushmore is prohibited from charging me for force-placed insurance coverage unless they had a reasonable basis to believe the I had not maintained hazard insurance and have provided me with a notice at least 45 days before charging the borrower for force-placed insurance coverage, and a second reminder notice at least 30 days after the first notice and 15 days before charging for force-placed coverage. I was only informed of forced placed insurance verbally, pursuant to my call to them XX/XX/XXXX. This was after having force placed insurance for over 1 year and 3 months. When I spoke to a manager, " XXXX '' I was told that we should only go forward, not backwards. Furthermore, she has yet to email me as she promised regarding my receiving an annual escrow account disclosure statement. I was never contacted by her supervisor " XXXX '', after being promised that I would, whom I requested to speak to. Rushmore service representatives have been discourteous, lacked knowledge, and rushed me off of the telephone. 
When I made multiple requests for information regarding my escrow and principle balance and had several complaints regarding them not being calculated correctly the service representatives did not provide me with steps I could take to address my concerns/grievances. Rushmore must designate a specific address for borrowers to use and is required to acknowledge the request or notice of error within five days. Rushmore failed to do what the rule requires. Rushmore is also required to correct the error asserted by the borrower and provide the borrower written notification of the correction, or to conduct an investigation and provide the borrower written notification that no error occurred, within 30 to 45 days. Rushmore never did this. Further, within a similar amount of time, servicers generally are required to acknowledge the borrower written requests for information and either provide the information or explain why the information is not available. Once again, Rushmore never did this. 
It is obvious that Rushmore does not have policies and procedures which protect the rights of borrowers. Rushmore is required to establish policies and procedures reasonably designed to achieve objectives specified by the government. Examples of the specified objectives include accessing and providing accurate and timely information to borrowers, investors, and courts ; facilitating oversight of, and compliance by, service providers ; facilitating transfer of information during servicing transfers ; and informing borrowers of the availability of written error resolution and information request procedures. In addition,

Company response to consumer: Closed with explanation