Consumer complaint received 2017-08-16
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Dear Sir/Madam, I have concluded an extensive investigation and analysis of various documents associated with my Loan and the purported transfers and assignments thereof. These documents include : the Trust Deed, Note, and relevant foreclosure documents. I have determined there was apparent fraud involved with respect to several parties involved in invalid transfers/assignments of the Deed of Trust and Note relating to the above-mentioned property address. The invalid and fraudulent conveyance of rights, title and interest created lack of authority to transfer, substitute, or convey rights, title and interest of our Client 's property rights in relation to Deed of Trust, dated XX/XX/XXXX and recorded XX/XX/XXXX. As an additional matter, I am alarmed with the manner in which I have been treated by Rushmore Loan Management Services LLC 's representatives and single point of contact XXXX XXXX. Rushmore 's representatives and Rushmore single point of contact XXXX XXXX have made blatant misrepresentations_never return call, incorrectly imposed a late fee, causing me serious damages, including the potential foreclosure of my home. Rushmore Lost Mitigation XXXX ID XXXX confirm on XX/XX/XXXX in the amount of {$15000.00} _ included {$14000.00} from the previous servicer/Trustee ( XXXX XXXX XXXX XXXX ), Corporate advance $ XXXX_included {$4300.00} again from the previous servicer ( XXXX/ XXXX XXXX XXXX XXXX ) . Attached please find the Reinstatement quote from ( XXXX XXXX XXXX XXXX XXXX ). I requested Rushmore breakdown all their Fee/Late Charge/Payment and they never did. Rushmore single point of contact ( SPOC ) XXXX XXXX is completely unprofessional. Her customer service is non existent, she 's sleeping, she does n't know what 's going on with your file. I did request a reinstatement from XX/XX/XXXX until now XXXX never send it to me. Every time my representative ( XXXX ) call and request them to send me the reinstatement quote they refer me back to the sleeping, not working SPOC XXXX XXXX, until now almost a month, they continue process foreclosure on my property but I still did not receive the reinstatement quote as I requested. This loan has been reinstated on XX/XX/XXXX. Reinstating my loan means I pay the entire amount I 'm behind ( arrears ) plus all related fees ( such as interest and late fees ) to bring my loan current. After I reinstate, my loan did appear as paid to date in the lenders records and I will resume making my original mortgage payments. That 's what I know and I was back to my regular payment until the loan transfer to Rushmore Loan Management Services LLC. I need your explaination in detail with all evidence/documents that you have the right to increase my monthly payment from {$2900.00} to {$11000.00}.
The above-mentioned violations subject you to sanctions and nullification of the loan and the substantial nature of this claim may exceed the policy limits on any and all insurance policies issued that cover these types of risks. There are many legal issues here ; ( 1 ) Here, there is a lack of clarity as to the identity of the real party in interest with the power to foreclose. I contend that through their own actions, none of the parties involved actually continued to hold valid standing to foreclose when the foreclosure occurred. From the recorded documents I have retrieved it appears that XXXX XXXX XXXX XXXX was the original investor as of XX/XX/XXXX ( Exhibit " A '' ). However, the Notice of Default & Election to Sell under Deed of Trust ( Exhibit " B '' ) states that XXXX XXXX XXXX XXXX was the Investor listed. Then onXX/XX/XXXX XXXX XXXX XXXX was apparently assigned the Deed of Trust by XXXX ( Exhibit " C '' ). Then a Notice of Trustee Sale, dated XX/XX/XXXX and recorded XX/XX/XXXX ( Exhibit " E '' ) was filed under the name of either XXXX XXXX XXXX XXXX, as the only reference to the investor listed was the details of the original Deed of Trust 's recording information, or the apparently newly assigned investor, XXXX XXXX XXXX. Finally, the Assignment of Deed of Trust, dated XX/XX/XXXX and recorded XX/XX/XXXX ( Exhibit " F '' ) shows XXXX XXXX XXXX XXXX as the new assignee of the Deed of Trust, Dated XX/XX/XXXX & recorded XX/XX/XXXX. In preparation for a foreclosure my property Rushmore recorded a Corrective Assignment of Deed of Trust and Substitution of Trustee.I believe that, you whoever you are may have used interstate communications to tried to defraud are extort money from me, making a claim were no claim exists, which may be a violation under RICO and also the FDCPA.
DEMAND FOR ALL 40 QUESTIONS TO BE ANSWERED Every question in whole or in part must be answered completely, in detail And every question in whole or part must be Notarized and Certified by the person ( s ), agent ( s ) answering these 40 questions in whole or part below.
1 ) Please state your complete name ( s ), occupation ( s ) and mailing address ( s ). 2 ) Identify the source of the funds in the account that is the subject matter of this 3 ) Produce all original records, reports, memoranda relating to the source of funds relating to this disputed account and list all other sources of information such as computer file names, the database and locations at which related information is located and accessible. All Records, Reports must be Notarized and Certified that they are originals 4 ) Who was and is the owner/holder/ Investor of each account fromXX/XX/XXXX? The current Rushmore account is XXXX, their name and address, list those individuals having signature rights to each account, their name ( s ), title ( s ) if any and address ( s ). 5 ) Identify the account that was debited when the disputed account was created, by name, or account number, location, address. 6 ) Did the funds for the disputed account originate from another account or lending institution? Name of account or lending institutions name and address 7 ) List the names and addresses of all lending institutions from which the alleged funds were purported. 8 ) Please identify the account number from which the funds originated in order to create the disputed account, location, address. 9 ) Admit that no other account was debited when the disputed account was created must be notarized and certified 10 ) If you denied that no other account was debited when the disputed account was opened or created, please identify the account that was debited by the account number and the name or names of the debited accounts signer, holder and/or owner, and explain in detail how the funds for this account were originated, must be notarized and certified. 11 ) If you denied that no other account was debited when this disputed account was opened or created, state the total balance of this debited at the time the debit was made and, list the names, occupations and addresses of the signers and holders on the account and the date that the account was opened along with the opening balance. 12 ) Please produce all original documents and information, related in any way to your implication or allegation that a loan was given to me, notarized and certified. 13 ) Which employee of the bank authorized the transaction? name and title 14 ) If any loan origination system, software or other procedures were used in the opening of the disputed account, please identify the system by name, its address and describe in detail how it operates.
15 ) According to the alleged loan agreement, was the purported lender or financial institution involved in the alleged loan to use their money as adequate consideration to the promissory note from the alleged borrower? YES or NO. 16 ) According to the alleged loan agreement, was the purported lender or financial institution involved in the alleged loan to accept anything of value from the alleged borrower that would be used to fund a check or similar instrument in approximately the amount of the alleged loan? YES or NO. 17 ) According to the accounting/ bookkeeping entries, did the purported lender or financial institution involved in the alleged loan to accept anything of value from the alleged borrower that would be used to fund a check or similar instrument in approximately the amount of the alleged loan? YES or NO. 18 ) Was the intent of the purported loan agreement that the party that funded the loan should be repaid the money lent? YES or NO. 19 ) Did the purported lender involved in the alleged loan follow Generally Accepted Accounting Principles, GAAP? YES or NO. 20 ) Were all material facts disclosed in the witted agreement? YES or NO. 21 ) What is the name and address of any bank auditor or certified public accountant involved with or having any relation to the accounting function regarding this disputed account? 22 ) Identify the name and address of the records or accounting records or ledgers reflecting the transaction for the disputed account. 23 ) Were any other loan numbers assigned to the disputed account? 24 ) If you answered yes to the above question, please list those account numbers with date of assignment, must be notarized and certified. 25 ) Explain in exact detail how each account was created or originated. 26 ) Explain in detail how the funds for each account were deposited and where they originated, must be notarized and certified. 27 ) Was an account created with the purported loan amount then debited account? 28 ) Please explain your answer in exact detail to the above question # 27. 29 ) Please produce all records and tangible evidence relating to the questions herein and send them along with your response, must be by certified mail. 30 ) Are you or any of your agents, agencies bonded for your actions? 31 ) If so please send NOTARIZED, CERTIFIED COPY OF YOUR, THEIR BOND 32 ) Have your or any of your agencies ever taken an Oath? Notarized, Certified 33 ) If so please attach NOTARIZED, CERTIFIED COPY OF YOUR, THEIR OATH 34 ) Do you or any of your agents, agencies have Qualifications for your, their position? 35 ) If so please attach NOTARIZED, CERTIFIED COPY OF ALL QUALIFICATIONS 36 ) Was this alleged debt ever written off, charged off, charged against, on taxes or other lending institutions, credit reporting agencies, etc?, IF YES, Then list the names and addresses of all involved or related to this alleged debt, each must be notarized and certified. 37a ) Please identify what type of money supply was used for the extension of credit, loan supplied by Rushmore Loan Management Services LLC c/o XXXX, XXXX XXXX XXXX, XXXX And /also what was the type of money supplied ( M1 ), ( M2 ) or ( M3 ) type money in this alleged account? Must be Notarized and Certified. 37 ) Please identify if the security on this alleged account is a type I, type II, type III, type IV, or type V securities. Must be Notarized and Certified. 38 ) Please identify if at any time the security on this alleged account was converted into any stock option, IF YES, NAME OF STOCK, Must be Notarized and Certified. 39 ) Please provide a currency trace as it applies to the alleged loan or extension of credit. Each and every part of the trace must be Notarized and Certified by the person ( s ) Verifying the accuracy of the trace.
40 ) Please provide any an
d all documentation filed with the FDIC, SEC, OCC, and the Federal Reserve and any other regulating agency on Rushmore Loan Management Services LLC c/o XXXX, XXXX XXXX XXXX, XXXX

Company response to consumer: Closed with explanation