Consumer complaint received 2021-06-19
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC
State: TX
Product: Mortgage
Sub-product: FHA mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
Just yesterday ( XX/XX/XXXX ), I received a Trustee 's Notice of Sale indicating that on XX/XX/XXXX, a property that I used to reside in will be sold. Most recently, the mortgage was serviced by XXXX XXXX XXXX. I called XXXX XXXX XXXX  only to be told that the loan was sold on XX/XX/XXXX to XXXX XXXX XXXX. This XXXX  ( XX/XX/XXXX ), I contacted XXXX XXXX only to be told that only to be told that as of XX/XX/XXXX that the loan had been sold to Rushmore Loan Management Services. Rushmore won't be available until Monday ( XX/XX/XXXX ). 

This matter actually began 4 years ago, and this is the SECOND foreclosure of this property that I have experienced despite my not being in the property for almost 4 years. This property was initially foreclosed upon in XX/XX/XXXX due to getting behind in payments of the home equity line of credit after losing my job. The main mortgage was with XXXX  and was current at the time of foreclosure. Upon the advice of an attorney, we exited the property in XX/XX/XXXX. 

Apparently, both mortgage companies spent the next 3 years in Court arguing over who had primary position. In XX/XX/XXXX, the judge issued a summary judgement essentially overturning the original foreclosure. By that time, I had moved on and had moved out of state. About a year ago, I was working with a financial consultant regarding ways to improve my credit. It was then that I realized all kinds of things were on my credit report that shouldn't have been. For instance, the foreclosure was on the report as well as negative remarks that I had neglected to pay my mortgage for 2 years since the foreclosure for this property. Similar negative reports were on my report regarding the home equity line of credit. 

It has been quite difficult to secure an attorney to assist in this matter. First of all, it is a requirement that the attorney be licensed in the state where the property is located ( Mississippi ). Secondly, the attorney needs to be experienced in real estate litigation matters. A number of attorneys that I have been referred to have indicated a reluctance of getting involved because of how many attorneys have been previously involved. ( Both mortgage companies have their own teams of attorneys as well as the 3rd party who bought the property from XXXX XXXX. ) I am not astute when it comes to legal matters, but I truly feel that I have been taken advantage of. The judge rescinding the initial foreclosure after 3 years certainly does not help me. I can not be made whole because the 3 years that my credit took a major hit largely because of the foreclosure can not be undone. 

Shortly after the initial foreclosure, our attorney had us sign a Quitclaim Deed signing the property over to the 3rd party. Our attorney said that this essentially absolves you of any future responsibility for this property ( hence a foreclosure ). That's why we signed the Quitclaim Deed. Well, that's not exactly true according to the Deed of Records with the XXXX XXXX ( MS ) XXXX XXXX. When the foreclosure was rescinded, that meant that legally the property reverted back to me as owner. And the Quitclaim Deed was null and void. The initial foreclosure happened in XX/XX/XXXX ; the Quitclaim Deed was signed in XX/XX/XXXX. Essentially, I didn't have a legal right to convey property that had been already foreclosed on because technically, I did not own it. Which brings me to this mess of a situation that I find myself in. 

First, I don't think that justice or any fairness has been provided to my family. The State of Mississippi has a long history of essentially stealing land from XXXX folks like my family. And XXXX XXXX has a well documented past of screwing over unaware, vulnerable homeowners. Those facts alone should give someone pause to carefully consider how one proceeds from this point. Shortly after the XX/XX/XXXX foreclosure, the 3rd party and the XXXX XXXX XXXX came to my home and advised me that I no longer owned the property and that I should leave ASAP. And if I didn't, I would be charged with trespassing and would be dealt with accordingly. 

Since the beginning of this year, the servicer of the mortgager has changed from XXXX XXXX XXXX, XXXX XXXX XXXX, and just this week ( XX/XX/XXXX ) to Rushmore Loan Management Services. I'm not even sure who it is that has initiated this second foreclosure. I at least need to know who to speak with regarding my options.

Company response to consumer: Closed with explanation