Consumer complaint received 2022-09-09
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC (NY)

XX/XX/XXXX. XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, DC XXXX Dear Complaints Dept : RE : Complaint against Rushmore Loan Management Services 1. This letter serves as a complaint against Rushmore Loan Management Services located at XXXX XXXX XXXX XXXX XXXX XXXX XXXX, California zip code XXXX. ( Investor of the loan as of XX/XX/XXXX XXXX XXXX and XXXX XXXX located at XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Iowa zip code being XXXX ) My complaint stems from the following : A. No Finalization regarding Covid-19 related Modification B. Threatening Foreclosure regarding an Undisclosed and Unforeseen Debt C. False credit reporting D. Misleading the Consumer 2. My name is XXXX XXXX and I am the owner of XXXX XXXX XXXX in XXXX, New York zip code XXXX. On XX/XX/XXXX Rushmore Loan Management Services became the Servicer of the account. The account number is XXXX. 

3. During the commencement of the Pandemic I endured financial issues and required forbearances which the Servicer provided. In XX/XX/XXXX upon the conclusion of the final forbearance, I applied for a modification. The process took approximately 4 5 months to complete. I stayed in contact with the Servicer during this period to ensure the process would result in an approved modification. 

4. On XX/XX/XXXX, I spoke to XXXX Attorney XXXX who advised he was sending 2 agreements a balloon payment and modification agreement. In addition, he stated that a payment was required for XX/XX/XXXX in addition to the agreement. I immediately disputed his requirement due to the fact I was still in the modification process during XX/XX/XXXX and during that particular time still transmitting documents to the Servicer. Most importantly, I had not received any notification the modification application was approved in XX/XX/XXXX. XXXX Attorney XXXX advised that he would update the agreement and forward it to me. 

5. On XX/XX/XXXX, I still had not received the revised documents but recovered the initial agreement XXXX Attorney XXXX advised he sent. I signed the Balloon Payment potion of the agreement and provided a money order in the amount of {$330.00}. On XX/XX/XXXX, I conducted a follow-up with XXXX XXXX XXXX who advised nothing else was needed. Subsequently, I finally received the XXXX alleged revised agreement from XXXX Attorney XXXX. On XX/XX/XXXX I contacted XXXX and spoke to XXXX XXXX whom advised me to send 2 copies of the modification agreement to the Servicer and retain 1 copy for myself. 

6. On XX/XX/XXXX, I contacted the Servicer regarding an update and if taxes were included in payments. I spoke to XXXX XXXX XXXX who advised payment of {$330.00} was due, that property taxes are included, and advised me to send the revised agreement. On XX/XX/XXXX, I signed, and notarized the revised agreements, provided a payment of {$330.00}, and forwarded them back to the Servicer via XXXX  XXXX. 

7. On XX/XX/XXXX, spoke to XXXX XXXX XXXX again who advised the same as XX/XX/XXXX. Subsequently, I received notification the Servicer required the wet copies of the agreement in order to pursue processing. I immediately rectified the matter and provided the Servicer with all wet copies along with a letter acknowledging my error. On XX/XX/XXXX, spoke to XXXX XXXX XXXX who provided an update that the modification process was basically in its final stages and there was nothing required from me. In turn, I advised him I was sending a payment which the Servicer received and applied on XX/XX/XXXX. 

8. Subsequently, I received a YOU MAY BE AT RISK OF FORECLOSURE notice stating as of XX/XX/XXXX my home is 107 days and {$380.00} dollars in default. ( SEE ATTACHED ) 9. In conclusion, I am shocked and appalled by the Servicers fraud, misleading tactics, misrepresentation of the modification agreement, a charge of {$380.00}, 107 days past due, and risk of foreclosure notice. However, there was never any mention of the said amount. To this date, I have yet to receive the Covid-19 based modification from the Servicer. I have no documentation confirming the Servicers mutual agreement. 

10. I have spoken to XXXX  Reps XXXX XXXX, XXXX, XXXX, XXXX, and their attorney XXXX after the modification process had concluded on my behalf regarding a follow-up on the process and required payment no one has advised of payment past due. Where would this mysterious amount being 107 days late transpire from? I was in constant contact with the Servicer why wasnt this outstanding amount ever mentioned? I never received notice of the amount within 30 days or even 60 days. I was never given due process regarding the debt before it became 107 days late which has severely impacted my credit. 

11. The Servicer is clearly on a secret witch hunt in their numerous attempts to foreclose on my property. The Servicer seizes the opportunity to provide me with a fresh start. The Servicer provided many challenges in order to obtain a modification due to Covid-19. The Servicer had me owing a monthly payment of {$330.00} due for XX/XX/XXXX when the modification process was ongoing at the time. I was advised by the Servicers attorney they were going to rectify any amounts due for XXXX and provide an agreement where payment would be due for XX/XX/XXXX. 

12. I do admit owing the Servicer the difference regarding the XX/XX/XXXX increase whereas I provided a payment of {$330.00} and the amount due as of XXXX was {$350.00}. However, this error was caused by their representatives who advised me to make the same payments. I do not agree with the {$380.00} in default and the 107 days past due. 
I m seeking this matter to be rectified and do not wish for the Servicer to provide me a XXXX response containing notices/statements previously received. I do not wish for the Servicer to provide billing history, addendums, and agreements already received. I am, seeking their false credit reporting be dismissed due to not providing any facts or basis for the debt. In addition, I am seeking the official modification documents mutually agreed by all parties for my records. 


Sincerely, XXXX XXXX