Consumer complaint received 2017-05-27
Product: Debt collection — Mortgage debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC (VA)

While it would probably be easier to reference which FCRA laws have not been violated, here is my story and plea for CFPB involvement.
This is a complaint, to enforce my rights in accordance with the FCRA, encompassing a multitude of ongoing fraudulent, deceptive and unfair practices pertaining to  a  XX/XX/XXXX  mor tgage default, currently underway in a second foreclosure suit. ( The first was voluntarily dismissed without prejudice by plaintiff  on   XX/XX/XXXX . ) While the violations have mounted over the years, the most recent and serious infractions involve the deliberate re-aging of this account on my credit report by Rushmore Loan Management ( RLM ), current servicer as of  XX/XX/XXXX  ; the Credit Reporting Agencys ( CRAs ) improper investigations and continual verification of falsified information ; as well as, the continued pursuit of foreclosure by current plaintiff,   XXXX   XXXX   XXXX  ., with complete disregard to the (  XXXX  )   XXXX   Debt Cancellation issued by   XXXX   XXXX   XXXX   (  XXXX  ), servicer until  XX/XX/XXXX  . As   a result, my credit score is once again tanked and Im now faced with re-serving sentence, double jeopardy if you will. Therefore, I urgently request CFPB involvement to seek relief, resolution, and, recovery of all monetary damages that I may be entitled to. Supportive documentation is attached as referenced.
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1. CANCELLATION OF DEBT  XXXX  By notice dated XX/XX/XXXX  ( Attachment 1 ),  XXXX  transferred servicing of the mortgage loan to RLM effec tive   XX/XX/XXXX , then continued involvement as attorney-in-fact for   XXXX   XXXX   XXXX  .
<P/>   XXXX     XXXX   furnished two  XXXX  forms ( Cancellation of Debt ) totaling {$280000.00}, identifying date of identifiable event  XX/XX/XXXX  ; debt description mortgage ; identifiable event code I ( Attachment 2 ). Each reported {$140000.00} separately ( to me and my ex-husband of 10 years ) to be reported as income on   XXXX   IRS tax reports.
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As written in the updated   XXXX   IRS Publication 4681, 1. Canceled Debts, General Rules, Form  XXXX . Generally, if a debt for which you are personally liable is forgiven or discharged for less than the full amount owed, the debt is considered canceled in whatever amount it remained unpaid.
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It further states under Identifiable Event Codes : Code I is used to identify an actual cancellation of debt that occurs before bankruptcy, other judicial debt relief, statute of limitations or expiration of deficiency period, foreclosure election, debt relief from probate or similar proceeding, by agreement, decision or policy to discontinue collection.
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My attorney,   XXXX   XXXX   emailed Plaintiffs Attorney,   XXXX   XXXX   XXXX   XXXX   XXXX   (   XXXX   ), asking for confirmation of debt discharge, and, if Plaintiff would no longer be pursuing the foreclosure, with no response. ( Attachment 3 )  XX/XX/XXXX  My attorney filed a Request For Production Of Documents, and a Second Set of Interrogatories directly addressing the  XXXX s. To date, not only has plaintiffs attorney,  XXXX ,   XXXX   XXXX   XXXX   XXXX   (   XXXX    ), fai led to answer any related questions, they continue to pursue foreclosure of the full amount, without acknowledgement whatsoever, of the now cancelled debt. This, by any interpretation of the law, is a serious illegal and fraudulent violation of the FCRA.
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2. CREDIT REPORTING AND DISPUTES RE-AGED Account on Credit Reports, Improper Investigations, Falsified Verifications, Failure to Notify, Inaccurate Accounting After 10+ years of following the guidelines for credit recovery, including that provided on the websites of all   XXXX    nationwide CRAs, I just recently improved my credit score to a respectable  XXXX . On  XX/XX/XXXX , I replied to an offer of credit with   XXXX   XXXX   who I have a flawless 16 month relationship. I was blindsided by their immediate decline ( Attached # 4 ). Then responded to 5.9 % offer from  XXXX . Offer accepted, but instead, at 30.99 %. These raised a red flag prompting me to check my   XXXX    report  only to find that my updated score of   XXXX   on  XX/XX/XXXX ( reduced from  XXXX  due to purchase of a vehicle ) had dropped to  XXXX . ( Attachment 5 ) Its an atrocity that the CRAs and like companies are permitted to publish helpful consumer guidelines and give counseling for credit repair/recovery, only to be kicked back to   XXXX   gates if actually achieved. Ive initiated several disputes and have submitted prior credit reports with all   XXXX   CRAs to no avail. Instead, they continue to support RLMs false verification of accuracy. Willful, negligent re-aging and refusal of verifiable evidence to substantiate are in serious violation of the FCRA.
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RE-AGED ACCOUNT SUPPORTIVE FACT S   XX/XX/XXXX   XXXX  first reported this delinquent account to the   XXXX   major credit reporting agencies establishing Date of Last Payment ( DOLP )  XX/XX/XXXX  ; Date of First Delinquency ( DOFD )  XX/XX/XXXX  ; and, Estimated Date for Removal  XX/XX/XXXX . ( Attachments 6, 12, 13 )  XX/XX/XXXX  RLM intentionally RE-AGED this account on my credit reports by furnishing the CRAs, unsupported dollar amounts and newer delinquency dates ( DOLP )  XX/XX/XXXX  ; ( DOFD  )   XX/XX/XXXX  ( Attachment 7 ). Accordingly,  XXXX  reports a new estimated date for removal as  XX/XX/XXXX , while  XXXX  shows it will remain on record  until   XX/XX/XXXX .
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Notification of this significant adverse action was never provided by RLM, nor any CRA, at any time whatsoever.
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Clearly, RLM has maliciously and craftily reworded the language of the now pending subsequent Complaint ( Attachment 11 ) to conjure an illusion of verifiable accuracy as follows : a. ) Complaint states, due and owingfrom and  after   XX/XX/XXXX .
RLM furnished this date to the CRAs to reflect date of last payment  XX/XX/XXXX .
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b. ) Complaint states, by failing to pay the payment d ue   XX/XX/XXXX , and all subsequent payments.
RLM furnished this date to the CRAs to reflect date of first delinquen cy   XX/XX/XXXX .
<P/> XX/XX/XXXX   XX/XX/XXXX  I had attempted online disputes with all   XXXX    CRAs, but could not as they were all having technical difficulties. I then called each to dispute by phone.  XXXX  and  XXXX  both responded during the conversation that creditor had verified as accurate and the dispute was final. After spending weeks sorting through 12 year old boxes, I wrote each a dispute letter and assembled packages with plenty of documentation, concretely verifying that this account had been RE-AGED then sent by certified mail. ( Attachments 8-10 ) RLM HAS WILLFULLY AND MALICIOUSLY VIOLATED THE FCRA BY PURPOSELY AND ILLEGALLY RE-AGING THIS ACCOUNT, THEN VERIFYING THE FALSIFIED INFORMATION REPEATEDLY. Their monthly statements reflect a {$3600.00} loan mod charge for deferred interest. This was first charged by   XXXX   on  XX/XX/XXXX  statement, which should have been deleted since they illegally withdrew the loan mod and reallocated 1st payment. This is clear evidence they have the  XXXX  accounting records to verifying the original  XXXX  CRA reporting. ( Attachments 17 & 18 ) CRA NEGLIGENCE While all   XXXX    CRAs relayed virtually the same information, my phone conversation with  XXXX  lasted much longer due to the communication barrier. After continually asking the agent to repeat herself, I was transferred to a supervisor ( with a slightly less heavy accent ) who refused to investigate further for the simple reasons the account numbers are different, Rushmore is the client, not the consumer, and, she was under no obligation to pursue an investigation based on consumer provided information. She became loud and rude, then reluctantly asked if I wanted to start a full investigation. I confirmed but to this day, have yet to receive her forthcoming email.
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In accordance with the FCRA, I then prepared dispute letters ( Attachments 8-10 ), attached previous credit reports ( Attachments 6,12,13 ) and other supportive documentation undeniably verifying that the negative information RLM furnished on  XX/XX/XXXX , was in fact, reported previously by   XXXX    from XX/XX/XXXX  XX/XX/XXXX . Sent by certified mail, the green card from   XXXX   returned blank. I had to trek back to post office and request a computer printout. To date, all   XXXX   CRAs have merely provided results that consumer has again verified as accurate ( Attachments 14-15 ). Clearly, a proper investigation was not conducted. The documents I provided, if reviewed, would have concretely proved otherwise. The prior credit reports by themselves should have deemed this immediately removable.
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Its inconceivable that a U. S. taxpaying consumer claiming to be unlawfully harmed, carries burden of proof, without recovery fees, submits undisputable evidence generated by the CRA, on CRA letterhead, and then is denied resolution by simple virtue of the creditors merit, while creditors can walk into courtrooms and win cases without ever producing notes.
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In my written disputes, I had requested a full comprehensive consumer disclosure of my file, and, a full investigation. None have complied as such, just that updates were made if deemed necessary.
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The negative impact of this illegal re-aging has unfairly caused tremendous turmoil in nearly every aspect of my life.
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ACCOUNTING The amounts furnished by RLM for outstanding balances, fees, expenses, and advances are escalated, unreasonable and rarely the same on most of the documents and statements produced. A complete historical account breakdown was requested through discovery, however RLM has yet to provide anything other than RLMs monthly statement. Most likely due to the   XXXX   they refuse to acknowledge.
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 XX/XX/XXXX   Rece ived an updated mortgage statement reflecting an increased balance due to RLM with no adjustment for the charged off amounts. ( Attachment 17 ). It also references a deferred balance of {$3600.00} as amount of principal deferred as part of the terms of a loan modification. This is the same amount found on   XXXX   statement dat ed   XX/XX/XXXX  ( Attachment 18 ) first reported as unpaid interest as a result of a loan mod they approved, then immediately withdrew after they tricked me into a payment shortage. And, I can only assume that the plethora of {$100.00} prop preservation charges are for mowing the zero lot-line yard.
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Summarized below is the chain of events to substantiate this complaint, as well as show cause for many other discrepancies.
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I first became delinquent on my mortgage loan in  XXXX  due to the financial effects of the economic housing crisis on my profession as a Florida   XXXX   XXXX  . I had requested and was approved for a 6-month temporary loan mod through   XXXX   XXXX   XXXX   (  XXXX  ) by way of letters dated  XX/XX/XXXX  and  XX/XX/XXXX  reflecting new 4.25 % rate, payments of {$1700.00}, and also, stating that the account had been restructured to reflect a current status and next payment due  XX/XX/XXXX .
<P/> XX/XX/XXXX  To insure compliance, I phoned  XXXX  and made a payment amount of {$1700.00}, the exact amount as stated by the  XXXX  rep.
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 XX/XX/XXXX  Received letter stating  XXXX  was withdrawing the modification due to the terms of the loan modification.
<P/> XX/XX/XXXX   I  called for clarification only to be told that the amount of my last payment was incorrect as it didnt include an escrow payment, therefore,  XXXX  considered the payment to be late allowing them to immediately resume collection and start foreclosure, as well as, revert to original interest rate and payment. After unsuccessfully pleading the reason for the amount paid  on   XX/XX/XXXX  , I th en authorized the increased payment of {$2400.00}. This was the last payment I was ever able to make and thus reported as the date of last payment.
<P/> XX/XX/XXXX    XXXX   filed for foreclosure.
Count I of this Complaint states : 1. This is an action to reestablish a promissory note 2. delivered to   XXXX   XXXX   XXXX   ( no mention of  XXXX  )  3. Plaintiff i s the owner of said note.
4. The original promissory note was lost or destroyed subsequent t o Plaintiffs acquisition thereof, the exact time and mannerbeing unknown to Plaintiff. < P/>
It was later discovered that  XXXX  did not have authority to file suit as they had not been assigned the mortgage.
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 XX/XX/XXXX    XXXX   prepared a postdated assignment of mortgage to   XXXX   ( 19 months after   XXXX   had filed their foreclosure complaint ).
<P/> XX/XX/XXXX  XXXX  recorded Corporate Assignment of Mortgage to  XX/XX/XXXX declaring :  XXXX , as nominee for   XXXX   XXXX   XXXX  , ( the original creditor [  XXXX  ] ), assigned and conveyed to  XXXX  in consideration of {$10.00}, the mortgage together with the Note or other evidence of indebtedness ( the " Note '' ), said Note having an original principal sum of {$340000.00} with interest, secured thereby, together with all moneys now owing or that may hereafter become due or owing in respect thereof, and the full benefit of all the powers and of all the covenants and provisos therein contained, and the said Assignor hereby grants and conveys unto the said Assignee, the Assignor 's beneficial interest under the Mortgage. TO HAVE AND TO HOLD the said Mortgage and Note, and also the said property unto the said Assignee forever, subject to the terms contained in said Mortgage and Note.
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This assignment further shows evidence of fraud as such : a ) recording requested by and return to   XXXX   XXXX   XXXX  , as well as, Law Offices of   XXXX   XXXX   XXXX   ( Florida foreclosure mill firm shut down in  XXXX  ) ; b ) prepared by   XXXX   XXXX  ,   XXXX   XXXX   XXXX   at   XXXX   XXXX   XXXX  ,  XXXX , NY   XXXX   ; c ) signed by   XXXX   XXXX  , Vice-President of   XXXX   XXXX   at   XXXX   XXXX   XXXX   XXXX  ,   XXXX   XXXX  ,  XXXX , VA  XXXX  ; d ) witnessed by confirmed robo-signers   XXXX   XXXX  ,   XXXX   XXXX   and   XXXX   XXXX   as notary in  XXXX , NY.
e )   XXXX   XXXX   has signed on behalf of   XXXX    XXXX   XXXX   XXXX  . whose address is in VA while   XXXX   XXXX   ( whose handwriting changes often ) is a notary in NY.
f ) Betw een   XX/XX/XXXX  XX/XX/XXXX  I have evidence of twelve ( 12 ) other ( unrelated ) recorded documents, signed by four different  XXXX  employees ( some on the same day ). All have signed as the Vice-President of   XXXX   XXXX  .
<P/> XX/XX/XXXX ,  XXXX  voluntarily dismissed the complaint without prejudice. In accordance with the FCRA, the CRAs continued to report this negative mortgage default account through the 7-year maximum duration period clearly identified on prior credit reports with the estimated date for removal XX/XX/XXXX <P/> XX/XX/XXXX    XXXX    issued a new Notice of Intent to Cure for payments due on or after  XX/XX/XXXX  It further states that to correct this breach, the total amount of  $    XXXX  must be received no later than XX/XX/XXXX . Only the full amount due will be accepted. Failure to cure the default on or before the date specified in this notice will result in acceleration of the sums secured by the Mortgage/Deed of Trust and may result inforeclosure. ( This Notice was attached to the current  Plaintiffs R esponse to Defendants Request for Production. )  XX/XX/XXXX ,  XXXX , by   XXXX   XXXX   XXXX   (   XXXX   ), as Attorney in Fact, assigned the mortgage to   XXXX   XXXX   XXXX   XXXX  , as Trustee for   XXXX     XXXX   XXXX   XXXX  . However, the chain of title recorded in the   XXXX   XXXX   XXXX   XXXX   XXXX   XXXX   XXXX   shows  XXXX  and   XXXX   XXXX   XXXX   XXXX    assigned to  XXXX .
  XXXX   seems to be the servicer at this point, although Ive never received notice nor seen any authorizing document. I did however, receive 67 illegal robo-calls from   XXXX    between  XX/XX/XXXX - XX/XX/XXXX .
<P/> XX/XX/XXXX    XXXX   XXXX   XXXX   XXXX   XXXX  , (  XXXX  ), Attorney for  Plaintiff, fi led a subsequent Complaint for Foreclosure of Mortgage on beha lf of    XXXX   XXXX   XXXX   XXXX  , as Trustee  for    XXXX   XXXX   XXXX   XXXX   XXXX ,   XXXX   XXXX   XXXX  , as Attorney of Fact, by   XXXX   XXXX  , Authorized Signatory.
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As required by the FL Statute of Limitations for subsequent filings, new default dates were established and stated in this Complaint as : COUNT I Paragraph 6. Defendant ( s ) have defaulted under the Note and Mortgage by failing to pay the payment due XX/XX/XXXX , and all subsequent payments.
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Paragraph 8. Defendant ( s ) o we Plaintiff {$32 0000.00} that is due and owing on principal on the Note and Mortgage, plus interest from and after  XX/XX/XXXX , and title search expenses This Complaint includes a Certification of Possession Pursuant to Fl. Stat. s.702.015 ( 4 ) dated XX/XX/XXXX .   XXXX   XXXX   as Original Documents Assistant verified that the original note is in the possession and location of  XXXX s office, and, that   XXXX    received the original note from  XXXX . However, no date is mentioned as to when   XXXX   received the note. When, how and from whom did   XXXX   receive the original note is crucial since  XXXX  claimed it to be lost or destroyed in its   XXXX    Complaint.
<P/> XX/XX/XXXX    XXXX   sends force-placed ASI policy that went into effect  XX/XX/XXXX .
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 XX/XX/XXXX   XXXX   notifies me of cancellation of said policy effective XX/XX/XXXX .
<P/> XX/XX/XXXX  Rushmore sends Notice of Sale of Ownership of Mortgage Loan. Very confusing and misleading. States prior creditor has sold your loan ( described below ) to us, the new creditor identified below. Next paragraph, **NOTE : The new creditor identified below is not the servicer of your loan. Page 2 says Your lender. Who are they referring to, the creditor or the servicer? The last sentence reads, Our rights and obligations as new creditor,  XX/XX/XXXX   XXXX , transferred servicing to Rushmore Loan Management ( RLM ) although no documentation has been provided or recorded confirming   XXXX    authority to do so.
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 XX/XX/XXXX ,   XXXX   furnished two (   XXXX   )  XXXX  forms ( Cancellation of Debt ) totaling {$280000.00}, identifying date of identifiable event  XX/XX/XXXX  ; debt description mortgage ; identifiable event code I.
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 XX/XX/XXXX  Assignment of Mortgage :   XXXX   XXXX   XXXX   XXXX   as trustee for   XXXX   XXXX   XXXX   XXXX  t,   XXXX   XXXX   XXXX  ,   XXXX   XXXX  , OK  XXXX  hereby assign and transfer to   XXXX   XXXX   XXXX   XXXX  , not in its individual capacity but solely as trustee for the   XXXX   XXXX   XXXX   XXXX    XXXX   XXXX   XXXX   XXXX   XXXX   XXXX  ,  XXXX , DE  XXXX , all its right, title and interest to said mortgage.
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This recording shows : Requested by   XXXX   XXXX   XXXX   Prepared by C  XXXX   XXXX   XXXX   XXXX   XXXX  ,   XXXX   XXXX   XXXX  y Return to LR Department ( Cust :  XXXX  ),   XXXX   XXXX   XXXX   XXXX  , CA   XXXX     XXXX  MIN # :   XXXX   Loan # :   XXXX   Also, handwritten :   XXXX   ;   XXXX     XXXX   Authorized Signatory,   XXXX   XXXX   This Assignment was executed and notarized  on   XX/XX/XXXX   by   XXXX , Attorney in Fact, but not recorded until  XX/XX/XXXX  by   XXXX  , Attorney for Plaintiff.  XXXX  was also the servicer through XX/XX/XXXX . RLM began servicing  on   XX/XX/XXXX . So who is   XXXX   XXXX   XXXX   and why was I not notified of new servicer? How many servicers and attorneys are involved now? Who is the actual note holder at this point?
<P/> XX/XX/XXXX attached to the  Plaintiffs R esponse to Request for Production is a Notice of Right to Cure Default by  XXXX  dated XX/XX/XXXX stating This is a notice of breachbecause we have not received the payments that were due on or after  XX/XX/XXXX ..  XXXX  had originally issued a Formal Notice of Breach dated  XX/XX/XXXX , demanding payment of {$5800.00} by last business day of that month ( only 20 days later ), and, If such payment is not received by that date, add an additional {$2400.00} for the next months payment, which must be received within thirty ( 30 ) days from the date of this letter. ( Less than a 30 day notice due to mailing time. ) It also states, Due to the delinquency of the mortgageall additional late charges and payments due after this notice must be included in your payment. ONLY THE FULL AMOUNT DUE WILL BE ACCEPTED.
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Since I have not received any notice whatsoever of   XXXX   involvement, in any capacity including transfer of servicer, nor is   XXXX   mentioned in the recorded chain of title, one can reasonably conclude that this second demand letter was sent to reestablish the default acceleration date prior to t he   XX/XX/XXXX  assignment of the deed and note to   XXXX   XXXX   XXXX   XXXX  , Trustee for   XXXX   XXXX   XXXX   XXXX  t.
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This Assignment shows : 1 )  XXXX  requested recording on behalf of   XXXX   XXXX   XXXX   XXXX  .
2 ) Execute on behalf of  XXXX  by   XXXX   XXXX   as authorized signatory of  XXXX , attorney in fact. She also signed in the same capacity, on an attached undated allonge. Her  XXXX  profile (  XX/XX/XXXX ) states she is Document Control Manager at   XXXX   XXXX   XXXX   and Project Manager of  XXXX .
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The note, allonges and mortgage ( sometimes identified as Exhibits A and B ) attached to each of the filed documents have been altered by an erasure use of " white out '' or complete black out to intentionally conceal information such as loan numbers on original docs at time first executed. Florida does not allow the use of correctional fluid or complete black out on their legal documents.
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Altered docs : Verified Complaint for Foreclosure of Mortgage ( executed XX/XX/XXXX  ), Exhibits A and B are full of black outs.
Notice of Action Constructive Service, Lis Pendens ( filed XX/XX/XXXX  ), although attachments are not labeled as exhibits, differ as some of the blacked out information originally attached to Complaint is now showing and some of the black outs have been erased completely, such as the loan number on the Allonges.
 Plaintiffs  Response to Request for Productio n (   XX/XX/XXXX  ) black outs appear only on the Note.
<P/> XX/XX/XXXX   XXXX   filed discovery responses attached with the above-mentioned allonges now identifying account number  XXXX . This number is not to be found anywhere on the note. Further review revealed that this is the exact number identified on  XXXX  correspondence as   XXXX    Account Number.
This now questions the validity of the undated Allonges for these reasons : 1. The attached Note is stamp endorsed ( undated ), to   XXXX   XXXX   XXXX   XXXX   XXXX   with more than enough white space for endorsements which would thereby alleviate the need of an allonge ; 2. Undated allonge signed by   XXXX   XXXX  , authorized signatory for   XXXX   as Attorney in Fact for  XXXX , identifies   XXXX   assigned account number  XXXX 
3. Original Note Loan No :   XXXX  .  XXXX  assigned account number is hand-written, twice, at the top of the first page as  XXXX ,   XXXX   ( abbreviated for   XXXX   XXXX   XXXX   XXXX   ).
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Also noteworthy,   XXXX   XXXX   XXXX   XXXX   was incorporated in  XXXX .
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I 've spent countless hours sifting through 12 yr old boxes of paperwork finding robo-signatures, discrepancies, illegal filings, broken chains, and phantom dates/documents. I 've submitted 2 disputes to each of the credit agencies ( CRA ) with verifiable attachments, including, prior credit reports (  XXXX - XXXX  ) that proved concretely, the re-aging, and both times have been rejected simply because Rushmore Loan Management Services verified account as accurate without any documentation. My credit score is now in the red zone. 0 balance credit cards are being closed, interest rates are sky rocketing, offers withdrawn, premiums raised. It 's all due to the re-aging as every credit category is good - excellent. My new declining credit score gives me little chance of a decent job to support myself, nor obtain housing better than a shelter. For 10+ years I 've slept on couches, in my car, and even a storage unit. I 've sold most of my belongings, worked menial jobs, bartered services and learned to live without or DIY, just to survive. Turning to the advice on the CRAs websites and following their guidelines to the T, I 've worked hard over the past 10+ years to rebuild my life and my credit through exorbitant interest rates, terms and fees. Now, in an instant, just when I was starting to see light, it 's back to the trenches and worse. There are no more couches this time and I have nothing left to sell. It 's more than apparent that my inability to pay this debt is a hall pass for anyone who stands to gain, and, punishable to me for life. Substantiated facts seem irrelevant to the scheming illegal tactics carried on thus far. The laws seem to have no bearing on those with the most money. At   XXXX   yrs old, my health is declining, cant eat or sleep, and cant find a job as all my time is consumed writing letters, sorting through documents and research. I 'm more than exhausted and see no chance for recovery without the help of the CFPB.
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I firmly believe all the recent upheaval stems from RLMs work model to render me broke and powerless, thereby safeguarding from any opposing resistance.
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I beg the CFPB to please thoroughly review my statements of fact and attached supporting documents, to put an end to these unconscionable predatory tactics.