Consumer complaint received 2018-04-12
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC (FL)

I would like to file a complaint against my mortgage company Rushmore Loan Management for practicing unfair, deceptive and abusive acts today against myself.

On Friday, XX/XX/XXXX I contacted Rushmore to advise I had received an insurance claim check in the amount of {$13000.00} to replace my roof which sustained significant damage during hurricane Irma on XX/XX/XXXX. I spoke to XXXX in the Loss Draft department who reviewed my loan and explained the required steps to have the check endorsed. She requested all the details of the claim which included date of damage, estimate of damage and net payment amount. Based on the amount of the check under {$20000.00} she provided the following steps to have the check endorsed and returned to me : 1. Mail the check to the Loss Draft Department at XXXX XXXX XXXX, XXXX. NE XXXX 2. Include all estimate pages from the insurance company 3. Copy of adjuster 's damage estimate report 4. Claims check unsigned 5. No inspection required due to the amount of the loss 6. Upon receipt of these documents, the Loss Draft department had 48 hours to mail the check back to me either regular mail or in a prepaid priority package On that same day I mailed copies of all required documents, the unsigned claims check and a USPS prepaid priority envelope addressed to me. The envelope was received in the Loss Draft office on Monday, XX/XX/XXXX at XXXX. TodayXX/XX/XXXX at XXXX I received a voicemail on my cell phone from the Loss Draft department requesting a call back to discuss my property claim. At XXXX I called the Loss Draft department and spoke with a rep named XXXX who reviewed my file and stated after reviewing my file it was decided that they could not endorse my check because my account is past due. I was appalled by the false statement because my mortgage is current with the next payment due XX/XX/XXXX. She went on to say I need to speak with the Customer Service department regarding that. I asked why would I speak with the Customer Service department when she should see in their records that I am due for XX/XX/XXXX and she in the department who makes the decision to endorse my check. I requested to speak with a manager and while holding I was disconnected. I called back 10 minutes later requesting a manager, I was connected to a lady name XXXX   who claimed to be a supervisor and refused to provide her last name or ID. She claimed she is the only person there by that name. She stated that the claims check was already returned to me unendorsed because I needed to return the check to them endorsed by me along with the completed claims package she will email me because my account was past due at the time of the claim on XX/XX/XXXX. This claim package would include another set of ridiculous requirements in order for them to issue another check to me and the contractors. As well as my account would have to be monitored due to its status when the damage occurred. I requested their policy that states the loan had to be current at the time of damage and she stated I would have to contact customer service. Again that made no sense if they are the department that makes the decision. After insisting she then claimed this was stipulated in the claims package she would email me. I explained I have been appealing this claim with the insurance company to replace my entire roof since XX/XX/XXXX and now finally was approved and received the check. This ridiculous request will further delay the repair of my roof and the internal damage sustained. The next hurricane season begins in six weeks and my roof is in no state to sustain another hurricane. She didn't care and said that is the procedure.

Upon receipt and review of the claims package ( attached to this complaint ), it clearly does not make any reference to the false statement that the loan must have been current at the time of the loss. " It states if your loan is delinquent, the reimbursement funds will be released to you and the contractor ''. I reiterate, my loan is not delinquent. As per page 4, of their process guidelines scenario 2, if the loan is current proceeds will be issued payable to borrower sent via regular mail unless prepaid envelope enclosed. As per screenshots from my online mortgage account, my account is current with payment dueXX/XX/XXXX. The only thing that is reflect outstanding are late fees incurred in the past as a result of a loan modification three years ago granted by the previous loan company, Beneficial who sold this loan to Rushmore Loan. However, these late fees according to the modification agreement do not constitute my account being late and also evidenced by the attached XXXX  payment history being reported by Rushmore.

I also have an ongoing complaint with Rushmore who continue reporting an inaccurate balance on my credit bureau reports, I have disputed this twice with the bureaus and twice they have successfully corrected the balance. Yet Rushmore continues to report an inaccurate balance ( screenshots attached ).

This has caused me much frustration and emotional stress as it has already taken me four months appealing this with my insurance company to finally be approved and have a check in hand. To then be abused on the phone by telling me I am late on my mortgage payment then changing their story to state my loan was past due at the time of the loss. Prior to Hurricane Irma 's impact, we were threaten by previous hurricane and then another possibly hitting us after hurricane Irma. I was not focusing on paying my mortgage payment, instead I was focused on securing my property and evacuating my family to XXXX to safety. Upon my return home, I contacted Rushmore for a forbearance assistance which was granted by the government and I kept all requested payments arrangements there after ( evidenced also attached ).