Consumer complaint received 2018-09-12
Product: Mortgage — Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage — 
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC (NJ)

History : I reside in a property that I bought as a single woman in XXXX. I married in XXXX and added my spouse to the deed in order to benefit from a lower interest rate in a refinance. This individual abandoned the family/property in XXXX. I have been solely responsible for the upkeep of the property. I have painstakingly paid the mortgage myself since XXXX, on time by the end of every Single month. I have received the property in a divorce settlement, even though it was not considered communal property because I owned it before the marriage. The issue at hand is that the individual who abandoned the home is on the mortgage note and I need to remove his name ASAP. 

Enclosed in the document sections please find a letter from Rushmore mortgage company indicating that my identity and ownership in the property have been confirmed and they made necessary adjustments to their servicing system to reflect me as a confirmed successor in interest. I have reviewed the new rulings of XX/XX/XXXX. Now that I have been approved as successor, I have presented to Rushmore again in an ongoing request since XX/XX/XXXX, to be substituted as obligor on the mortgage and have a document prepared for the individual on the mortgage to be released from liability. 

I have yet to receive an answer. I call into the mortgage company on a regular basis. I have sent in my request over and over, by mail and through fax. The last written request i faxed on XX/XX/XXXX. I have called in since and have been told to wait thirty days for a written response which I never received. When i called today, I was told theres no record of those documents. 

From my understanding, there was an also an interpretive ruling ( XXXX XXXX ) issued to clarify where a successor in interest who has previously acquired title to a dwelling agrees to be added as an obligor or substituted for the existing obligor on a consumer credit transaction secured by that dwelling, the creditors written acknowledgment of the successor as obligor is not subject to the bureaus ability to repay rule ( ATR RULE ) 1026. 43, because such a transaction does not constitute an assumption as defined by regulation Z. 1026. 20 ( b ) Unfortunately, every time I contact Rushmore by phone, I  received different information or different directions. I have asked to speak to supervisor is on this issue and I have consistently been denied. They sometimes referred to re-financing. I explain to them that I simply want to be substituted as obligor, and I am told by some of their staff that they have never even heard of that! I have also been told that the individual on the mortgage needs to make this request. I explain that as a confirmed successor in interest that I have the right to be treated as borrower and that I will have the individual sign a quick claim deed the same day he signs a release of liability that they provide, with a notary. They have yet to send these documents. I have explained to them that I understand that these rulings are new and maybe unfamiliar to them. However in the interest of Home retention, I am reaching out to you to help clarify this for Rushmore. This is my principal residence with XXXX children! I pay the mortgage every month in a timely manner. I understand my consumer rights according to these rulings and I just try to have faith that someone at Rushmore will be trained in these rulings and help me. Time is of the essence for my family. Please help