Consumer complaint received 2020-02-04
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC (CA)

Currently facing a foreclosure sale date of : XX/XX/XXXX XX/XX/XXXX : Submitted a completed loan modification packet to Rushmore Loan Management Services XX/XX/XXXX : Received response from Rushmore indicating the denial of my modification request, due to the following 3 reasons : 1. Monthly Income amount of {$2000.00} is not sufficient to sustain any payments under any available loan modification program.

( RESPONSE : income NOT correct, should be $ XXXX+, see appeal letter attached ) 2. Excessive obligations found on credit report ( RESPONSE : also incorrect, only obligation is 1st Mortgage and HELOC, no other obligations exist due to previously discharged BK case - period. Rushmore previously advised that credit report would NOT be pulled to determine eligibility for loan mod, and yet, here it is cited as a reason to deny my mod request ) 3. Good Faith Down Payment Amount is not sufficient ( RESPONSE : I was specifically told that this item had no bearing whatsoever on whether the loan mod request would be approved and/or denied. Any yet, here it is cited as a reason for denial. - see appeal letter attached for more detail. ) The letter states I have 30 days to respond with an appeal request. My appeal request was completed and mailed to Rushmore on XX/XX/XXXX and received by Rushmore on XX/XX/XXXX and signed for by : XXXX ( according to XXXX delivery records, see attached ) The appeal letter, which was sent via registered XXXX overnight delivery to Rushmore should immediately invoke an additional 30 day review/appeal period by Rushmore 's underwriting department to reconsider the loan modification. Additionally, any pending sale date should be postponed for a minimum of 30 days ( which is equal to the review/appeal period for underwriting ), to allow such review/consideration to take place. By law, the current foreclosure sale date ( XX/XX/XXXX ) can not proceed and any attempt to do so would violate the Homeowner Bill of Rights, No Dual-Tracking provision which states : " a lender or servicer can not record a Notice of Default or Notice of Sale, or conduct a Trustee 's Sale, while the application or appeal is pending ''.

Additionally, the Single Point of Contact that has been assigned to this account has purposely and repeatedly not returned phone calls and/or messages inquiring about the appeal status of this request. I am confident that this is intentional and done with the intent to extinguish any possibility I might have to save my home and allow Rushmore to move forward with the sale on XX/XX/XXXX, citing a lack of a " completed '' appeal packet as justification, is my guess, even though I've asked my SPOC to return my phone calls, in order to validate receipt of appeal documents and the forwarding to underwriting for reconsideration, I've received no such phone call back. This type of intentional lack of follow-through has been a chronic problem with Rushmore 's SPOC XXXX XXXX. Despite my repeated requests to reassign a new single point of contact, Rushmore has blatantly ignored these requests and when I inquire about them, Rushmore pretends to not know what I am talking about. This further violates the Homeowner Bill of Rights provision which states that a lender/servicer shall provide a single point of contact to communicate/coordinate receipt of all documents associated with available foreclosure prevention alternatives and notify borrower of any missing documents.