Consumer complaint received 2020-05-07
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: RUSHMORE LOAN MANAGEMENT SERVICES LLC (GA)

I was informed by Rushmore Loan Management Services loss mitigation dept. representative who identified himself as XXXX XXXX. As of XX/XX/XXXX my house is in active foreclosure due to my account being delinquent for non payment. Although I have made all my monthly payments and continue to make my monthly payments Rushmore Loan Management Services has and is wrongfully rejecting my payments. 

This particular issue began XX/XX/XXXX when Rushmore Loan Management Services started refusing my monthly mortgage payments. My account was not delinquent at that time. I paid each month and they accepted, processed and credited all payments until XX/XX/XXXX. I received a letter of delinquency and notice to foreclosed dated XX/XX/XXXX. I called and spoke to XXXX XXXX ( Rushmore loan Management Services loss mitigation ) who was and still is assigned to my account as the point of contact. He stated the last payment received and credited to my account was in XX/XX/XXXX and my account was over 120 days past due. I informed Mr. XXXX the payment information was incorrect and I had my bank statements as proof of payments. After a lengthy unsettling conversation with Mr. XXXX, we discussed the accuracy of my account. Here are the details on how my payments was credited then discredited and I was put in default by Rushmore Loan Management Services. 

On XXXX XXXX I dismissed my Chapter XXXX bankruptcy case with Rushmore Loan Management Services for which I will briefly discuss only for a clear understanding to this complaint. {$7300.00} was the alleged amount remaining after the dismissal of my chapter XXXX bankruptcy case. Rushmore Loan Management Services took the remaining balance {$7300.00} and divided it by my monthly mortgage payments {$1400.00} which equaled 5. With that Rushmore Loan Management Service took 5 months of my already paid monthly mortgage payments and used it to clear the {$7300.00} balance. Then they uncredited my account for those months which brought my account in a delinquent status for over 120 days. Therefore putting my home in Jeopardy for foreclosure and allowing excessive fee 's to be charged to my account. Rushmore Loan Management Services claimed they refused my monthly payments due to nonpayment. In early XXXX - early XXXX Rushmore Loan Management Services held {$1000.00} of my funds in a suspense account. Since a suspense account was provided to my account and suppose to temporarily hold and used mortgage related funds towards the mortgage account. 
Why wasnt this amount applied to any alleged past do payments to help bring the account current. My goal is to keep my home. If Rushmore Loan Management Services feels that they have the right to collect on the alledge remaining balance from the Chapter XXXX case then address that amount honestly. Do not disguise that amount under the deception that I was behind on my monthly payments then intentionally deprive me of my property. If Rushmore Loan Management Services would have not have deliberately misrepresented the facts to enrich their own expenses this could have been resolved. Rushmore Loan Management Services can twist the truth with legal terminology upholding their actions of predatory lending practices. But the facts are my bank statements proves my payments and it has to be a strong coincidence that the remaining balance from my bankruptcy case {$7300.00} divided into my monthly mortgage payment {$1400.00} equals 5 the exact months deducted from my last payment. As the borrower we are held responsible for every small, large, hour, minute or second regarding our loan. As consumers, we should not suffer the financial burden and mental abuse when a lender makes mistakes. From the beginning with Rushmore Loan Management Services in XXXX its been one mistake after another and I was left paying the fees and suffering the penalties that accumulated. This is why im fighting back now, I took on what should have been Rushmore Loan Management Services responsibility and I suffered a great financial lost, pain and suffering I know longer want to be victimized.