Consumer complaint received 2024-10-31 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Rushmore Service Center, LLC
State: GA

Complaint narrative:
XXXX XXXX XXXX, XXXX are in violation of the Fair Debt Collection Act of 15 USC 1692 ( c ) ( b ) third party debt collector. My Private cause of Action Tort Claim ( Invasion of Privacy ). I have suffered from financial hardship, embarrassment and humiliation of my personal information being posted in the XXXX XXXX XXXX XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX in an attempt to collect a debt which I legally or lawfully do not owe. I have suffered mental anguish, deprivation of my rights personally sought by XXXX XXXX with false claims, deformation of my character and harassment, extortion and the threat of making me homeless at XXXX XXXX XXXX. US National Bank Association TRUSTEE FOR XXXX XXXX XXXX XXXX XXXX, are attempting to foreclosure under an entity name which the Trustee has stated they don't have the authority. Fraud is being commented against me. In the beginning of this year I started receiving Foreclosure Notices, there was a Foreclosure date scheduled for XX/XX/XXXX. My appointed agent ( Successor Trustee ) and ( Next Friend - XXXX. XXXX XXXX XXXXXXXX ) filed a Motion with the Superior Court of XXXX County , GA and on XX/XX/XXXX the Attorney of Record XXXX XXXX XXXX XXXX XXXX XXXX Chief Financial Officer XXXX XXXX was served upon by the XXXX County Sheriff Department XXXX Due to the defendants U.S. Bank National Association failure to Answer and the court appointed time of 30 days, on the XXXX day of Default XX/XX/XXXX, I filed for Default Judgement, at which time the XXXX XXXX XXXX XXXX scheduled an illegal and unlawful Default Judgement hearing 71 days out for XX/XX/XXXX. Still with the defendants nor their attorney of record XXXX XXXX XXXX 56 days failing to answer still in Default, on XX/XX/XXXX I again filed a Motion for Reconsideration for immediate default Judgement. That the Judge disregarded with no answer to the request. On XX/XX/XXXX without the leave of the court and 83 days untimely, XXXX XXXX of XXXX filed a limited appearance purporting improper service and that they didn't have the authority to receive service and that the Defendant was a Corporation and had to be severed upon by their Registered Agent. The defendant is not a Corporation but a Trust and the attorney of XXXX XXXX XXXX XXXX XXXX were in fact the proper person to receive Service. The documentation that has been submitted to the court several times without question refutes the 83 days untimely claims. The court was responsible for demanding that XXXX XXXX satisfied O.C.G.A. XXXX ( a ) before being allowed to move forward. The Judge was in Dishonor and violated his sworn Oath to uphold the law unbiased. The scheduled date for XX/XX/XXXX was rescheduled to allow arrangements for a Transcriber to Take Down for the Court of Record. But in attendance was XXXX XXXX XXXX ( Successor Trustee ) the appointed agent in the XXXX XXXX for XXXX XXXX XXXX, XXXX XXXX of XXXX XXXX XXXX, XXXX and XXXX XXXX ( Chief Operating XXXX ) of XXXX XXXX XXXX. On Wednesday, XX/XX/XXXX my appointed Agent XXXX XXXX XXXX appeared before the court on my behave, however, she was denied by XXXX XXXX XXXX to speak on my behalf, XXXX XXXX XXXX was force-able removed from the court and placed in handcuffs and placed in a cell for 42 minutes. XXXX XXXX and XXXX XXXX were allowed to continue with the case, although the judge violated XXXX XXXX Constitutional Protected rights of Due Process and the Supremacy Clause that protects Contracts and well as Trust have their own PSA rules and regulations which are protected under the Constitution of the United States... The Defendant has stated in their email to XXXX XXXX that they do not have the authority to Foreclose and do not make those decisions, although the Foreclosure documents may appear in their name. XXXX XXXX and the court are in dishonor, false claims and fraud upon XXXX XXXX XXXX the court and Judge XXXX XXXX XXXX of office. XXXX XXXX has been the only legal and lawful owner of his property since XXXX when both the Security Deed and the Mortgage deed were both Cancelled and recorded in the XXXX County Deed or Records as being satisfied. Their had been XXXX illegal assignments for XXXX XXXX cancelled Security Deed and Mortgage Deed, XXXX XXXX was mislead into signing an deceptive from under the color of it being a Refinance but truly it was only created to hide the fact that MERS never received the Original Note when the loan was sold to them. As of XX/XX/XXXX XXXX XXXX of the course of 21 years had already paid {$270000.00} on a {$120000.00} loan, but once again he was tricked at the age of XXXX to sign modification documents putting him into another 29 year mortgage with a maturity date of XX/XX/XXXX that began XX/XX/XXXX... All assignments that occurred from XXXX through XXXX were illegal and unlawful as there has been no additional Cancellations of Deeds from one investor to the next investor. The only cancellations of record has been the two, Security deed between XXXX XXXX and XXXX and the Mortgage deed both cancelled and marked satisfied in XXXX.

Company response to consumer: Untimely response