Consumer complaint received 2025-05-15 00:00:00
Product: Mortgage — VA mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Mr. Cooper Group Inc.
State: AL

Complaint narrative:
In XX/XX/XXXX, I suffered a XXXX concussion. My brother died in XXXX of XXXX while I was gone to see my neurologist in XXXX. The house had been in a covid forbearance since XX/XX/XXXX, he died right before he had the chance to choose his repayment plan. My brother was unmarried and had no children and no will. I was the only XXXX in my family who was living in Alabama at the time and was the only one who could open the estate. 

I was recovering from a bad concussion and didnt feel I could take on the responsibility of opening the estate as the executor until XX/XX/XXXX, right after my brothers funeral. I did not receive my letters of administration until XX/XX/XXXX. At that time, it was too late to choose a repayment plana and more than {$40000.00} was due on the mortgage. I was told it had to be the whole amount. 

I have been trying to do a mortgage modification ever since then. The property has gone into foreclosure 3 times already and they happened because of misinformation I had been given by the numerous different people I spoke to each time I would call the mortgage companies. I demanded to be connected to someone in escalations because of all the chaos and was assigned to only that 1 person from that point on. Then, last XXXX the mortgage company was changed to Rushmore servicing. I had a Complete application in XX/XX/XXXX that was accepted and now those same documents will not even be accepted by them, just to be reviewed. 

I received a letter from the mortgage company about the mortgage payments on XXXX, XXXX and there was no mention of foreclosure. I only found out when I called them on XXXX XXXX, XXXX, when I went to meet my estate attorney, XXXX XXXX, to discuss the closing of the estate and to bring up the matter of the probate documents, Ive been waiting on a probate document that would list me as the successor in interest and I could finally get this mortgage taken of. They were supposed to request the hearing with creditors and at which time the distribution of property would be discussed ; but my estate attorneys paralegal, XXXX, messaged me yesterday through the legal portal we have to message through, to tell me that the person at probate who was handling it was no longer there and so they had to see what next steps were available to us to get in with the judge as early as possible. 

The VA managed to get the foreclosure paused until XX/XX/XXXX, but now they are unable to. I spoke to someone at the credit counseling service, XXXX, yesterday and she couldnt understand why the VA was unable to get the foreclosure date paused. My attorney got the final hearing with the creditors set for XX/XX/XXXX, at which time the distribution of property will be dealt with too. I have put so much money into repairs and maintenance, let alone attorney fees to open the estate and now XXXX cant even get XXXX more month. 

She said she was well aware of Rushmore Servicing from her 20 years in her job, they have had multiple lawsuits against them and that they were the worst of all loan servicers in regard to ethics and transparency and making it especially difficult for people in my situation to assume/inherit a loved ones property. She worked with someone who actually had a will, leaving the house to him and they kept using stall tactics like they have with me, refusing to take all documents and/or application for the mortgage modification until they get the past due amount so high he wouldnt be able to afford the payments. 

I am uploading my supporting documents and pdf screenshots of messages between me and my attorney and/or attorneys paralegal, letters from Rushmore Servicing , like from XXXX they wrote they had all of my documents needed for mortgage modification to be reviewed and then 4 days later on XXXX sent me a letter saying that they needed every single document and application for the mortgage modification application because they did NOT have anything! I happened to start working remote for a month that following Monday on the XXXX and had gone to stay with my parents in GA to help my mom recover from XXXX, so I didnt get that letter from Rushmore until it was too late, less than XXXX weeks later they put the property in foreclosure. 

I have been told several different things in regard to what is needed from me and when Ive asked Rushmore Servicing to clarify the name of the probate document, they need all my case XXXX has said is It will say XXXX of and have a gold seal from XXXX which my letters of administration do. The appraisal of the house has gone up since my brother purchased the house by {$200000.00} and interest is more than the 4.1 % he got the VA guaranteed loan at. I feel like this cant be legal or ethical. 
My case manager at XXXX has told me that it isnt even certain Id be able to assume the mortgage anyway, even though XXXX the borrowers immediate family and would be the successor in interest. Also, he tried to tell me that my parents who are the successors in interest right now would not be able to do the mortgage modification without the probate document awarding the property to them, like on the deed. They have told me that they had what they needed for the mortgage modification application packet to be reviewed only to change their story a couple of days later and putting it up for foreclosure sale time and time again, every time adding to what I owe them with their foreclosure attorney fees and everything being tacked on. 

The whole time Ive been going through this process I have never been asked for the deed or probate document awarding the property to me. Theyve wanted a probate document, but I didnt have to have the property awarded to me yet because they knew that could only happen when the estate was closed. When the loan servicer was with Mr. Cooper before last XX/XX/XXXX, the fact that I was misinformed or not informed of something important got so bad that I had to demand XXXX point of contact be assigned. My case was given to someone in escalations and things were finally a little better but then she became unreachable, and my mortgage was transferred to Rushmore servicing and suddenly the investors requirements completely changed. At Mr. Cooper I was always forwarded to the Successor in Interest department because that was the only document that was missing from my packet. At Rushmore servicing they refuse to let me talk to that department after I started to question if my case manager understood what Successor in Interest meant. I was able to get transferred to the Successor in Interest department XX/XX/XXXX, and that was when I called and got someone other than my case manager. At that time in XXXX XXXX, I found out the Successor in Interest department didnt even show my Personal Representative letters of administration on file or that I was authorized on the mortgage. She was going to add me on after she found my probate letters in the system somehow from where I had emailed them in. She sounded positive that my letters of administration, once properly uploaded in their system would change the hellish situation I was in with trying to get the foreclosure on hold for a little longer so I could finally get the probate document that has been needed. 


I had my attorney submit a petition that I and my parents had notarized that waived their rights as heirs and that would make me the successor in interest. 

There has been so much money going into the house from the biohazard cleaning after my brother died, new appliances for the XX/XX/XXXXXXXX XXXX so I could try to rent it out, new XXXX unit XXXX 

Also, I finally got the insurance check to have the roof replaced and was about to spend {$6000.00} on that deductible. 

Last month the downstairs flooded from the creek in the backyard, and I feel like they are unwilling to postpone the foreclosure now because of the insurance claim money. 

I have a roommate renting downstairs and my boyfriend who pay rent, so I definitely have more than enough income to resume the mortgage/escrow payments and additional back pay of escrow split over XXXX payments. 
This property is the only thing my family and I have of my little brothers and it was his lifelong dream and goal to find a place like that for him and I to take care of our parents in one day. Please help me. I am barely holding on at this point to my sanity and I cant even fathom how I will be able to process losing the property in a foreclosure sale less than 1 month before I am able to FINALLY get the Successor in Interest documents the mortgage servicer has been demanding to resolve the mortgage issue. 

Thank you so much for your time and consideration, XXXX XXXX

Company response to consumer: Closed with explanation