• Report: #1138312

Complaint Review: Rushmore Loan Management Services

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  • Submitted: Sat, April 12, 2014
  • Updated: Sat, April 12, 2014

  • Reported By: tech — Boynton Beach Florida
Rushmore Loan Management Services
Nationwide USA

Rushmore Loan Management Services Foreclosing on my home without giving me any chance to modify loan. Irvine CA

*Author of original report: I did try to work with them

*General Comment: ???????

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My home is being sold on April 17th, 2014 by Rushmore Loan Management Services. The home is in my name and always has been but my ex-husband remortgaged it before he left us and I am disabled and was not able to pay the $1544 a month payment while fighting for my SSDI and raising our daughter on only the little money he sent us. 

The loan has been through several servicers over the years and every time I settle with one it is sold to another servicer and I have to start the whole process over. They refuse to speak with me because I am not on the loan, so my ex gives them permission, they will start a dialog then all of a sudden they transfer it to another individual or deparment who will not speak with me with out authorization, so my ex will fax it again. To date this has happened around 80 times with 4 different servicers.

Until I got so sick that I couldn't work, the payments were supposed to be payed by my husband, the loan is in his name. They weren't, and he was living free at my parents old home. So I tried to pay them but couldn't. He was only sending $50, $100, maybe $150 here and there until I finally had to have him put on court ordered child support.

At that time I was working with UBS SSG to try and get the loan in my name and the modification done. In 2013 a modification forgiving half the loan and bringing the payments to a level I could afford was sent to my ex-husband. I never received it because by law they had to send it to the person on the mortgage and that was my now ex-husband.

He finally sent a pdf of it mixed in with a bunch of other paperwork through email to me in Feb. 2014. He also sent a letter that he had gotten in 2010 that said the loan had been transfered to Rushmore Loan Management Services in 2010. I never knew, even though I had gotten letters here addressed to my ex. I forwarded all of them to him to avoid any accusations that I was opening his personal mail, which is a federal offense as he told me after I had opened a bill for him that had come here and he became angry and threatened me.

I have a lawyer and we did send Rushmore a modification in January 2014. Rushmore said they never recieved anything from me or my lawyer and at court when my lawyer tried to stop or reschedule the sale the Judge Oftedal denied the motion. So my daughter and I will be put out on the street on April 30th according to what Rushmore has told me. They have the option to demand immediate possession of the home if they are the high bidder. But then so does anyone else that might get the house.

Rushmore refuses to deal with me, my lawyer or anyone else. My little house that I paid $100k for in 2000 and that my ex refinanced in 2006 for $150k will be gone because no one can decide who owns it, who owes the bill, and they won't work with me to help me keep the only home our daughter has ever known.

Now the almost comical thing, is that UBS is still the one on the foreclosure docket on the clerk of court records. When I told Rushmore that, they said they had no idea who UBS was. Even more comical is that Wells Fargo is also involved in it on a separate foreclosure. I have no idea where they are even coming from.

My ex took out the loan with GMAC, I have loan statements, the email reminders to me to make payments and even thank you emails to me for making timely payments. But on the loan agreement there is no Rushmore, no GMAC, no UBS, there is a hand written company named Gibralter Mortgage, who I suppose could be GMAC. Even Rushmore doesn't know who they are.

So that is that, and Rushmore is claiming that my little house is worth over the $150k when it is probably worth less than $60k because of the repairs it needs. They won't work with me, say I am not on the loan and are foreclosing. But I am the owner of record and always have been, and Rushmore's foreclosure through UBS (i guess that's how it works) is against my ex-husband and myself but for them and the owner of record (who is me). So I guess I am foreclosing on myself for myself and putting myself on the street while I still own the home. None of this makes sense and no one will try to figure it out but me, but no one will listen to me.

So what do I do but live in my car with my daughter and dogs because I have no friends and no family. Thank you Rushmore for destroying a family when that family has tried all along to work with you. 

 

 


This report was posted on Ripoff Report on 04/12/2014 08:40 AM and is a permanent record located here: http://www.ripoffreport.com/r/Rushmore-Loan-Management-Services/nationwide/Rushmore-Loan-Management-Services-Foreclosing-on-my-home-without-giving-me-any-chance-to-1138312. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
1Author 1Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

I did try to work with them

AUTHOR: tech - ()

To the person that says I got myself into this, I will not disagree, I know I did. What you seem to have overlooked are the sentences that include the words "work with me." I have done everything in my power to work with the multitude of servicers that have come across my plate since my ex took the loan out.

I have spent days on the phone with customer service departments, only to be told the same thing over and over again - "We're sorry, but we cannot speak with you because you are not on the loan."

What do you not understand about that statement?

According to them I am not on the loan. They won't talk with anyone that is not included on the loan as a borrower\co-borrower. By the time they would receive my ex's 3rd party authorization and I would call back the person handling the loan, it would always be moved to another person or department who told me the same thing -  "We're sorry, but we cannot speak with you because you are not on the loan."

I paid that loan for ontime for 5 years unti I became ill and could not work. I tried to talk to them at that time because I knew I would never be able to work again and would be on permanent disability. They would not speak with me because  "We're sorry, but we cannot speak with you because you are not on the loan."

I even tried to tell them diffently. But then all I got was silence and finally a foreclosure notice. At that time my home was worth over $250k on the market, within 6 months it was worth $180k, and they did nothing with the foreclosure and still would not talk to me  "We're sorry, but we cannot speak with you because you are not on the loan." Another 3rd party authorization, more reps, then they moved servicers again for the 3rd time. Then the bubble burst, the loan servicers never returned calls or answered them for that matter and it has not been until the housing has started to rebound and my house is now worth more than the loan once again that the foreclosure was pushed. And it appears Rushmore was always the primary servicer and denied it to me on the phone when I spoke with them. The others were just a name.

I tried like hell to make this work for my daughter so that I could keep a roof over our heads. I have over 2,000 pages of documents and a paper trail that leads back to the original mortgager - Gibraltar. They sold the loan within 24 hours to UBS. I was paying GMAC because they sent the bills and my loan number matched theirs.

So whoever you are, I have 5 years of payments out there with GMAC and I want my money back. And if you want to go through ALL my paperwork, line by line, be my guest. Because now I have found another woman with the same name as mine who had her loan with GMAC in a totally different part of the country. And her billing statements match mine, including the loan number. No lawyer caught this, no judge, no one at all. Until me, about a week after my original post. And only after 4 years of hell which have aggravated my condition and caused me to have a stroke, a minor heart attack and bleeding ulcers.

Be my guest and come to my house, sift through 2,000  plus pages of documents, 400 plus pages of phone documents showing when and where I called and how long I was on the phone and a gig of emails and figure this out. Because behind all of it is Rushmore and UBS.

Next time actually read what is written before you spout off.

 

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#2 General Comment

???????

AUTHOR: Tyg - ()

 How can you expect them to work with you NOW? You and your ex have done this to yourself. You cant cry foul when YOU have fouled yourself. It doesnt matter that you are the owner of record, when the loan was taken you and your ex BOTH had to sign the loan forms. Neither you or your ex made you a person who can handle the loan. This means that BECAUSE he is your ex, he has left this all in your hands with no way to resolve the issue. The ONLY way they will work WITH you is if you are paying the WHOLE AMOUNT BORROWED in one lump sum. Your home was leveraged for cash. So if you want them to work with you pay them what is owed. If you cannot they will take the money owed to them out of the sale of your home.

Its not illegal for them to do so since both you and your ex agreed to these terms WHEN YOU TOOK THE MONEY. No ripoff here. Just the consequences of not paying on a LOAN that was taken out. Its not very "nice" that this is happening but its a situation that YOU have gotten yourself into.

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