
Rushmore Loan Management, a mortgage servicing company, has been at the center of a lawsuit that has shed light on mortgage abuses.
The lawsuit alleges that Rushmore Loan Management engaged in deceptive and unfair practices, including charging homeowners unnecessary fees.
These fees added up quickly, with some homeowners paying hundreds or even thousands of dollars in unnecessary charges.
The lawsuit claims that Rushmore Loan Management failed to provide accurate account statements, making it difficult for homeowners to keep track of their payments.
This lack of transparency led to confusion and frustration for homeowners who were already struggling to make their mortgage payments.
Litigation
In the Clarence Mitchell, et al. v. Rushmore Loan Management Services, et al. lawsuit, the mortgage servicer sought summary judgment on two grounds: an absence of privity and its actions not violating any provision of the contract.
The trial court granted summary judgment in favor of the mortgage servicer, but not based on the privity argument, which was acknowledged but declined to be ruled upon. Instead, the trial court concluded that a breach of the covenant of good faith and fair dealing cannot occur in the absence of a breach of a specific term of the contract.
The plaintiffs appealed, and the court ultimately affirmed the trial court's grant of summary judgment on the ground that there is no privity of contract between the plaintiffs and the mortgage servicer.
Case Details

When reviewing a case, it's essential to know the basics. The full title of the case is often a good place to start.
ERIC POYNTER, Plaintiff, v. RUSHMORE LOAN MANAGEMENT SERVICES LLC, et al. is the title of a notable case.
The court where the case was heard is also important to note. The United States District Court, Southern District of Ohio is the court that presided over this case.
Citing Cases
Poynter v. Rushmore Loan Mgmt. Servs. LLC is a notable case, with a court decision dated March 15, 2022, in the Southern District of Ohio.
The parties in Poynter v. Rushmore Loan Mgmt. Servs. LLC dispute whether there is a private right of action under 12 C.F.R. § 1024.35 and 12 C.F.R. §.
In another case, Clarence Mitchell, et al. v. Rushmore Loan Management Services, et al., the plaintiffs brought a lawsuit alleging breach of contract and the covenant of good faith and fair dealing.
The trial court in Clarence Mitchell, et al. v. Rushmore Loan Management Services, et al. granted summary judgment in favor of the mortgage servicer, citing the absence of privity of contract between the parties.
See what others are reading: Zubulake V Ubs
Lawyer and Representation
We're taking on Rushmore Loan Management in court, and it's personal. Our firm has filed two federal lawsuits against them this month.
We're fighting for homeowners' rights, and it's clear that Rushmore is not living up to their end of the deal. According to our clients, Rushmore failed to timely pay property taxes as required by the mortgage contract.
Our lawyers have experienced firsthand the devastating effects of wrongful foreclosure threats. We've seen clients lose their homes and their sense of security.
Rushmore's actions are unacceptable, and we're holding them accountable. We've sued them on behalf of two clients so far, including a 71-year-old woman from Central Point suffering from dementia.
Rushmore Loan Management Services LLC is a multi-faceted financial services company, but that doesn't excuse their behavior. They have operations in California, Texas, and Puerto Rico.
We're committed to protecting Oregon homeowners from companies like Rushmore that take advantage of vulnerable individuals. Our lawyers are experienced and dedicated to fighting for justice.
Check this out: Ez Money Loan Services Lawsuit
Sources
- https://casetext.com/case/poynter-v-rushmore-loan-mgmt-servs-1
- https://law.justia.com/cases/tennessee/court-of-appeals/2023/w2022-00621-coa-r3-cv.html
- https://casetext.com/case/parsley-v-rushmore-loan-mgmt-servs
- https://www.linkedin.com/pulse/rushmore-loan-management-abuses-elderly-oregon-woman-lawsuit-fuller
- https://www.linkedin.com/pulse/rushmore-faces-second-oregon-lawsuit-over-mortgage-abuses-fuller
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