Preview
FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021
FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036
PAGE
7600680814_NOI_000067_04082019
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021
EDWIN R LAMB
Rushmore Loan Management Services LLC
PO Box 111209
Nashville, TN 37222
(For Return Mail Only)
7600680814 90980468 NC121 900845 01
April 08, 2019
000067 PRBA
EDWIN R LAMB
4 UNION ST APT 1
SIDNEY NY 13838
FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021
Rushmore Loan Management Services LLC
PO Box 111209
Nashville, TN 37222
(For Return Mail Only)
000067 PRBA
Date: April 08, 2019
EDWIN R LAMB
4 UNION ST APT 1
SIDNEY, NY 13838
RE:
Property Address:
20 SHERMAN AVE
SIDNEY, NY 13838
:
NOTICE OF INTENT TO FORECLOSE
Dear Mortgagor(s):
IMPORTANT: AS OF THE DATE OF THIS NOTICE, OUR RECORDS SHOW THAT THE REFERENCED
MORTGAGE LOAN IS DELINQUENT. IF THIS MORTGAGE LOAN HAS BEEN PAID CURRENT SINCE
THE DATE OF THIS NOTICE, PLEASE DISREGARD THIS LETTER.
Your Note and Security Instrument are presently in DEFAULT due to non-payment of the monthly installments,
beginning on 02/21/2017 and any other installments, costs, or fees due.
Failure to cure the default amount of $24,728.48 on or before 05/08/2019 may result in acceleration of the sums
secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property.
Please remit your payment in certified funds only (cashier's check, money order or certified check) and send to:
Overnight Mail: Western Union:
Rushmore Loan Management Services LLC Quick Collect (any location)
ATTN: Cashiering Department CodeState: CA
15480 Laguna Canyon Road, Suite 100 CodeCity: Rushmore
Irvine, CA 92618
Rushmore Loan Management Services LLC
15480 Laguna Canyon Rd. #100, Irvine, CA 92618
NC121-NY 30Day-04A Page 2
FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021
Partial payments received may be applied to any amounts outstanding, but any partial payments that are applied will
not invalidate our right to commence foreclosure proceedings.
If this amount is not in our possession within thirty (30) days of the date of this notice, we intend to initiate
foreclosure proceedings and accelerate the loan balance as soon as allowable under applicable laws and regulations.
In such case, your property will be sold at a duly held foreclosure sale or sheriff's sale and you will be required to
vacate the premises.
You have the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the
non-existence of a default or any other defense to acceleration and foreclosure.
You may be eligible for home ownership counseling from one of the approved home ownership counseling agencies.
Please call us at 1-888-504-7300 for information regarding the approved counseling agency nearest you.
Under Internal Revenue Code Regulation, we must report any foreclosure to the IRS on form 1099-A. Any
foreclosure may result in income tax consequences to you. Please consult the IRS or your tax advisor for further
information.
Sincerely,
Rushmore Loan Management Services LLC
Rushmore Loan Management Services LLC
15480 Laguna Canyon Rd. #100, Irvine, CA 92618
NC121-NY 30Day-04A Page 3
FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021
DEBT COLLECTION
This communication is for the purpose of collecting a debt, and any information obtained from the trustor(s) will be
used for that purpose. Rushmore is acting as a “debt collector” as that term is defined in the Federal Fair Debt
Collection Practices Act. This notice is required by the provisions of the Fair Debt Collection Practices Act and does
not imply that we are attempting to collect money from any one who has discharged the debt under the bankruptcy
laws of the United States.
CREDIT REPORTING
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults
on your account may be reflected in your credit report.
BANKRUPTCY
If you have received a discharge of this debt through bankruptcy, you are not personally liable to us if you do not pay
us the above amount. We can recover only the real property from you and you will not be obligated to pay us the
difference between what we may get from the sale of the real property and the balance due on the loan. This notice is
provided to inform you of what you must do to retain possession of your real property.
HUD STATEMENT
Pursuant to section 169 of the Housing and Community Development Act of 1987, you may have the opportunity to
receive counseling from various local agencies regarding the retention of your home. You may obtain a list of the
HUD approved housing counseling agencies by calling the HUD nationwide toll free telephone at 1-800-569-4287.
Rushmore Loan Management Services LLC
15480 Laguna Canyon Rd. #100, Irvine, CA 92618
NC121-NY 30Day-04A Page 4
FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021
Servicemembers Civil Relief U . S. Department of Housing OMB Approval 2502 - 0584
Act Notice Disclosure and Urban Development Exp 3/31/2021
Office of Housing
Legal Rights and Protections Under the SCRA
Servicemembers on “active duty” or “active service,” or a spouse or dependent of such a servicemember may be entitled to
certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC §§ 3901-4043)
(SCRA).
Who May Be Entitled to Legal Protections Under the SCRA?
x Regular members of the U.S. Armed Forces (Army, Navy, Air Force Marine Corps and Coast
Guard).
x Reserve and National Guard personnel who have been activated and are on Federal active duty
x National Guard personnel under a call or order to active duty for more than 30 consecutive days under
section 502(f) of title 32, United States Code, for purposes of responding to a national emergency
declared by the President and supported by Federal funds
x Active service members of the commissioned corps of the Public Health Service and the National
Oceanic and Atmospheric Administration.
x Certain United States citizens serving with the armed forces of a nation with which the United States
is allied in the prosecution of a war or military action.
What Legal Protections Are Servicemembers Entitled To Under the SCRA?
x The SCRA states that a debt incurred by a servicemember, or servicemember and spouse jointly, prior to
entering military service shall not bear interest at a rate above 6 % during the period of military service and one
year thereafter, in the case of an obligation or liability consisting of a mortgage, trust deed, or other security in the nature
of a mortgage, or during the period of military service in the case of any other obligation or liability.
x The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within one
year after the servicemember’s military service, a court may stop the proceedings for a period of time, or
adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during
or within one year after the servicemember’s military service unless the creditor has obtained a valid court
order approving the sale, foreclosure, or seizure of the real estate.
x The SCRA contains many other protections besides those applicable to home loans.
How Does A Servicemember or Dependent Request Relief Under the SCRA?
x In order to request relief under the SCRA from loans with interest rates above 6% a servicemember or spouse
must provide a written request to the lender, together with a copy of the servicemember’s military orders.
[Note: Lender should place its name, address, and contact information here.]
x There is no requirement under the SCRA, however, for a servicemember to provide a written notice or a copy
of a servicemember’s military orders to the lender in connection with a foreclosure or other debt enforcement
action against real estate.
Under these circumstances, lenders should inquire about the military status of a
person by searching the Department of Defense’s Defense Manpower Data Center’s website, contacting the
servicemember, and examining their files for indicia of military service.
Although there is no requirement for
servicemembers to alert the lender of their military status in these situations, it still is a good idea for the
servicemember to do so.
How Does a Servicemember or Dependent Obtain Information About the SCRA?
x Servicemembers and dependents with questions about the SCRA should contact their unit’s Judge Advocate, or
their installation’s Legal Assistance Officer. A military legal assistance office locator for all branches of the
Armed Forces is available at http://legalassistance.law.af.mil/content/locator.php
x “Military OneSource” is the U. S. Department of Defense’s information resource. If you are listed as entitled to
legal protections under the SCRA (see above), please go to www.militaryonesource.mil/legal or call 1-800-
342-9647 (toll free from the United States) to find out more information. Dialing instructions for areas outside
the United States are provided on the website.
form HUD-92070
(6/2017)
FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021
ADDITIONAL NOTICES
Rushmore Loan Management Services LLC is a Debt Collector, who is attempting to collect a debt. Any information obtained
will be used for that purpose. However, if you are in Bankruptcy or received a Bankruptcy Discharge of this debt, this letter is
being sent for informational purposes only, is not an attempt to collect a debt and does not constitute a notice of personal
liability with respect to the debt.
If you have any other mortgage loans secured by the same property not serviced by Rushmore, please c ontact your other
servicer directly to discuss any possible loss mitigation options that may be available to you.
If you are a confirmed Successor-in-Interest who has not assumed the mortgage loan obligation under State Law, this letter is
being sent for information purposes only and does not constitute personal liability with respect to the debt.
LEGAL NOTIFICATION: Rushmore Loan Management Services LLC may report information about your account to credit
bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report.
Notice of Error Resolution & Information Request Procedures
The following outlines the Error Resolution and Information Request Procedures for your mortgage account at Rushmore Loan
Management Services LLC (RLMS). Please keep this document for your records.
If you think an error has occurred on your mortgage account or if you need specific information about the servicing of
your loan, please write us at:
Rushmore Loan Management Services LLC
P.O. Box 52262
Irvine, California 92619-2262
All written requests for information or notices of error should contain the following information:
1. Your name
2. Account number
3. Property Address
4. Description of the error and explanation as to why you believe it is an error or a request for specific information
regarding the servicing of your loan
5. Current contact information so we may follow up with you
All written requests for specific informationwill be handled within 30 days of receipt. We will determine whether an error
occurred within 30 days after receiving your notice of error and will correct any error promptly (Notices of error on payoff
statements will be handled within 7 days). If additional time is needed to investigate your complaint or request, we may take up
to 45 days but we will notify you of the extension within the original 30 days. If we decide that there was no error, we willsend
you a written explanation. You may ask for copies of the documents that we used in our investigation.
HUD STATEMENT
Pursuant to section 169 of the Housing and Community Development Act of 1987, you may have the opportunity to receive
counseling from various local agencies regarding the retention of your home. You may obtain a list of the HUD approved housin g
counseling agencies by calling the HUD nationwide toll free telephone at 1-800-569-4287.
Equal Credit Opportunity Act Disclosure
NOTICE: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the bas is
of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a bin ding
contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has
in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance
with this law concerning this creditor is the Bureau of Consumer Financial Protection, 1700 G Street NW, Washington, DC
20552.
Rev 2/19
FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021
STATE SPECIFIC NOTICES
The following notice applies to Arkansas residents only:
Please note that Rushmore Loan Management Services LLC is licensed in Arkansas and that complaints about Rushmore Loan
Management Services LLC may be submitted to the Arkansas Securities Department via the Department's website
(http://www.securities.arkansas.gov/) or toll-free1-800-981-4429.
The following notice applies to California residents only:
The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except
under unusual circumstances, collectors may not contact you before 8:00 a.m. or after 9:00 p.m. They may not harass you by
using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading sta tements or call
you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors
may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to
confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the
Federal Trade Commission at 1-877-FTC-HELP (382-4357) or www.ftc.gov.
The following notice applies to Colorado residents only:
Please note: A consumer has the right to request in writing that a debt collector or collection agency cease further
communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection
agency from taking any other action authorized by law to collect the debt.
FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE www.coag.gov/car.
Please be advised that you can reach the Colorado Foreclosure Hotline at 1-877-601-HOPE (601-4673).
Local Rushmore Loan Management Services LLC Agent for Colorado Residents:
Irvin Borenstein
7200 S. Alton Way, #B180
Centennial, CO 80112
303-309-3839
The following notice applies to Hawaii residents only:
Rushmore is licensed by the Division of Financial Institutions for the State of Hawaii. A borrower may file a complaint about
Rushmore Loan Management Services with the Commissioner:
Division of Financial Institutions
Department of Commerce and Consumer Affairs
King Kalakaua Building
335 Merchant Street, Rm. 221
Honolulu, HI 96813
The following notice applies to Massachusetts residents only:
Notice of IMPORTANT RIGHTS: You have the right to make a written or oral request that telephone calls regarding your debt
not be made to you at your place of employment. Any such oral request will be valid for only ten (10) days unless you provide
written confirmation of the request postmarked or delivered within seven (7) days of such request. You may terminate this
request by writing to the creditor.
The following notice applies to North Carolina residents only:
If you believe the loss mitigation request has been wrongly denied, you may file a complaint with the North
Carolina Office of the Commissioner of Banks website, www.nccob.gov .
RUSHMORE LOAN MANAGEMENT SERVICES LLC Branch Addresses:
California Branch: 15480 Laguna Canyon Road, Suite 100, Irvine CA 92618
Texas Branch: 1755 Wittington Place, Suite 400, Dallas TX 75234
Oklahoma Branch: 2000 North Classen Blvd, Suite N3400, Oklahoma City, OK 73106
FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021
Collection Agency
CA Office License Number: 103651
TX Office License Number: 112248
OK Office License Number: 113559
The following notice applies to New York residents only:
NOTICE PURSUANT TO NEW YORK STATE BANKING REGULATION 419
Rushmore is registered with the Superintendent of Banks for the State of New York. A borrower may file a complaint about
Rushmore Loan Management Services with the New York State Department of Financial Services. A borrower may obtain
further information from the New York State Department of Financial Services by calling the Department’s Consumer
Assistance Unit at 1-800-342-3736 or by visiting the Department’s website at www.dfs.ny.gov.
NMLS Unique ID Number 185729
The following notice applies to Texas residents only:
COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE SHOULD BE
SENT TO THE DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 NORTH
LAMAR, SUITE 201, AUSTIN, TX 78705. A TOLL-FREE CONSUMER HOTLINE IS
AVAILABLE AT 877-276-5550.
A complaint form and instructions may be downloaded and printed from the Department’s
website located at www.sml.texas.gov or obtained from the department upon request by mail at
the address above, by telephone at its toll-freeconsumer hotline listed above, or by email at
smlinfo@sml.texas.gov.
The following notice applies to Oregon residents only:
Pursuant to Oregon Revised Statutes 86A.324(I)(i), the Director of the Department of Consumer and Business Services
prescribes by rule. Residential mortgage loan servicers are regulated by the Oregon Division of Financial Regulation. If you have
a question or complaint against a company or individual in the financial services industry, you may file a complaint by calling the
Department at 1-866-814-9710 or by visiting http://dfr.oregon.gov. You may also send your complaints by fax to 503-947-7862,
or by mail to: PO Box 14480, Salem, OR 97309-0405.
The following notice applies to Pennsylvania residents only:
The lender shall retain a security interest in the residential real estate unless and until the debt is fully satisfied
and the security
interest is released.
The following notice applies to Wisconsin residents only:
This collection agency is licensed by the Division of Banking in the Wisconsin Department of Financial
Institutions, www.wdfi.org.
FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036
PAGE
7600680814_NOI_000059_04082019
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021
EDWIN R LAMB
Rushmore Loan Management Services
LLC
PO Box 111209
Nashville, TN 37222
(For Return Mail Only)
7600680814 90980471 NC121 900845 01
9214 8901 1558 2644 4000 6063 48
April 08, 2019
000059 PRPA
EDWIN R LAMB
20 SHERMAN AVE
SIDNEY NY 13838
FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021
Rushmore Loan Management Services LLC
PO Box 111209
Nashville, TN 37222
(For Return Mail Only)
000059 PRPA
Date: April 08, 2019
EDWIN R LAMB
20 SHERMAN AVE
SIDNEY, NY 13838
RE:
Property Address:
20 SHERMAN AVE
SIDNEY, NY 13838
:
NOTICE OF INTENT TO FORECLOSE
Dear Mortgagor(s):
IMPORTANT: AS OF THE DATE OF THIS NOTICE, OUR RECORDS SHOW THAT THE REFERENCED
MORTGAGE LOAN IS DELINQUENT. IF THIS MORTGAGE LOAN HAS BEEN PAID CURRENT SINCE
THE DATE OF THIS NOTICE, PLEASE DISREGARD THIS LETTER.
Your Note and Security Instrument are presently in DEFAULT due to non-payment of the monthly installments,
beginning on 02/21/2017 and any other installments, costs, or fees due.
Failure to cure the default amount of $24,728.48 on or before 05/08/2019 may result in acceleration of the sums
secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property.
Please remit your payment in certified funds only (cashier's check, money order or certified check) and send to:
Overnight Mail: Western Union:
Rushmore Loan Management Services LLC Quick Collect (any location)
ATTN: Cashiering Department CodeState: CA
15480 Laguna Canyon Road, Suite 100 CodeCity: Rushmore
Irvine, CA 92618
Rushmore Loan Management Services LLC
15480 Laguna Canyon Rd. #100, Irvine, CA 92618
NC121-NY 30Day-04A Page 2
FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021
Partial payments received may be applied to any amounts outstanding, but any partial payments that are applied will
not invalidate our right to commence foreclosure proceedings.
If this amount is not in our possession within thirty (30) days of the date of this notice, we intend to initiate
foreclosure proceedings and accelerate the loan balance as soon as allowable under applicable laws and regulations.
In such case, your property will be sold at a duly held foreclosure sale or sheriff's sale and you will be required to
vacate the premises.
You have the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the
non-existence of a default or any other defense to acceleration and foreclosure.
You may be eligible for home ownership counseling from one of the approved home ownership counseling agencies.
Please call us at 1-888-504-7300 for information regarding the approved counseling agency nearest you.
Under Internal Revenue Code Regulation, we must report any foreclosure to the IRS on form 1099-A. Any
foreclosure may result in income tax consequences to you. Please consult the IRS or your tax advisor for further
information.
Sincerely,
Rushmore Loan Management Services LLC
Rushmore Loan Management Services LLC
15480 Laguna Canyon Rd. #100, Irvine, CA 92618
NC121-NY 30Day-04A Page 3
FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021
DEBT COLLECTION
This communication is for the purpose of collecting a debt, and any information obtained from the trustor(s) will be
used for that purpose. Rushmore is acting as a “debt collector” as that term is defined in the Federal Fair Debt
Collection Practices Act. This notice is required by the provisions of the Fair Debt Collection Practices Act and does
not imply that we are attempting to collect money from any one who has discharged the debt under the bankruptcy
laws of the United States.
CREDIT REPORTING
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults
on your account may be reflected in your credit report.
BANKRUPTCY
If you have received a discharge of this debt through bankruptcy, you are not personally liable to us if you do not pay
us the above amount. We can recover only the real property from you and you will not be obligated to pay us the
difference between what we may get from the sale of the real property and the balance due on the loan. This notice is
provided to inform you of what you must do to retain possession of your real property.
HUD STATEMENT
Pursuant to section 169 of the Housing and Community Development Act of 1987, you may have the opportunity to
receive counseling from various local agencies regarding the retention of your home. You may obtain a list of the
HUD approved housing counseling agencies by calling the HUD nationwide toll free telephone at 1-800-569-4287.
Rushmore Loan Management Services LLC
15480 Laguna Canyon Rd. #100, Irvine, CA 92618
NC121-NY 30Day-04A Page 4
FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021
Servicemembers Civil Relief U . S. Department of Housing OMB Approval 2502 - 0584
Act Notice Disclosure and Urban Development Exp 3/31/2021
Office of Housing
Legal Rights and Protections Under the SCRA
Servicemembers on “active duty” or “active service,” or a spouse or dependent of such a servicemember may be entitled to
certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC §§ 3901-4043)
(SCRA).
Who May Be Entitled to Legal Protections Under the SCRA?
x Regular members of the U.S. Armed Forces (Army, Navy, Air Force Marine Corps and Coast
Guard).
x Reserve and National Guard personnel who have been activated and are on Federal active duty
x National Guard personnel under a call or order to active duty for more than 30 consecutive days under
section 502(f) of title 32, United States Code, for purposes of responding to a national emergency
declared by the President and supported by Federal funds
x Active service members of the commissioned corps of the Public Health Service and the National
Oceanic and Atmospheric Administration.
x Certain United States citizens serving with the armed forces of a nation with which the United States
is allied in the prosecution of a war or military action.
What Legal Protections Are Servicemembers Entitled To Under the SCRA?
x The SCRA states that a debt incurred by a servicemember, or servicemember and spouse jointly, prior to
entering military service shall not bear interest at a rate above 6 % during the period of military service and one
year thereafter, in the case of an obligation or liability consisting of a mortgage, trust deed, or other security in the nature
of a mortgage, or during the period of military service in the case of any other obligation or liability.
x The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within one
year after the servicemember’s military service, a court may stop the proceedings for a period of time, or
adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during
or within one year after the servicemember’s military service unless the creditor has obtained a valid court
order approving the sale, foreclosure, or seizure of the real estate.
x The SCRA contains many other protections besides those applicable to home loans.
How Does A Servicemember or Dependent Request Relief Under the SCRA?
x In order to request relief under the SCRA from loans with interest rates above 6% a servicemember or spouse
must provide a written request to the lender, together with a copy of the servicemember’s military orders.
[Note: Lender should place its name, address, and contact information here.]
x There is no requirement under the SCRA, however, for a servicemember to provide a written notice or a copy
of a servicemember’s military orders to the lender in connection with a foreclosure or other debt enforcement
action against real estate.
Under these circumstances, lenders should inquire about the military status of a
person by searching the Department of Defense’s Defense Manpower Data Center’s website, contacting the
servicemember, and examining their files for indicia of military service.
Although there is no requirement for
servicemembers to alert the lender of their military status in these situations, it still is a good idea for the
servicemember to do so.
How Does a Servicemember or Dependent Obtain Information About the SCRA?
x Servicemembers and dependents with questions about the SCRA should contact their unit’s Judge Advocate, or
their installation’s Legal Assistance Officer. A military legal assistance office locator for all branches of the
Armed Forces is available at http://legalassistance.law.af.mil/content/locator.php
x “Military OneSource” is the U. S. Department of Defense’s information resource. If you are listed as entitled to
legal protections under the SCRA (see above), please go to www.militaryonesource.mil/legal or call 1-800-
342-9647 (toll free from the United States) to find out more information. Dialing instructions for areas outside
the United States are provided on the website.
form HUD-92070
(6/2017)
FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021
ADDITIONAL NOTICES
Rushmore Loan Management Services LLC is a Debt Collector, who is attempting to collect a debt. Any information obtained
will be used for that purpose. However, if you are in Bankruptcy or received a Bankruptcy Discharge of this debt, this letter is
being sent for informational purposes only, is not an attempt to collect a debt and does not constitute a notice of personal
liability with respect to the debt.
If you have any other mortgage loans secured by the same property not serviced by Rushmore, please c ontact your other
servicer directly to discuss any possible loss mitigation options that may be available to you.
If you are a confirmed Successor-in-Interest who has not assumed the mortgage loan obligation under State Law, this letter is
being sent for information purposes only and does not constitute personal liability with respect to the debt.
LEGAL NOTIFICATION: Rushmore Loan Management Services LLC may report information about your account to credit
bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report.
Notice of Error Resolution & Information Request Procedures
The following outlines the Error Resolution and Information Request Procedures for your mortgage account at Rushmore Loan
Management Services LLC (RLMS). Please keep this document for your records.
If you think an error has occurred on your mortgage account or if you need specific information about the servicing of
your loan, please write us at:
Rushmore Loan Management Services LLC
P.O. Box 52262
Irvine, California 92619-2262
All written requests for information or notices of error should contain the following information:
1. Your name
2. Account number
3. Property Address
4. Description of the error and explanation as to why you believe it is an error or a request for specific information
regarding the servicing of your loan
5. Current contact information so we may follow up with you
All written requests for specific informationwill be handled within 30 days of receipt. We will determine whether an error
occurred within 30 days after receiving your notice of error and will correct any error promptly (Notices of error on payoff
statements will be handled within 7 days). If additional time is needed to investigate your complaint or request, we may take up
to 45 days but we will notify you of the extension within the original 30 days. If we decide that there was no error, we willsend
you a written explanation. You may ask for copies of the documents that we used in our investigation.
HUD STATEMENT
Pursuant to section 169 of the Housing and Community Development Act of 1987, you may have the opportunity to receive
counseling from various local agencies regarding the retention of your home. You may obtain a list of the HUD approved housin g
counseling agencies by calling the HUD nationwide toll free telephone at 1-800-569-4287.
Equal Credit Opportunity Act Disclosure
NOTICE: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the bas is
of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a bin ding
contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has
in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance
with this law concerning this creditor is the Bureau of Consumer Financial Protection, 1700 G Street NW, Washington, DC
20552.
Rev 2/19
FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021
STATE SPECIFIC NOTICES
The following notice applies to Arkansas residents only:
Please note that Rushmore Loan Management Services LLC is licensed in Arkansas and that complaints about Rushmore Loan
Management Services LLC may be submitted to the Arkansas Securities Department via the Department's website
(http://www.securities.arkansas.gov/) or toll-free1-800-981-4429.
The following notice applies to California residents only:
The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except
under unusual circumstances, collectors may not contact you before 8:00 a.m. or after 9:00 p.m. They may not harass you by
using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading sta tements or call
you at work if they know or have reason to know that you may not receive personal calls at w
Preview
FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021 FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036 PAGE 7600680814_NOI_000067_04082019 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021 EDWIN R LAMB Rushmore Loan Management Services LLC PO Box 111209 Nashville, TN 37222 (For Return Mail Only) 7600680814 90980468 NC121 900845 01 April 08, 2019 000067 PRBA EDWIN R LAMB 4 UNION ST APT 1 SIDNEY NY 13838 FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021 Rushmore Loan Management Services LLC PO Box 111209 Nashville, TN 37222 (For Return Mail Only) 000067 PRBA Date: April 08, 2019 EDWIN R LAMB 4 UNION ST APT 1 SIDNEY, NY 13838 RE: Property Address: 20 SHERMAN AVE SIDNEY, NY 13838 : NOTICE OF INTENT TO FORECLOSE Dear Mortgagor(s): IMPORTANT: AS OF THE DATE OF THIS NOTICE, OUR RECORDS SHOW THAT THE REFERENCED MORTGAGE LOAN IS DELINQUENT. IF THIS MORTGAGE LOAN HAS BEEN PAID CURRENT SINCE THE DATE OF THIS NOTICE, PLEASE DISREGARD THIS LETTER. Your Note and Security Instrument are presently in DEFAULT due to non-payment of the monthly installments, beginning on 02/21/2017 and any other installments, costs, or fees due. Failure to cure the default amount of $24,728.48 on or before 05/08/2019 may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Please remit your payment in certified funds only (cashier's check, money order or certified check) and send to: Overnight Mail: Western Union: Rushmore Loan Management Services LLC Quick Collect (any location) ATTN: Cashiering Department CodeState: CA 15480 Laguna Canyon Road, Suite 100 CodeCity: Rushmore Irvine, CA 92618 Rushmore Loan Management Services LLC 15480 Laguna Canyon Rd. #100, Irvine, CA 92618 NC121-NY 30Day-04A Page 2 FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021 Partial payments received may be applied to any amounts outstanding, but any partial payments that are applied will not invalidate our right to commence foreclosure proceedings. If this amount is not in our possession within thirty (30) days of the date of this notice, we intend to initiate foreclosure proceedings and accelerate the loan balance as soon as allowable under applicable laws and regulations. In such case, your property will be sold at a duly held foreclosure sale or sheriff's sale and you will be required to vacate the premises. You have the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense to acceleration and foreclosure. You may be eligible for home ownership counseling from one of the approved home ownership counseling agencies. Please call us at 1-888-504-7300 for information regarding the approved counseling agency nearest you. Under Internal Revenue Code Regulation, we must report any foreclosure to the IRS on form 1099-A. Any foreclosure may result in income tax consequences to you. Please consult the IRS or your tax advisor for further information. Sincerely, Rushmore Loan Management Services LLC Rushmore Loan Management Services LLC 15480 Laguna Canyon Rd. #100, Irvine, CA 92618 NC121-NY 30Day-04A Page 3 FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021 DEBT COLLECTION This communication is for the purpose of collecting a debt, and any information obtained from the trustor(s) will be used for that purpose. Rushmore is acting as a “debt collector” as that term is defined in the Federal Fair Debt Collection Practices Act. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from any one who has discharged the debt under the bankruptcy laws of the United States. CREDIT REPORTING We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. BANKRUPTCY If you have received a discharge of this debt through bankruptcy, you are not personally liable to us if you do not pay us the above amount. We can recover only the real property from you and you will not be obligated to pay us the difference between what we may get from the sale of the real property and the balance due on the loan. This notice is provided to inform you of what you must do to retain possession of your real property. HUD STATEMENT Pursuant to section 169 of the Housing and Community Development Act of 1987, you may have the opportunity to receive counseling from various local agencies regarding the retention of your home. You may obtain a list of the HUD approved housing counseling agencies by calling the HUD nationwide toll free telephone at 1-800-569-4287. Rushmore Loan Management Services LLC 15480 Laguna Canyon Rd. #100, Irvine, CA 92618 NC121-NY 30Day-04A Page 4 FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021 Servicemembers Civil Relief U . S. Department of Housing OMB Approval 2502 - 0584 Act Notice Disclosure and Urban Development Exp 3/31/2021 Office of Housing Legal Rights and Protections Under the SCRA Servicemembers on “active duty” or “active service,” or a spouse or dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC §§ 3901-4043) (SCRA). Who May Be Entitled to Legal Protections Under the SCRA? x Regular members of the U.S. Armed Forces (Army, Navy, Air Force Marine Corps and Coast Guard). x Reserve and National Guard personnel who have been activated and are on Federal active duty x National Guard personnel under a call or order to active duty for more than 30 consecutive days under section 502(f) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds x Active service members of the commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration. x Certain United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action. What Legal Protections Are Servicemembers Entitled To Under the SCRA? x The SCRA states that a debt incurred by a servicemember, or servicemember and spouse jointly, prior to entering military service shall not bear interest at a rate above 6 % during the period of military service and one year thereafter, in the case of an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage, or during the period of military service in the case of any other obligation or liability. x The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within one year after the servicemember’s military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during or within one year after the servicemember’s military service unless the creditor has obtained a valid court order approving the sale, foreclosure, or seizure of the real estate. x The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Request Relief Under the SCRA? x In order to request relief under the SCRA from loans with interest rates above 6% a servicemember or spouse must provide a written request to the lender, together with a copy of the servicemember’s military orders. [Note: Lender should place its name, address, and contact information here.] x There is no requirement under the SCRA, however, for a servicemember to provide a written notice or a copy of a servicemember’s military orders to the lender in connection with a foreclosure or other debt enforcement action against real estate. Under these circumstances, lenders should inquire about the military status of a person by searching the Department of Defense’s Defense Manpower Data Center’s website, contacting the servicemember, and examining their files for indicia of military service. Although there is no requirement for servicemembers to alert the lender of their military status in these situations, it still is a good idea for the servicemember to do so. How Does a Servicemember or Dependent Obtain Information About the SCRA? x Servicemembers and dependents with questions about the SCRA should contact their unit’s Judge Advocate, or their installation’s Legal Assistance Officer. A military legal assistance office locator for all branches of the Armed Forces is available at http://legalassistance.law.af.mil/content/locator.php x “Military OneSource” is the U. S. Department of Defense’s information resource. If you are listed as entitled to legal protections under the SCRA (see above), please go to www.militaryonesource.mil/legal or call 1-800- 342-9647 (toll free from the United States) to find out more information. Dialing instructions for areas outside the United States are provided on the website. form HUD-92070 (6/2017) FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021 ADDITIONAL NOTICES Rushmore Loan Management Services LLC is a Debt Collector, who is attempting to collect a debt. Any information obtained will be used for that purpose. However, if you are in Bankruptcy or received a Bankruptcy Discharge of this debt, this letter is being sent for informational purposes only, is not an attempt to collect a debt and does not constitute a notice of personal liability with respect to the debt. If you have any other mortgage loans secured by the same property not serviced by Rushmore, please c ontact your other servicer directly to discuss any possible loss mitigation options that may be available to you. If you are a confirmed Successor-in-Interest who has not assumed the mortgage loan obligation under State Law, this letter is being sent for information purposes only and does not constitute personal liability with respect to the debt. LEGAL NOTIFICATION: Rushmore Loan Management Services LLC may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. Notice of Error Resolution & Information Request Procedures The following outlines the Error Resolution and Information Request Procedures for your mortgage account at Rushmore Loan Management Services LLC (RLMS). Please keep this document for your records. If you think an error has occurred on your mortgage account or if you need specific information about the servicing of your loan, please write us at: Rushmore Loan Management Services LLC P.O. Box 52262 Irvine, California 92619-2262 All written requests for information or notices of error should contain the following information: 1. Your name 2. Account number 3. Property Address 4. Description of the error and explanation as to why you believe it is an error or a request for specific information regarding the servicing of your loan 5. Current contact information so we may follow up with you All written requests for specific informationwill be handled within 30 days of receipt. We will determine whether an error occurred within 30 days after receiving your notice of error and will correct any error promptly (Notices of error on payoff statements will be handled within 7 days). If additional time is needed to investigate your complaint or request, we may take up to 45 days but we will notify you of the extension within the original 30 days. If we decide that there was no error, we willsend you a written explanation. You may ask for copies of the documents that we used in our investigation. HUD STATEMENT Pursuant to section 169 of the Housing and Community Development Act of 1987, you may have the opportunity to receive counseling from various local agencies regarding the retention of your home. You may obtain a list of the HUD approved housin g counseling agencies by calling the HUD nationwide toll free telephone at 1-800-569-4287. Equal Credit Opportunity Act Disclosure NOTICE: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the bas is of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a bin ding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Bureau of Consumer Financial Protection, 1700 G Street NW, Washington, DC 20552. Rev 2/19 FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021 STATE SPECIFIC NOTICES The following notice applies to Arkansas residents only: Please note that Rushmore Loan Management Services LLC is licensed in Arkansas and that complaints about Rushmore Loan Management Services LLC may be submitted to the Arkansas Securities Department via the Department's website (http://www.securities.arkansas.gov/) or toll-free1-800-981-4429. The following notice applies to California residents only: The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8:00 a.m. or after 9:00 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading sta tements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP (382-4357) or www.ftc.gov. The following notice applies to Colorado residents only: Please note: A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt. FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE www.coag.gov/car. Please be advised that you can reach the Colorado Foreclosure Hotline at 1-877-601-HOPE (601-4673). Local Rushmore Loan Management Services LLC Agent for Colorado Residents: Irvin Borenstein 7200 S. Alton Way, #B180 Centennial, CO 80112 303-309-3839 The following notice applies to Hawaii residents only: Rushmore is licensed by the Division of Financial Institutions for the State of Hawaii. A borrower may file a complaint about Rushmore Loan Management Services with the Commissioner: Division of Financial Institutions Department of Commerce and Consumer Affairs King Kalakaua Building 335 Merchant Street, Rm. 221 Honolulu, HI 96813 The following notice applies to Massachusetts residents only: Notice of IMPORTANT RIGHTS: You have the right to make a written or oral request that telephone calls regarding your debt not be made to you at your place of employment. Any such oral request will be valid for only ten (10) days unless you provide written confirmation of the request postmarked or delivered within seven (7) days of such request. You may terminate this request by writing to the creditor. The following notice applies to North Carolina residents only: If you believe the loss mitigation request has been wrongly denied, you may file a complaint with the North Carolina Office of the Commissioner of Banks website, www.nccob.gov . RUSHMORE LOAN MANAGEMENT SERVICES LLC Branch Addresses: California Branch: 15480 Laguna Canyon Road, Suite 100, Irvine CA 92618 Texas Branch: 1755 Wittington Place, Suite 400, Dallas TX 75234 Oklahoma Branch: 2000 North Classen Blvd, Suite N3400, Oklahoma City, OK 73106 FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021 Collection Agency CA Office License Number: 103651 TX Office License Number: 112248 OK Office License Number: 113559 The following notice applies to New York residents only: NOTICE PURSUANT TO NEW YORK STATE BANKING REGULATION 419 Rushmore is registered with the Superintendent of Banks for the State of New York. A borrower may file a complaint about Rushmore Loan Management Services with the New York State Department of Financial Services. A borrower may obtain further information from the New York State Department of Financial Services by calling the Department’s Consumer Assistance Unit at 1-800-342-3736 or by visiting the Department’s website at www.dfs.ny.gov. NMLS Unique ID Number 185729 The following notice applies to Texas residents only: COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE SHOULD BE SENT TO THE DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 NORTH LAMAR, SUITE 201, AUSTIN, TX 78705. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT 877-276-5550. A complaint form and instructions may be downloaded and printed from the Department’s website located at www.sml.texas.gov or obtained from the department upon request by mail at the address above, by telephone at its toll-freeconsumer hotline listed above, or by email at smlinfo@sml.texas.gov. The following notice applies to Oregon residents only: Pursuant to Oregon Revised Statutes 86A.324(I)(i), the Director of the Department of Consumer and Business Services prescribes by rule. Residential mortgage loan servicers are regulated by the Oregon Division of Financial Regulation. If you have a question or complaint against a company or individual in the financial services industry, you may file a complaint by calling the Department at 1-866-814-9710 or by visiting http://dfr.oregon.gov. You may also send your complaints by fax to 503-947-7862, or by mail to: PO Box 14480, Salem, OR 97309-0405. The following notice applies to Pennsylvania residents only: The lender shall retain a security interest in the residential real estate unless and until the debt is fully satisfied and the security interest is released. The following notice applies to Wisconsin residents only: This collection agency is licensed by the Division of Banking in the Wisconsin Department of Financial Institutions, www.wdfi.org. FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036 PAGE 7600680814_NOI_000059_04082019 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021 EDWIN R LAMB Rushmore Loan Management Services LLC PO Box 111209 Nashville, TN 37222 (For Return Mail Only) 7600680814 90980471 NC121 900845 01 9214 8901 1558 2644 4000 6063 48 April 08, 2019 000059 PRPA EDWIN R LAMB 20 SHERMAN AVE SIDNEY NY 13838 FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021 Rushmore Loan Management Services LLC PO Box 111209 Nashville, TN 37222 (For Return Mail Only) 000059 PRPA Date: April 08, 2019 EDWIN R LAMB 20 SHERMAN AVE SIDNEY, NY 13838 RE: Property Address: 20 SHERMAN AVE SIDNEY, NY 13838 : NOTICE OF INTENT TO FORECLOSE Dear Mortgagor(s): IMPORTANT: AS OF THE DATE OF THIS NOTICE, OUR RECORDS SHOW THAT THE REFERENCED MORTGAGE LOAN IS DELINQUENT. IF THIS MORTGAGE LOAN HAS BEEN PAID CURRENT SINCE THE DATE OF THIS NOTICE, PLEASE DISREGARD THIS LETTER. Your Note and Security Instrument are presently in DEFAULT due to non-payment of the monthly installments, beginning on 02/21/2017 and any other installments, costs, or fees due. Failure to cure the default amount of $24,728.48 on or before 05/08/2019 may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Please remit your payment in certified funds only (cashier's check, money order or certified check) and send to: Overnight Mail: Western Union: Rushmore Loan Management Services LLC Quick Collect (any location) ATTN: Cashiering Department CodeState: CA 15480 Laguna Canyon Road, Suite 100 CodeCity: Rushmore Irvine, CA 92618 Rushmore Loan Management Services LLC 15480 Laguna Canyon Rd. #100, Irvine, CA 92618 NC121-NY 30Day-04A Page 2 FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021 Partial payments received may be applied to any amounts outstanding, but any partial payments that are applied will not invalidate our right to commence foreclosure proceedings. If this amount is not in our possession within thirty (30) days of the date of this notice, we intend to initiate foreclosure proceedings and accelerate the loan balance as soon as allowable under applicable laws and regulations. In such case, your property will be sold at a duly held foreclosure sale or sheriff's sale and you will be required to vacate the premises. You have the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense to acceleration and foreclosure. You may be eligible for home ownership counseling from one of the approved home ownership counseling agencies. Please call us at 1-888-504-7300 for information regarding the approved counseling agency nearest you. Under Internal Revenue Code Regulation, we must report any foreclosure to the IRS on form 1099-A. Any foreclosure may result in income tax consequences to you. Please consult the IRS or your tax advisor for further information. Sincerely, Rushmore Loan Management Services LLC Rushmore Loan Management Services LLC 15480 Laguna Canyon Rd. #100, Irvine, CA 92618 NC121-NY 30Day-04A Page 3 FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021 DEBT COLLECTION This communication is for the purpose of collecting a debt, and any information obtained from the trustor(s) will be used for that purpose. Rushmore is acting as a “debt collector” as that term is defined in the Federal Fair Debt Collection Practices Act. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from any one who has discharged the debt under the bankruptcy laws of the United States. CREDIT REPORTING We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. BANKRUPTCY If you have received a discharge of this debt through bankruptcy, you are not personally liable to us if you do not pay us the above amount. We can recover only the real property from you and you will not be obligated to pay us the difference between what we may get from the sale of the real property and the balance due on the loan. This notice is provided to inform you of what you must do to retain possession of your real property. HUD STATEMENT Pursuant to section 169 of the Housing and Community Development Act of 1987, you may have the opportunity to receive counseling from various local agencies regarding the retention of your home. You may obtain a list of the HUD approved housing counseling agencies by calling the HUD nationwide toll free telephone at 1-800-569-4287. Rushmore Loan Management Services LLC 15480 Laguna Canyon Rd. #100, Irvine, CA 92618 NC121-NY 30Day-04A Page 4 FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021 Servicemembers Civil Relief U . S. Department of Housing OMB Approval 2502 - 0584 Act Notice Disclosure and Urban Development Exp 3/31/2021 Office of Housing Legal Rights and Protections Under the SCRA Servicemembers on “active duty” or “active service,” or a spouse or dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC §§ 3901-4043) (SCRA). Who May Be Entitled to Legal Protections Under the SCRA? x Regular members of the U.S. Armed Forces (Army, Navy, Air Force Marine Corps and Coast Guard). x Reserve and National Guard personnel who have been activated and are on Federal active duty x National Guard personnel under a call or order to active duty for more than 30 consecutive days under section 502(f) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds x Active service members of the commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration. x Certain United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action. What Legal Protections Are Servicemembers Entitled To Under the SCRA? x The SCRA states that a debt incurred by a servicemember, or servicemember and spouse jointly, prior to entering military service shall not bear interest at a rate above 6 % during the period of military service and one year thereafter, in the case of an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage, or during the period of military service in the case of any other obligation or liability. x The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within one year after the servicemember’s military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during or within one year after the servicemember’s military service unless the creditor has obtained a valid court order approving the sale, foreclosure, or seizure of the real estate. x The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Request Relief Under the SCRA? x In order to request relief under the SCRA from loans with interest rates above 6% a servicemember or spouse must provide a written request to the lender, together with a copy of the servicemember’s military orders. [Note: Lender should place its name, address, and contact information here.] x There is no requirement under the SCRA, however, for a servicemember to provide a written notice or a copy of a servicemember’s military orders to the lender in connection with a foreclosure or other debt enforcement action against real estate. Under these circumstances, lenders should inquire about the military status of a person by searching the Department of Defense’s Defense Manpower Data Center’s website, contacting the servicemember, and examining their files for indicia of military service. Although there is no requirement for servicemembers to alert the lender of their military status in these situations, it still is a good idea for the servicemember to do so. How Does a Servicemember or Dependent Obtain Information About the SCRA? x Servicemembers and dependents with questions about the SCRA should contact their unit’s Judge Advocate, or their installation’s Legal Assistance Officer. A military legal assistance office locator for all branches of the Armed Forces is available at http://legalassistance.law.af.mil/content/locator.php x “Military OneSource” is the U. S. Department of Defense’s information resource. If you are listed as entitled to legal protections under the SCRA (see above), please go to www.militaryonesource.mil/legal or call 1-800- 342-9647 (toll free from the United States) to find out more information. Dialing instructions for areas outside the United States are provided on the website. form HUD-92070 (6/2017) FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021 ADDITIONAL NOTICES Rushmore Loan Management Services LLC is a Debt Collector, who is attempting to collect a debt. Any information obtained will be used for that purpose. However, if you are in Bankruptcy or received a Bankruptcy Discharge of this debt, this letter is being sent for informational purposes only, is not an attempt to collect a debt and does not constitute a notice of personal liability with respect to the debt. If you have any other mortgage loans secured by the same property not serviced by Rushmore, please c ontact your other servicer directly to discuss any possible loss mitigation options that may be available to you. If you are a confirmed Successor-in-Interest who has not assumed the mortgage loan obligation under State Law, this letter is being sent for information purposes only and does not constitute personal liability with respect to the debt. LEGAL NOTIFICATION: Rushmore Loan Management Services LLC may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. Notice of Error Resolution & Information Request Procedures The following outlines the Error Resolution and Information Request Procedures for your mortgage account at Rushmore Loan Management Services LLC (RLMS). Please keep this document for your records. If you think an error has occurred on your mortgage account or if you need specific information about the servicing of your loan, please write us at: Rushmore Loan Management Services LLC P.O. Box 52262 Irvine, California 92619-2262 All written requests for information or notices of error should contain the following information: 1. Your name 2. Account number 3. Property Address 4. Description of the error and explanation as to why you believe it is an error or a request for specific information regarding the servicing of your loan 5. Current contact information so we may follow up with you All written requests for specific informationwill be handled within 30 days of receipt. We will determine whether an error occurred within 30 days after receiving your notice of error and will correct any error promptly (Notices of error on payoff statements will be handled within 7 days). If additional time is needed to investigate your complaint or request, we may take up to 45 days but we will notify you of the extension within the original 30 days. If we decide that there was no error, we willsend you a written explanation. You may ask for copies of the documents that we used in our investigation. HUD STATEMENT Pursuant to section 169 of the Housing and Community Development Act of 1987, you may have the opportunity to receive counseling from various local agencies regarding the retention of your home. You may obtain a list of the HUD approved housin g counseling agencies by calling the HUD nationwide toll free telephone at 1-800-569-4287. Equal Credit Opportunity Act Disclosure NOTICE: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the bas is of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a bin ding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Bureau of Consumer Financial Protection, 1700 G Street NW, Washington, DC 20552. Rev 2/19 FILED: DELAWARE COUNTY CLERK 09/20/2021 11:34 AM INDEX NO. EF2019-1036 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 09/20/2021 STATE SPECIFIC NOTICES The following notice applies to Arkansas residents only: Please note that Rushmore Loan Management Services LLC is licensed in Arkansas and that complaints about Rushmore Loan Management Services LLC may be submitted to the Arkansas Securities Department via the Department's website (http://www.securities.arkansas.gov/) or toll-free1-800-981-4429. The following notice applies to California residents only: The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8:00 a.m. or after 9:00 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading sta tements or call you at work if they know or have reason to know that you may not receive personal calls at w