Consumer complaint received 2022-10-20
Company: ACOPIA CAPITAL GROUP
State: TN
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
On XX/XX/XXXX - My daughter and I looked at a home built by XXXX XXXX in XXXX TN. XX/XX/2022 I looked at the house again XXXX XXXX stated they had to write up their contract and would not let my daughter or me as we are XXXX. XXXX XXXX XXXX also said it was mandatory to use their lender and that it was their preferred lender. I told him I use my banks, he stated it was NOT allowed. Being a XXXX, I always give three names to banks. I did reach out to their bank " XXXX XXXX XXXX '' I explained my income, bank statements, XXXX 'S, rentals, XXXX  jobs, cleaning jobs that I do part-time, I told them I did not want my credit run till they could tell me yes or no if they could finance me, I submitted everything in writing on XX/XX/2022 regarding all finances, bank statements, lease agreements, my loans, my home that I recently purchased with it being done and it was under an extensive restoration job. I also explained that my bank account held that money for that job. That they could see the money, but do not account for that on closing. That I had {$45000.00} to put down and that was it. I had contractors to pay. They said I was approved for a XXXX percent loan. That I only needed XXXX percent down. I told them, I had {$45000.00} down I needed the payment to be at or under {$2000.00} because this home was my daughter 's primary residence since she had a divorce and needed my help. The next thing THEY SAID was ABSOLUTLEY, Then they ran my credit, and said it was good, and the next thing I get the disclosure stating it was {$24000.00} in closing cost with an XXXX interest. I argued with them. They changed it to a XXXX interest rate and said that was the best they can do. My bank i called and asked about their rates, I told the listing realtor I was using my bank, but he stated NO, I had to use their preferred lender. Not even XXXX minuets later, XXXX called asking '' why am I calling my bank? ' I said, " I am going to use my bank '' He stated I am not allowed to use my lender ''. I do not see why any lender or home builder would be ble to justify this. As a buyer, I have all rights to use who would fit for me and my best interest. After this argument with their lender they went back and gave me a XXXX interest but never saw it on disclosures. The closing cost & appraisal cost of {$1600.00} was ridiclous. The disclosures I did not agree with their terms, so they are they will not approve my loan nor will they deny me. Accurate mortage lied, they never had a XXXX interest rate, XXXX XXXX stated they will withdraw my contract, I stated they do not have my permission to withdraw it, that they are to approve it with agreeable terms that their lenders XXXX and XXXX stated. The next problem was the amount i had to bring to the table was {$77000.00} - I told them i did not have that kind of money for down payment. XXXX called my daughter stating I have that money in my account. We did a third way call, I was angry- he had no business telling mydaughter what I had in my accounts without my permission. Then I reminded him of my contractor having to pay, I can not use all the funds that are in my account. Then he proceeded with XXXX percent down plus closing cost. I can not do this i told him. Unless we use to the commission from my side. Next thing i know, hes having me waive my commission, instead of taking it from closing down payment. Waiving commission yet its nowhere on disclosure. I asked listing agent why would i waive my commission and price doesnt go down, or they don't use it for anything? it didnt make since. Agent stated he didnt kknow why they took off commision. If it was going toward down payment, I would had. One of the problems, XXXX XXXX  wanted me to lie on primary residence, I woudnt. They wanted me to sign papers stating I will be living there. They asked me to text them this as well. I wouldnt. Everytime I sent them a letter stating it ws my daughters primary, they would resend me aletter in their words. I wouldnt sign it. They lost bank statements, I had to resend, then again toward the end they wanted more statements that was already submitted. I explained to them they had them. I paid the contractor, they were angry over that, They demanded for me to go get the contractor money back and put back in my account. I told them no way, I could go get the payment back from the contractor. I owed him and he was kind enough to wait an extra month. The realtor called and said I need to go get the money back till after closing. This is absolutley absurd! Why would I do this? I am asking for a denial letter to get my XXXX  back, this is not right. The XXXX XXXX will not give backdue to no denial letter.

Company public response: Company believes the complaint is the result of a misunderstanding
Company response to consumer: Closed with explanation