Consumer complaint received 2024-12-29 00:00:00
Product: Mortgage — FHA mortgage
Issue: Closing on a mortgage — Closing disclosure or other related disclosures
Company: CADENCE BANK
State: AL

Complaint narrative:
Subject : Formal Demand for Validation of Mortgage and Request for Documentation** To Whom It May Concern, I am writing to formally challenge the validity of my mortgage loan with Cadence and demand a comprehensive validation of the terms, documentation, and actions surrounding its origination and administration. This request is made in accordance with applicable laws under the Uniform Commercial Code ( UCC ), Truth in Lending Act ( TILA ), Real Estate Settlement Procedures Act ( RESPA ), and related fiduciary principles.

Legal Basis for My Request : Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) : TILA requires clear, accurate, and full disclosure of all terms associated with a loan. I demand validation that all disclosures were made in compliance with this federal law, including the calculation of interest, fees, and the true cost of the loan.

Good Faith Obligation ( UCC 1-304 ) : Under the Uniform Commercial Code, all parties are required to act in good faith. I request evidence that [ Bank Name ] acted in good faith during the origination, securitization, and servicing of this mortgage. 

Chain of Title and Ownership of the Note : As established in XXXX XXXX XXXX ( XXXX XXXX XXXX ), the deed must follow the note. I demand a complete chain of title for the promissory note and proof that [ Bank Name ] or its agents have maintained alignment between the note and the deed of trust.

Fraud and Misrepresentation : If the promissory note was monetized, securitized, or otherwise transferred without full disclosure, this constitutes a material misrepresentation. Under equitable doctrines, fraud invalidates any claim arising from it.

Fiduciary Responsibility ( RESPA 12 U.S.C. 2601 et seq. ) : RESPA requires servicers to manage escrow accounts and loan administration with transparency and in the borrowers best interests. I request proof that [ Bank Name ] has upheld its fiduciary duties throughout the life of the loan.

Immediate Actions Requested : Provide Validation of the Mortgage : A certified copy of the original promissory note, including endorsements, assignments, or securitization records.

A detailed accounting of how the loan was funded, including whether the promissory note was monetized or sold.

Demonstrate Good Faith : Evidence that all actions taken by [ Bank Name ] complied with UCC 1-304s good faith requirement. This includes proof of proper handling of the deed, note, and lien.

Disclosure of Fees and Costs : An itemized breakdown of all fees, interest, and charges applied to the loan to ensure compliance with TILA and RESPA.

Reconciliation of Debt : A statement reconciling the current balance of the loan, including any offsets for payments already made or value derived from the notes monetization or securitization.

Notice of Potential Violations : Failure to provide this information will be considered evidence of a violation of federal and state laws, including TILA, RESPA, and UCC provisions. I reserve the right to pursue the following remedies if this matter is not resolved promptly : Filing a complaint with the Consumer Financial Protection Bureau ( CFPB ).

Initiating a quiet title action to challenge the validity of the lien on the property. 

Seeking damages for fraud, misrepresentation, and breach of fiduciary duty.

Company response to consumer: Closed with non-monetary relief