Consumer complaint received 2025-03-08 00:00:00
Product: Mortgage — Home equity loan or line of credit (HELOC)
Issue: Applying for a mortgage or refinancing an existing mortgage — Confusing or misleading advertising or marketing
Company: Temple View Capital Funding, LP
State: TX

Complaint narrative:
I am submitting this complaint regarding predatory lending and deceptive business practices by XXXX, TVC Funding, and their newly rebranded entity, XXXX. These companies have engaged in misrepresentation, fraudulent real estate transactions, and violations of multiple Texas statutes by disguising loans as sale-leaseback transactions to circumvent Texas lending and foreclosure protections. 
Background of the Transaction I entered into what was presented as a home equity financing arrangement with XXXXTVC Funding, believing that I was receiving a secured loan. However, the transaction was fraudulently structured as a sale, despite clear indicators that the company intended it as a financing arrangement : The Warranty Deed falsely stated that I was an unmarried man, and contained an incorrect middle initial, which raises concerns about fraudulent documentation. 
The deed transferred ownership for only {$10.00}, an amount that is wholly inconsistent with a true fair-market sale. 
A Promissory Note for {$220000.00} was executed in favor of TVC Funding, secured by a Vendors Lien and Deed of Trust, meaning the transaction functioned as a mortgage. 
The agreement obligated me to continue making payments, further demonstrating that this was a disguised loan rather than a legitimate sale. 
Violations of Texas Law 1. Violations of Texas Property Code 5.076 Texas law prohibits predatory real estate transactions that impose unfair obligations on home sellers. XXXX structured this transaction to strip me of my homeownership rights while forcing continued financial obligations, violating Texas Property Code 5.076. 
2. Violations of Texas Finance Code 343.105 ( Disguised Loan as a Sale ) Under Texas Finance Code 343.105, home equity loans must meet strict regulatory requirements, including clear disclosure of loan terms and borrower protections. 
By misrepresenting a home loan as a sale, XXXX and TVC Funding circumvented Texas lending laws, violating these statutory protections. 
3. Violations of Texas Finance Code 156.201 ( Unauthorized Mortgage Lending ) Texas law requires entities originating or servicing mortgage loans to be licensed mortgage lenders. 
XXXX and TVC Funding acted as unlicensed mortgage lenders while avoiding compliance with mortgage regulations, violating Texas Finance Code 156.201. 
4. Fraudulent Misrepresentation ( Texas Penal Code 32.32 ) Texas law criminalizes fraudulent financial statements used to induce a party into an agreement. 
XXXX falsely represented this transaction as a sale while simultaneously securing it with a vendors lien and promissory note, misleading me about the nature of the agreement. 
The companys deceptive practices constitute fraud under Texas Penal Code 32.32. 
5. Violations of the Texas Deceptive Trade Practices Act ( DTPA ) Chapter 17, Business & Commerce Code XXXX engaged in false, misleading, and deceptive trade practices by : Misrepresenting a sale-leaseback as a financing solution. 
Failing to disclose that I would lose my homestead rights under Texas law. 
Omitting critical details about how XXXX and TVC Funding could foreclose or evict me without following legal foreclosure procedures. 
Under the Texas DTPA, I am entitled to relief, including rescission of the transaction and damages. 
XXXX Abrupt Shutdown & Rebranding as XXXX  Further compounding the deception, XXXX abruptly shut down and rebranded as XXXX  after securing new rounds of funding. This rebranding appears to be an attempt to evade liability for deceptive lending practices and avoid regulatory scrutiny. 
This pattern of shutting down and rebranding mirrors tactics used by predatory lenders to escape accountability while continuing harmful business practices under a new name. I urge your office to investigate whether this entity is attempting to skirt Texas consumer protection laws. 
Case Law Supporting My Claims Texas courts have repeatedly ruled against disguised mortgage transactions and predatory sale-leaseback schemes. 
XXXX. XXXXXXXX XXXX XXXXXXXX, XXXX XXXX XXXX ( XXXX. XXXX ) The Texas Supreme Court ruled that a transaction structured as a sale but functioning as a loan may be recharacterized as an equitable mortgage, making foreclosure laws applicable. 
XXXX. XXXX v. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX. XXXX ) Courts have ruled that Texas lending laws can not be circumvented through deceptive contract structures. 
XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX. XXXX ) Texas courts hold that contracts structured to evade lending regulations may be voided. 
XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX. XXXX. XXXX XXXX XXXX, writ refd n.r.e. ) Courts have found that errors in property conveyances, such as incorrect names or misleading documents, can render transactions void. 
Requested Actions Given the clear fraudulent misrepresentation, violations of lending laws, and deceptive trade practices, I request that your office : 1. Investigate XXXX, TVC Funding, and XXXX for fraudulent real estate transactions, consumer fraud, and violations of Texas law. 
2. Recharacterize this transaction as an equitable mortgage, recognizing my continued homeownership rights.

3. Impose penalties and enforcement actions against these entities to prevent further consumer harm.

4. Pursue civil or criminal actions where applicable under Texas consumer protection and fraud statutes.

5. Provide guidance on legal remedies available to me as a consumer who was misled into an unlawful transaction. 
Conclusion XXXX, TVC Funding, and their successor entity, XXXX, have engaged in predatory lending tactics disguised as real estate transactions in clear violation of Texas laws. I respectfully urge your office to take immediate action to protect Texas homeowners from these deceptive practices.

Company response to consumer: Closed with explanation