Consumer complaint received 2026-04-11 00:00:00
Product: Mortgage — FHA mortgage
Issue: Closing on a mortgage — Closing disclosure or other related disclosures
Company: SOUTHPOINT FINANCIAL SERVICES, INC.
State: WI

Complaint narrative:
Due to numerous failed attempts to resolve my genuine and calid concerns amicably via formal requests via the XXXX and CFPB # COMPLAINT ID XXXX, I recently sent the attached DEMAND LETTER to Southpoint Financial on XX/XX/XXXX via certified mail # XXXX : VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED To : Southpoint Financial Services , Inc . Attn : Mortgage Servicing / Compliance Department Address : XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, XXXX XXXXXXXX Date : XX/XX/XXXX RE : QUALIFIED WRITTEN REQUEST / NOTICE OF ERROR / REQUEST FOR INFORMATION Loan Number : unknown Warranty Deed : XXXX Deed of Trust : XXXX Mortgage Assignment : XXXX Property Address : XXXX XXXX XXXX, XXXX XXXXXXXX Police Report No : XXXX To the Mortgage Servicer : This is a Qualified Written Request ( QWR ) submitted under the Real Estate Settlement Procedures Act ( RESPA ), 12 U.S.C. 2605 ( e ) and its implementing regulations, 12 C.F.R. 1024.35 ( Notice of Error ) and 1024.36 ( Request for Information ). I. NOTICE OF ERROR I am formally notifying you of material errors related to the origination and servicing of this loan account, specifically concerning the XXXX Warranty Deed ( XXXX XXXX Instrument # XXXX. I assert the following errors : Material Discrepancy in Consideration : The Oath of Consideration signed on XX/XX/XXXX ( {$240000.00} ) does not match the Deed of Trust ( {$240000.00} ). Our required DP of {$24.00}, XXXX and a gift of {$900.00} is not reflected on the HUD-1 Statement attached. The HUD-1 does not reflect the true and accurate amount to be financed. Unauthorized Signature/Conflict of Interest : The Oath was executed by XXXX XXXX XXXX An employee of XXXX XXXX XXXX XXXX and representative for the Sellers Closing Agent ) without our knowledge, permission or a Power of Attorney ( POA ). Physical Fraud/Alteration : Select Title has confirmed the recorded deed contains and addition of XXXX middle initial XXXX XXXX XXXX XXXX and this document contains " Frankensteined '' elements ( shadowing, old staple marks, different fonts, different font sizes and post-execution typewriter ink ) that do not match the loan documents we executed. A copy of this materially altered document is currently on file with the XXXX XXXX XXXX of Deeds, without legal reference to the changes made. The notary, XXXX XXXX notarized this document a day prior to our closing date and used his first initial only in his signature. The XXXX Deed and Deed of Trust do not align with Grantors, husband and wife and Borrowers. This puts a cloud on the title. I am alleging my name as his spouse was intentionally removed during the material alteration and the Warranty Deed on file does not show the true intent of the ownership transaction. II. VIOLATIONS AND SUPPORTING STATUTES Oath of Consideration Discrepancies : Under Tenn. Code Ann . 67-4-409, the grantee or their agent must state the actual consideration or property value under oath. A mismatch between the {$240000.00} stated on the Oath and the {$240000.00} on the Deed of Trust may constitute tax fraud or perjury if done knowingly to misrepresent value. Unauthorized Execution : The signing of the Oath of Consideration by an attorney without a Power of Attorney ( POA ) or grantee knowledge may be challenged, as the statute requires the grantee, their agent, or a trustee to make the statement under oath. Material Alteration and " Frankensteining '' : Tennessee law defines forgery as altering or completing a writing so it purports to be the act of another who did not authorize it. Physical alterations like " typewriter ink added post-execution '' or mismatched fonts ( " Frankensteined '' elements ) are significant evidence of material alteration, which can render a deed void if it changes the legal effect of the instrument without consent. Notary Irregularities : While an improperly licensed notary might not automatically invalidate a deed if the signature 's authenticity is otherwise verified, the omission of a full name or lack of a XXXX commission for XXXX XXXX can be used as evidence in a broader fraud claim. In XXXX, a notary 's term is four years, and acting after expiration is a Class C misdemeanor. Conflict of interest : This creates a massive conflict of interest and a " closed-loop '' environment for fraud. If XXXX XXXX was an Employee of XXXX XXXX XXXX, as signed as an unauthorized Affiant ( the person signing the Oath ), she effectively removed all impartial oversight from the transaction. In XXXX, an attorney signing a wrong amount on a sworn tax document ( the Oath of Consideration ) while acting as their own " checks and balances '' is a major red flag for Professional Misconduct and Tax Fraud, as indicated in the disparities shown in our HUD-1 Statement recently received from XXXX XXXX Title. II. REQUEST FOR INFORMATION Pursuant to 12 C.F.R. 1024.36, please provide the following : A copy of the unaltered, original Warranty Deed held in the lenders permanent closing file. The Closing Instructions sent to XXXX XXXXXXXX XXXX XXXX for this transaction. Any Power of Attorney or written authorization allowing XXXX XXXX XXXX to act as Affiant. The Quality Control Audit Trail for this loan, specifically regarding the signature verification of notary XXXX XXXX. III. STATUTORY OBLIGATIONS Under federal law, you are required to acknowledge receipt of this request within 5 business days. You must provide a substantive response within 30 business days. Furthermore, despite numerous attempts to contact your establishment, to-date, you have failed to respond to the XXXX and the Consumer Financial Protection Bureau ( CFPB ), as indicated by the email information below. As you can see, your immediate response is imperative, and any further avoidance to respond provides the basis for potential civil litigation for statutory damages, costs, and attorney fees. Sincerely, XXXX XXXX XXXX CC : XXXX XXXX Select Title and Escrow, LLC ATTACHMENTS : Legal Issues Summary and Loan History ( ATTACHMENT 1 ) Warranty Deed XXXX : # XXXX Deed of Trust XXXX : # XXXX XXXX Mortgage Assignment XXXX : Southpoint to XXXX XXXX Original - unrecorded Mortgage Assignment XXXX : # XXXX - Southpoint to XXXX XXXX - inaccurate and robo-signed Modification XXXX : # XXXX Subordinate Loan : # XXXX Evidence of fraudulent persons and signatures XXXX XXXX background and signature verification XXXX XXXX XXXX background and signature verification * Original Mortgage Assignment XXXX missing : Southpoint Financial to XXXX XXXX ATTACHMENT 1 - SUMMARY Legal Issues Summary and Loan History : Deed Forgery, Material Alteration, Tax Fraud, and Civil Rights Violations. XXXX Original Transaction - ( WARRANTY DEED ) : Closing Date : XX/XX/XXXX. Irregularity : Employee for XXXX XXXX and/or XXXX XXXX XXXX a representative for the Seller, XXXX XXXX XXXX signed the Oath of Consideration on XX/XX/XXXX ( one day early ) without Grantee knowledge or a Power of Attorney ( POA ). Irregularity : Employee for XXXX XXXX and/or XXXX XXXX XXXX a representative for the Seller, XXXX XXXX XXXX signed the Oath of Consideration on XX/XX/XXXX ( one day early ) for the amount of {$240000.00}. The Deed of Trust was signed by XXXX XXXX XXXX and XXXX XXXX XXXX for the amount of {$240.00}, XXXX during closing on XX/XX/XXXX. Subsequent loan documents and the amount listed on the HUD-1 Statement recently received from XXXX XXXX XXXX reflect an inconsistent amount with the latter amount of {$240.00}, XXXX versus {$230000.00}. Physical Fraud : The Deed contains " Frankensteined '' elements : different fonts, larger text, shadowing, old staple marks and what appears to be typewriter ink added post-execution. Notary Issues : XXXX XXXX signed ( twice ) with a first initial only ; unable to locate of record of his authority to notarize XXXX documents Missing : Original Mortgage Assignment XXXX ( Southpoint to XXXX XXXX ) XXXX Subsequent Transaction - ( MORTGAGE ASSIGNMENT - XXXX ) Irregularity : Dated XX/XX/XXXX MERS # : XXXX deleted in MERS System the following day ( XX/XX/XXXX ) by XXXX XXXX employee MERS listed as nominee for Southpoint Original loan amount listed {$240.00}, XXXX refers to Original Deed of Trust, XXXX Lists Grantors as XXXX XXXX XXXX and XXXX XXXX XXXX, husband and wife Robo-signed document Fictitious employees listed, shown to have multiple positions and multiple different signatures ( XXXX XXXX. XXXX, XXXX XXXX XXXX, XXXX XXXX ) Fictitious notarization robo-signed ( XXXX XXXX XXXX XXXX Mortgage Assignment is invalid and was created as a prelude to support subsequent fraudulent Modification and Subordinate Loan ATTACHMENT 2 - EVIDENCE OF FRAUDULENT PERSONS AND SIGNATURES ( pdf documents attached ) ATTACHMENT 3 - BACKGROUND AND SIGNATURE OF XXXX XXXX XXXX pdf documents attached ) ATTACHMENT 4 - BACKGROUND AND SIGNATURE OF XXXX XXXX XXXX XXXX pdf documents attached )

Company response to consumer: Untimely response