Terms & Conditions

1. Acceptance of Terms

By accessing and using the services of South Point Lending ("Company", "we", "our", or "us"), you accept and agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms apply to all visitors, users, borrowers, and others who access or use our services, including but not limited to our website, loan products, and related services.

2. Services Description

South Point Lending provides private lending services specializing in real estate-backed financing, including but not limited to:

• Bridge loans for real estate transactions
• Construction and rehabilitation financing
• Commercial real estate loans
• Fix-and-flip financing
• Cash-out refinancing
• Other real estate-secured lending products

All loans are subject to underwriting approval, and terms may vary based on individual circumstances, creditworthiness, and property characteristics.

3. Eligibility

To be eligible for our services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Provide accurate, current, and complete information
• Meet our underwriting criteria for the specific loan product
• Comply with all applicable federal, state, and local laws

We reserve the right to refuse service to anyone at any time for any lawful reason.

4. Loan Application Process

4.1 Application Submission

When you submit a loan application, you represent and warrant that all information provided is true, accurate, and complete. Providing false or misleading information may result in denial of your application and potential legal consequences.

4.2 Underwriting and Approval

All loan applications are subject to our underwriting process, which may include:

• Credit history evaluation
• Property appraisal and inspection
• Income and asset verification
• Title search and insurance requirements
• Environmental assessments when applicable

4.3 No Guarantee of Approval

Submission of a loan application does not guarantee approval. We reserve the right to approve or deny any application based on our underwriting criteria and risk assessment.

5. Fees and Charges

Our loan products may include various fees and charges, which will be disclosed in your loan documents:

• Origination fees
• Processing fees
• Underwriting fees
• Third-party fees (appraisal, title, legal, etc.)
• Prepayment penalties (if applicable)
• Late payment fees
• Default interest rates

All fees will be clearly disclosed before you commit to any loan agreement.

6. Repayment Terms

Borrowers agree to repay loans according to the terms specified in their loan agreements, including:

• Principal amount
• Interest rate and calculation method
• Payment schedule and due dates
• Maturity date
• Any balloon payment requirements

Failure to make timely payments may result in late fees, default interest rates, and potential foreclosure proceedings.

7. Security Interest

All loans provided by South Point Lending are secured by real estate. By accepting a loan, you grant us a security interest in the property as described in the loan documents, which may include:

• First or second position deed of trust or mortgage
• Assignment of rents and leases
• UCC filings on personal property (if applicable)
• Personal guarantees (if required)

8. Default and Remedies

Events of default include, but are not limited to:

• Failure to make payments when due
• Breach of any loan covenant or agreement
• Providing false or misleading information
• Bankruptcy or insolvency proceedings
• Transfer of property without consent
• Failure to maintain required insurance
• Waste or damage to the collateral property

In the event of default, we may exercise all remedies available under the loan documents and applicable law, including foreclosure on the secured property.

9. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of South Point Lending or its licensors and is protected by intellectual property laws. You may not:

• Copy, modify, or distribute our content without permission
• Use our trademarks or logos without authorization
• Reverse engineer or attempt to extract source code
• Create derivative works based on our content

10. Privacy and Data Protection

Your use of our services is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our services, you consent to our data practices as described in the Privacy Policy.

11. Disclaimers

11.1 No Financial Advice

Information provided on our website is for general informational purposes only and does not constitute financial, investment, legal, or tax advice. You should consult with appropriate professionals before making any financial decisions.

11.2 No Warranties

Our services are provided "as is" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

11.3 Third-Party Services

We may use third-party service providers for various aspects of our lending process. We are not responsible for the actions or failures of these third parties.

12. Limitation of Liability

To the maximum extent permitted by law, South Point Lending and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising from:

• Your use or inability to use our services
• Any errors or omissions in content
• Unauthorized access to your information
• Any third-party actions or services

Our total liability for any claim shall not exceed the amount of fees paid by you to us in the twelve months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless South Point Lending and its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including attorney's fees) arising from:

• Your breach of these Terms
• Your violation of any law or third-party rights
• Your use or misuse of our services
• Any false or misleading information you provide

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Florida, without regard to conflicts of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.

15. Arbitration

Any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Miami, Florida, and judgment on the award may be entered in any court having jurisdiction.

You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified through our website or by email. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any loan documents you execute, constitute the entire agreement between you and South Point Lending regarding the use of our services.

19. Contact Information

For questions about these Terms and Conditions, please contact us at:

South Point Lending

Email: hello@southpointlending.com

Phone: (305) 780-5212

Address: 20801 Biscayne Blvd, Suite 506, Aventura, FL 33180