Final Order — Mortgage Lender

Index: OFR 2026 - 200
STATE OF FLORIDA
OFFICE OF FINANCIAL REGULATION
In Re:
SOUTHPOINT FINANCIAL SERVICES, INC., and
MELINDA ROTHENBERGER,
Case Number: 132920
Respondents.
FINAL ORDER
The State of Florida, Office of Financial Regulation ("Office"), being authorized and directed to administer and enforce chapter 494, Florida Statutes, hereby enters this Final Order with Notice of Rights ("Final Order") as authorized by the provisions of chapters 120 and 494, Florida Statutes, against SOUTHPOINT FINANCIAL SERVICES, INC., and MELINDA ROTHENBERGER ("Respondents"). FINDINGS OFF ACT
1. The Office has jurisdiction over the subject matter of this case and the parties
hereto.
2. At all times material to this case, Respondents were licensed in Florida as a
mortgage lender with license number MLD210, which expired on December 31, 2025.
3. The Office conducted an examination (No. 131868) to ascertain Respondents'
compliance with chapter 494, Florida Statutes, and found that grounds existed to initiate legal action. As a result, on January 29, 2026, the Office issued an Administrative Complaint ("Complaint") seeking a fine of $7,500.00 and license revocation. Notably, revocation of the license has been rendered moot by the expiration of the license. (Exhibit A)
4. Respondents were served the Complaint via U.S. Certified Mail on February 2,
2026. (Exhibit B). Accordingly, a response was due no later than February 23, 2026.

5. The Complaint contained a Notice of Rights, which fully advised Respondents that
they had twenty-one (21) days after the receipt of the Complaint within which to petition the Office for an administrative hearing to contest the allegation set forth in the Complaint, in accordance with sections 120.59 and 120.57, Florida Statutes, including the following information:
TO PRESERVE THE RIGHT TO A HEARING, A WRITTEN
RESPONSE MUST BE FILED WITH THE OFFICE OF
FINANCIAL REGULATION WITHIN TWENTY-ONE (21)
DAYS AFTER THE RECEIPT OF THE ADMINISTRATIVE
COMPLAINT. SAID RESPONSE MUST BE RECEIVED BY
THE OFFICE NO LATER THAN 5:00 P.M. ON THE TWENTY￾FIRST DAY AFTER RECEIPT OF THE ADMINISTRATIVE COMPLAINT. A FAILURE TO TIMELY RESPOND IN WRITING WILL CONSTITUTE A WAIVER OF THE LICENSEE'S RIGHT TO REQUEST A HEARING AND A FINAL ORDER MAY BE ENTERED WITHOUT FURTHER NOTICE.
6. To date, the Office has neither received a written response to the Complaint nor
have Respondents made a claim of equitable tolling.
7. The Findings of Fact alleged in the Complaint are hereby incorporated by reference
and adopted as Findings of Fact in this Final Order.
CONCLUSIONS OF LAW
8. Pursuant to sections 494.0011 and 494.0012, Florida Statutes, the Office is charged
with administering and enforcing the provisions of chapter 494, Florida Statutes, and conducting examinations and investigations to determine whether any provision of chapter 494, Florida Statutes, has been violated. Thereby, the Office has jurisdiction over the subject matter of this case and of the parties hereto.
9. The Findings of Fact herein serve as the basis of the entry of this Final Order against
Respondents.
2

10. Section 120.569(2)(a), Florida Statutes, and Rule 28-106.111(2), Florida
Administrative Code, require, among other things, that a response or a petition to an action which affects the substantial interests of a party be filed with the agency within 21 days of receipt of written notice of the action.
11. Pursuant to Rule 28-106.111(4), Florida Administrative Code, the failure of
Respondents to timely respond to the Complaint constitutes a waiver of Respondents' right to an administrative proceeding.
12. The doctrine of equitable tolling can be applied in administrative cases when a party
has been misled or lulled into inaction, i.e., has in some extraordinary way, been prevented from asserting his rights, or has timely asserted his rights in the wrong forum. Machules, v. Department of Admin., 523 So. 2d 1132 (Florida 1988). I 3. Without any evidence of equitable tolling, it is appropriate for the Office to conclude there was none. Patz v. Dept. of Health, 864 So.2d 79, 80 (Fla. 3d DCA 2003).
14. Respondents failed to submit a response to the Complaint and failed to present
a claim, or evidence of equitable tolling. Therefore, it is appropriate for the Office to conclude there was no equitable tolling and Respondents waived the right to an administrative proceeding.
15. The Findings of Fact and Conclusions of Law that form the basis for the Complaint,
together with the waiver of a hearing by Respondents, constitute grounds for the Office to impose an administrative fine against Respondents. Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby ORDERED:
A. Within thirty (30) days of the date of this Final Order, Respondents shall pay an ADMINISTRATIVE FINE of Seven Thousand Five Hundred Dollars ($7,500.00). B. Respondents shall submit the administrative fine in the form of a money order, cashier's check, or wire transfer made payable to the "OFFICE OF FINANCIAL 3

REGULATION." Such payment shall reference Case Number 132920 and shall be sent to the attention of the Agency Clerk, c/o Damaris E. Reynolds, Post Office Box 8050, Tallahassee, Florida 32314-8050. DONE and ORDERED this {Y.µ, day of April, 2026, in Tallahassee, Leon County, Florida. Commissioner 4

NOTICE OF RIGHTS
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO WDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK FOR THE OFFICE OF FINANCIAL REGULATION AS FOLLOWS:
By Mail, Facsimile or Email
Agency Clerk
Office of Financial Regulation
Office of General Counsel
P .0. Box 8050
Tallahassee, FL 32314-8050
Phone: (850) 410-9889
Fax: (850) 410-9663
Email: Agencv.Clerkra ,flofr. gov
OR Bv Hand Delivery
Agency Clerk
Office of Financial Regulation
Office of General Counsel
The Fletcher Building
101 East Gaines Street
Tallahassee, FL 32399
Phone: (850) 410-9889
A COPY OF THE NOTICE OF APPEAL, ACCOMPANIED BY THE FILING FEES AS REQUIRED BY LAW, MUST ALSO BE FILED WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, 2000 DRAYTON DRIVE, TALLAHASSEE, FLORIDA 32399-0950, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITH BOTH THE AGENCY CLERK FOR THE OFFICE OF FINANCIAL REGULATION AND THE DISTRICT COURT OF APPEAL WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. 5

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been sent for service via U.S. Certified Mail to Southpoint Financial Services, Inc., and Melinda Rothenberger c/o Registered Agent NRAI SERVICES, INC., 1200 South Pine Island Road Plantation, FL 33324 and Melinda Rothenberger, 5955 Shiloh Road, Suite 205, Alpharetta, GA 30005 on this ~ ay of April, 2026. 9489 □□ 90 27 6620 8136 82 9489 0090 0027 6620 8138 59 6 0 a a assee, 32314-8050 Email: Agency.Clerk@flofr.gov Tel: (850) 410-9889

Exhibit A
STATE OF FLORIDA
OFFICE OF FINANCIAL REGULATION
In Re:
SOUTHPOINT FINANCIAL SERVICES, INC.,
AND MELINDA ROTHENBERGER,
Case Number: 132920
Respondents.
ADMINISTRATIVE COMPLAINT
The State of Florida, Office of Financial Regulation, ("Office") files this Administrative Complaint against SOUTHPOINT FINANCIAL SERVICES, INC., and MELINDA ROTHENBERGER (together "Respondents"), alleging:
GENERAL ALLEGATIONS

1. Pursuant to sections 494.0011 and 494.0012, Florida Statutes, the Office is
   charged with administering and enforcing the provisions of chapter 494, Florida Statutes, and conducting examinations and investigations to determine whether any provision of chapter 494, Florida Statutes, has been violated.

2. Section 494.00255(1 ), Florida Statutes, sets forth the acts that constitute grounds
   for which disciplinary action may be taken against a person licensed or required to be licensed under chapter 494, Florida Statutes.

3. Pursuant to section 494.00255(l)(u), Florida Statutes, failure to comply with any
   provision of chapter 494, Florida Statutes, or its corresponding rules, constitutes grounds for disciplinary action.

4. Pursuant to section 494.00255(2), Florida Statutes, the Office may impose
   penalties against a person it finds to be in violation of any act specified in section 494.00255, Florida Statutes; such penalties may include the revocation of a license and the imposition of a fine in an amount up to $25,000.00 for each count or separate offense.

5. Section 494.001(24), Florida Statutes, defines a "mortgage lender" as person
   making a mortgage loan or servicing a mortgage loan for others, or, for compensation or gain, directly or indirectly, selling or offering to sell a mortgage loan to a noninstitutional investor.

6. The Nationwide Multistate Licensing System and/or Registry ('"NMLS") is the
   mortgage licensing system and data repository of record which is statutorily mandated to be used by the Office to manage the licensing of all mortgage loan originators and mortgage entities in Florida. See section 494.001(33), Florida Statutes.

7. Pursuant to section 494.001(11), Florida Statutes, a "Financial audit report"
   ("FAR") means a report prepared in connection with a financial audit that is conducted in accordance with generally accepted auditing standards prescribed by the American Institute of Certified Public Accountants by a certified public accountant who is licensed to do business in the United States.

8. At all times material, SOUTHPOINT FINANCIAL SERVICES INC is and has
   been licensed with the Office as a mortgage broker (License No. MLD2 I 0) since April 18, 2011.

9. At all material times, MELINDA ROTHENBERGER is and has been the
   President and CEO of SOUTHPOINT FINANCIAL SERVICES INC. As such, she is responsible for the daily operations of SOUTHPOINT FINANCIAL SERVICES INC. pursuant to section
   494.001 (30), Florida Statutes.
   2

10. The Office's most recent examination (Examination No. 131868), to ascertain
    Respondents' compliance with Florida's statutes and corresponding rules, focused specifically on Respondents' responsibility to file their FAR in a timely manner and in accordance with all related provisions of Chapter 494, Florida.

11. Rule 69V-40.111(1), Florida Administrative Code, provides that the penalties,
    which are applicable to each ground for disciplinary action that may be imposed by the Office against a person for a violation of chapter 494, Florida Statutes, are set forth in the "Office of Financial Regulation, Division of Consumer Finance, Disciplinary Guidelines for Mortgage Loan Originators and Mortgage Entities, Form OFR-494-14."

12. Pursuant to Rule 69V-40.111(5), Florida Administrative Code, the range for a
    "B" level administrative fine is between $3,500.00 to $7,500.00 and license revocation.

13. Pursuant to sections 494.00255(1) and (2)( c ), Florida Statutes, disciplinary action
    in the form of license revocation may be taken.
    COUNTI

14. The above general allegations are hereby re-alleged and incorporated by reference
    as if fully stated herein.

15. Pursuant to section 494.0063, Florida Statutes, a mortgage lender must obtain an
    annual FAR as of the date of the licensee's fiscal year end, as disclosed to the office on the application or a subsequent amendment to the application. The mortgage lender shall submit a copy of the report to the office within 120 days after the end of the licensee's fiscal year. All audited financial statements required by this chapter must be prepared by an independent licensed certified public account. 3

16. During Examination No. 131868, the Office found that Respondents failed to
    submit a FAR for the fiscal year ending on December 31, 2024, which was due by April 30, 2025.

17. By failing to timely submit its 2024 FAR, Respondents violated section 494.0063,
    Florida Statutes.

18. Pursuant to the Disciplinary Guidelines for Mortgage Loan Originators and
    Mortgage Entities Form OFR-494-14, incorporated by reference in Rule 69V-40.l 1 l, Florida Administrative Code, a licensee cited for a violation of section 494.0063, Florida Statutes, is subject to an "B" level administrative fine and license revocation.

19. Therefore, the Office is seeking to impose a $7,500.00 administrative fine and
    license revocation.
    WHEREFORE, Respondents, SOUTHPOINT FINANCIAL SERVICES, INC., and MELINDA ROTHENBERGER, are hereby notified that the Office intends to enter an Order imposing an administrative fine of $7,500.00 (Seven Thousand Five Hundred Dollars) and license revocation. [this space intentionally left blank with Notice of Rights appearing on the next page J 4

NOTICE OF RIGHTS
The licensee is entitled to be represented by counsel or another qualified representative. The licensee also has the right to request a hearing pursuant to sections 120.569 and 120.57, Florida Statutes. Such request must comply with Rules 28-106.2015 and 28-106.104, Florida Administrative Code. An Election of Proceeding form is attached for your convenience. Any such request must be filed as follows:
By Mail, Facsimile or Email
Agency Clerk
Office of Financial Regulation
Office of General Counsel
P.O. Box 8050
Tallahassee, FL 32314-8050
Phone: (850) 410-9889
Fax: (850) 410-9663
Email: Ae.ency.Clerk@1flofr.gov
OR By Hand Delivery
Agency Clerk
Office of Financial Regulation
Office of General Counsel
The Fletcher Building
101 East Gaines Street
Tallahassee, FL 32399
Phone: (850) 410-9889
TO PRESERVE THE RIGHT TO A HEARING, A WRITTEN RESPONSE MUST BE FILED WITH THE OFFICE OF FINANCIAL REGULATION WITHIN TWENTY￾ONE (21) DAYS AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. SAID RESPONSE MUST BE RECEIVED BY THE OFFICE NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. A FAILURE TO TIMELY RESPOND IN WRITING WILL CONSTITUTE AW AIVER OF THE LICENSEE'S RIGHT TO REQUEST A HEARING AND A FINAL ORDER MAY BE ENTERED WITHOUT FURTHER NOTICE. You may not make an oral request for an administrative hearing. With regard to a written request, if you fail to follow the outlined procedure, your request may be dismissed. Any request for an administrative proceeding received prior to the date of this notice is deemed abandoned and to be considered, must be timely renewed in compliance with the procedure set forth above. Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. 5

NOTICE TO RESPONDENTS
In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the Agency Clerk no later than seven (7) days prior to the filing deadline or proceeding, at the Office of Financial Regulation, The Fletcher Building, 200 East Gaines Street, Tallahassee, Florida 32399, Phone: (850) 410- 9889, or by Email: Agency.Clerk@flofr.gov. By: ~ Damaris E. Reynolds Assistant General Counsel Office of Financial Regulation Office of General Counsel Fla. Bar No. 0037176 200 E Gaines Street Tallahassee, FL 32399-0370 Tel: 850-410-9830 Email: Damaris.Reynolds@flofr.gov CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been sent for service via U.S. Certified Mail to: Southpoint Financial Services, Inc., and Melinda Rothenberger c/o Registered Agent NRAI SERVICES, INC., 1200 South Pine Island Road Plantation, FL 33324 and Melinda Rothenberger, 5955 Shiloh Road, Suite 205, Alpharetta, GA 30005 on this 29th day of January 2026. 6 Damaris ~~ E. Reynolds Assistant General Counsel Office of Financial Regulation

Q UNITEDSTJJTES
POST/JL SERVICE
February 6, 2026
Dear Amber Hopkins:
Exhibit B
The following is in response to your request for proof of delivery on your item with the tracking number:
9489 0090 0027 6620 8151 05.
Item Details
Status:
Status Date / Time:
Location:
Postal Product:
Extra Services:
Shi ment Details
Reci ient Si nature
Signature of Recipient:
Address of Recipient:
Delivered, Individual Picked Up at Post Office February 2, 2026, 12:08 pm FORT LAUDERDALE, FL 33318 First-Class Mail® Certified Mail™ Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file. Thank you for selecting the United States Postal Service® for your mailing needs. If you require additional assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811 . Sincerely, United States Postal Service® 475 L'Enfant Plaza SW Washington, D.C. 20260-0004

p UNITEDSTllTES
POST/JL SERVICE
February 6, 2026
Dear Amber Hopkins:
The following is in response to your request for proof of delivery on your item with the tracking number:
9489 0090 0027 6620 8151 12.
Item Details
Status:
Status Date I Time:
Location:
Postal Product:
Extra Services:
Shipment Details
Weight:
' Recipient Signature
Signature of Recipient:
Address of Recipient:
Delivered, Individual Picked Up at Post Office February 2, 2026, 12:08 pm FORT LAUDERDALE, FL 33318 First-Class Mail® Certified Mail TM Return Receipt Electronic 4Ib, 3.4oz Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file. Thank you for selecting the United States Postal Service® for your mailing needs. If you require additional assistance, please contact your local Post Office TM or a Postal representative at 1-800-222-1811. Sincerely, United States Postal Service® 4 75 L'Enfant Plaza SW Washington, D.C. 20260-0004