Judge awards UWM in 'All-In' lawsuit against small brokerage

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A federal judge awarded United Wholesale Mortgage a $325,000 final judgment against a small California brokerage the wholesale giant sued for breaking its "All-In" agreement. 

U.S. District Judge Laurie J. Michelson filed the consent judgment Friday against Kevron Investments, after also ruling against the shop in March. The wholesale leader accused Kevron of violating their contract, which bars broker partners from dealing with competitors Rocket Cos. and Fairway Independent Mortgage. 

UWM sued Kevron in February 2022, for allegedly selling 22 loans to those competitors while sending loans to the Pontiac, Michigan giant. Michelson partially ruled against Kevron in March, stating the shop had agreed to UWM's new terms by continuing to submit loans to it, post All-In addendum.

The California brokerage, also known as Westlake Mortgage Group, was then ordered to pay $70,000 in damages, or $5,000 per loan, for 14 mortgages it had submitted to Rocket since November 2021. Last week's judgment did not elaborate if the final damages, which include attorneys' fees, were related to additional loans that were originated outside of All-In. 

A spokesperson for UWM Monday afternoon said the company was pleased with the outcome, and that "truth and facts prevailed."

"From day one, we've been crystal clear about the facts of this case, and Kevron's willingness to stipulate to this judgment in light of the court's recent decision confirms exactly what we said all along," the statement read. "We're pleased — but not surprised — by this outcome."

Neither a representative for Kevron nor its attorneys responded to requests for comment Monday. 

Kevron, which lists five sponsored mortgage loan originators in public records, is licensed in both California and Colorado. It's one of five brokerages UWM has sued for violating All-In, and the second to have to pay the larger competitor.

Courts haven't slowed UWM in All-In fights

The company rocked the broker space in 2021 when it targeted Rocket and Fairway, suggesting their retail arms posed an existential threat to the wholesale space. In a deposition last year, UWM Chief Marketing Officer Sarah DeCiantis explained their threat, in a description cited by Judge Michelson. 

"It's very, very difficult for a loan to come back into wholesale once retail's got a hold of it," said DeCiantis, in a deposition included in UWM's public case filings last year. 

The lender has sued broker partners for violating its addendum since 2021, including accusing one since-defunct brokerage of owing UWM nearly $2 million for 380 loans it sold to Rocket. That company, America's Moneyline, lost a federal court appeal this summer. 

Cases against two additional ultimatum breakers, Atlantic Trust Mortgage and District Lending, also survived dismissal attempts earlier this year. In 2023, UWM reached a $40,000 settlement with broker partner Mid Valley Funding for violating the agreement. 

Florida-based Okavage Group also filed an antitrust lawsuit against UWM in 2021 over the addendum, another longstanding complaint which was dismissed last September. Three judges of the U.S. Circuit Court's Eleventh District also rejected Okavage Group's claims this spring. 

America's Moneyline earlier this year contested that other brokerages have violated the All-In mandate and haven't been sued, citing mortgage data. A spokesperson for UWM has previously said there are no exceptions to the addendum. 


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