OneTrust Home Loans is suing E Mortgage Capital (EMC), United Wholesale Mortgage (UWM) and 31 former employees of its former Arizona division, alleging a coordinated effort to poach staff, steal trade secrets, and divert more than $31 million in loan volume.
The lawsuit, filed June 4 in U.S. District Court in Arizona, claims the defendants “improperly obtained and exploited the benefit of CalCon’s employees, borrower information, loan opportunities, confidential information, trade secrets, goodwill and business infrastructure for Defendants’ own financial gain.”
OneTrust operates as a d/b/a of CalCon Mutual Mortgage. The complaint alleges former employees secretly funneled borrower information and loan opportunities to EMC and UWM while still employed by OneTrust.
As of March 12, 2024, the departing group are claimed to have solicited at least 79 loans away from OneTrust, representing more than $31 million in aggregate loan volume, according to the complaint.
The alleged misconduct surfaced during a separate legal dispute. Former employees demanded arbitration against OneTrust in mid-2025 under the Fair Labor Standards Act. OneTrust filed counterclaims in November 2025. Discovery later produced about five terabytes of electronically stored information, including internal emails and Microsoft Teams chats, which OneTrust alleges exposed the loan diversion scheme.
A central claim involves the alleged unauthorized use of Floify, a third-party point-of-sale platform. OneTrust says the Arizona team was instructed to use company-authorized systems, including Blend, but instead used Floify and personal email domains to process borrower leads outside OneTrust’s visibility and redirect them to EMC and UWM.
The Arizona division was led by former senior vice president Tim Potempa, who joined OneTrust in February 2022. Potempa left for EMC in early 2024, bringing a 40-person team and more than $300 million in annual production, according to HousingWire. He later left EMC and joined CrossCountry Mortgage in August 2025.
OneTrust alleges Potempa and other division leaders began coordinating in late 2023 to move the pipeline and personnel away from the company, despite employment agreements that allegedly barred solicitation of OneTrust employees for 18 months after departure. The complaint also alleges Arizona division leaders downloaded trade secrets, including pricing models, vendor fees and internal cost allocations, for use at EMC.
The complaint also names UWM, alleging the wholesale lender received and funded loans despite knowing it did not have a brokerage relationship with OneTrust. OneTrust claims UWM was “willfully blind” to the fact that the loans originated from OneTrust personnel and systems and were being redirected for the benefit of EMC and UWM.
E Mortgage Capital maintains a clear and firm policy: individuals who join our company are not permitted to bring leads, borrower information, or any loan opportunities that belong to a former employer. That policy is non-negotiable and is something we enforce without exception.
In a statement sent to NMP, an EMC spokesperson said "The individuals named joined E Mortgage Capital after concluding their employment elsewhere. Any conduct alleged to have occurred prior to or during their departure from their former employer is not something E Mortgage Capital directed, participated in, or had knowledge of."
"We note that this complaint names E Mortgage Capital, a wholesale lending partner, and nearly 30 individual employees," the EMC spokesperson continued. "We believe the number of parties named in this complaint is telling in itself. We are confident in our position and will address these claims through the legal process."
A UWM spokesperson also responded to the allegations, calling them “without merit,” and said it intends to “vigorously defend against them to the fullest extent permitted by law.”
OneTrust is seeking damages on multiple counts, including misappropriation of trade secrets, violation of the Computer Fraud and Abuse Act, breach of fiduciary duty, tortious interference with contractual relations and business expectancies, civil conspiracy and unjust enrichment.
Separately, OneTrust is pursuing a federal case in California against former branch manager Broch Lassig, mortgage coach Rick Ruby, The Core Training, CrossCountry Mortgage and CrossCountry President Ronald Leonhardt, where defendants have moved to dismiss the second amended complaint and a hearing is now set for Aug. 3.
