UWM Seeks To Dismiss AML Countersuit Over 'Ultimatum' – NMP Skip to main content

UWM Seeks To Dismiss AML Countersuit Over 'Ultimatum'

Apr 25, 2023
gavel in courtroom

Files motion in federal court stating AML failed to prove antitrust claims.

United Wholesale Mortgage LLC (UWM) filed a motion last week in federal court in Michigan seeking to dismiss a counter lawsuit filed against it by America’s Moneyline Inc. (AML).

AML, a high-volume California-based brokerage, filed the counter lawsuit Feb. 25 in U.S. District Court for the Eastern District of Michigan, Southern Division, in response to a lawsuit filed by UWM a year earlier that claimed AML violated UWM’s “All-In” initiative. 

UWM established the initiative in March 2021, giving brokers an ultimatum that prohibited them from working with UWM if they continued to do business with Rocket Mortgage and Fairway Independent Mortgage. Under the ultimatum, any broker that continued to do business with Rocket or Fairway would face fines of either $5,000 per loan or $50,000, whichever sum was larger.

Watch The Interest

 

UWM claimed in its lawsuit that since signing the “All-In” addendum, AML had submitted 560 loans to Rocket and Fairway. 

After UWM filed its lawsuit, AML CEO Shawn Nevin described the ultimatum as “anti-competitive,” and “anti-American” and said it wouldn’t survive judicial scrutiny. 

That was followed nearly a year later by AML filing its countersuit against UWM. At the time, Nevin said the countersuit challenges “the legality of the ultimatum, while also calling out illegal business practices by UWM’s leadership.”

He continued, “Time and again we were assured [UWM] would not enforce their loyalty pact if we just signed it. After freezing more than 100 of our loans in their pipeline — harming our clients — we were forced to sign, again with assurances we would be able to use any lender we wanted. That turned out to be just the latest lie from Mat and his team.”

In the motion to dismiss AML’s countersuit, filed April 19, UWM states that AML “fails to state a claim for relief.” It notes that attorneys for both sides held a conference in which “UWM explained the nature of this motion and its legal basis and requested, but did not obtain, concurrence in the relief sought.”

In its motion, UWM states that AML failed to prove its claims that UWM violated any federal or state antitrust laws regarding restraint of trade or “attempted monopolization.” It then states that, because AML is seeking relief under its antitrust claims but failed to prove them, the countersuit should be dismissed.

“This is not an antitrust case,” the motion states. “This case is about one mortgage broker that repeatedly breached the terms of its broker agreement and is now grasping for any rationale to evade liability.”

It adds, “The claims lack any legal merit and should be dismissed.”

The court has not yet ruled on the motion.

About the author
David Krechevsky was an editor at NMP.
Published
Apr 25, 2023
More from
Courts
UWM Held In Contempt As Judge Again Orders Ishbia Deposition In ‘All-In’ Case

Court says lender failed to comply with prior discovery order, imposes attorney-fee sanctions

Jun 10, 2026
Judge Orders MRED To Restore Zillow Listing Feed In Escalating Antitrust Fight

Federal ruling temporarily puts Chicagoland listings back on Zillow and Trulia while broader battle over listing control and mortgage distribution continues

May 26, 2026
Rocket Sues UWM, Alleging MSR ‘Clawback’ Campaign Violated Non-Solicitation Agreement

Rocket claims UWM sold Mr. Cooper servicing rights, then allegedly used broker incentives and refi tools to target the same borrowers

May 14, 2026
What The OpenAI Trial Means For Mortgage Lenders

Battle between Elon Musk and Sam Altman highlights risks around control, data, and incentives as lenders deepen reliance on AI tools

Apr 28, 2026
Shareholder Sues Two Harbors Over Proposed Sale To CrossCountry

Complaint points to earlier higher bids and disclosure gaps in CrossCountry deal

Apr 22, 2026
Mat Ishbia, UWM Face New Lawsuit Over Alleged Role In MSU Investigation

Lawsuit claims Ishbia, UWM gained access to confidential communications in Mel Tucker probe

Apr 14, 2026