Ex-AnnieMac closer sues lender for race discrimination

A former AnnieMac mortgage closer is accusing the lender of disparate treatment of Black workers in a new federal lawsuit.

Mary Elizabeth Smith of Jacksonville, Florida alleges the company failed to address her multiple complaints of a hostile work environment before firing her in February. She filed the suit last week with eight claims of retaliation and discrimination, after receiving a right to sue from the Equal Employment Opportunity Commission, which reviewed her claims. 

AnnieMac as of Wednesday had not responded to a summons issued for the case in the U.S. District Court for the Middle District of Florida in Jacksonville. The lender and an attorney for Smith didn't respond to requests for comment this week. 

Smith was hired as a remote wholesale third-party closer in 2021 and made an initial complaint in December, when a white supervisor made undefined "inappropriate" actions toward Smith's ex-husband, the suit said. The lender didn't address her complaint and the supervisor was laid off a month later. 

Last May, following a company-wide layoff, Smith was placed under the supervision of Edward Siler, the company's director of correspondent operations, the suit said. Siler "engaged in a campaign of discriminatory actions" against Smith and Lynn Sermons, the only other Black worker on the mortgage team, Smith claims. Their boss allegedly transferred loan assignments from Smith and Sermons to non-Black employees, hurting their performance metrics and income. 

A month after Siler's appointment, he requested Smith to be present on a conference call with an additional supervisor in which Siler "issued corrective action" to Sermons, a move made to embarrass the other Black worker, Smith claims. 

"Ms. Smith was never asked by Mr. Siler and/or Mr. Royer to be present on a conference call in which a non-Black employee received a corrective action," wrote attorney Naphtalie Azor of Jacksonville-based Azor Law, on behalf of Smith.

In mid-August, Smith was attempting to close a loan when she was denied access because of an underwriting issue. After receiving word that the loan had passed compliance, she was unable to access the loan as another coworker began working on it. Soon after, Smith allegedly received a call from Siler, who accused her of not doing her work. 

"Mr. Siler proceeded to raise his voice at Ms. Smith, speak to Ms. Smith in a condescending manner using profane words, talk, preventing her from explaining her position, making demeaning remarks to Ms. Smith and falsely accusing Ms. Smith is not doing her work," the lawsuit said. 

The supervisor also warned Smith to pre-approve overtime, despite a company notice a week prior indicating no approval was necessary. Siler also allegedly lied in a write-up that he had previously confronted Smith about her performance, and could not provide documentation proving the conversation occurred.

Smith contacted a human resources executive in late August, who did not address her complaints and instead placed her on an involuntary unpaid leave of absence, the suit claims. Smith was told she had to complete a short-term disability application to remain in her job, a move later denied by an insurer.

AnnieMac never reinstated Smith and terminated her in late February. Smith is also seeking unspecified lost wages including front pay, back pay and lost benefits. 

The Mount Laurel, New Jersey-based lender counted a workforce of 491 mortgage loan originators at the end of last year, according to Nationwide Multistate Licensing System records. It also did not report any layoffs last year in any state Worker Adjustment and Retraining Notifications.

The company has made two acquisitions in the past year, most recently buying Toms River, New Jersey-based Family First Funding.

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