UWM agrees to Ishbia deposition after judge's scolding

United Wholesale Mortgage is making CEO Mat Ishbia available for a deposition in a lawsuit regarding its All-In mandate, relenting after a judge's scolding.

U.S. District Judge Terrence G. Berg found the lender in contempt Monday for repeatedly refusing to make the CEO available to testify, since the court asked UWM to do so in December. Atlantic Trust Mortgage, which UWM accuses of violating All-In, wants to depose Ishbia because of his purported firsthand knowledge of the contract's liquidated damages provision.

The order requires Ishbia to appear for a deposition no longer than four hours within the next 30 days in Oakland County, Michigan, where his company is headquartered. The wholesale leader is seeking at least $355,000 in damages from Atlantic Trust for allegedly doing business with two rivals at the same time as UWM.

Photographer: Andrew Martinez/National Mortgage News

The Ishbia deposition would represent a rare questioning under oath of a mortgage CEO in recent industry litigation. To penalize the lender for its delays, the judge ordered UWM to pay for Atlantic Trust's attorney's fees spent specifically litigating the deposition item. 

"From the court's perspective, this appeared to be a contumacious stratagem because by then the court had twice ordered UWM to conduct the deposition," wrote Judge Berg, describing the tactic by UWM's counsel as disobedient.

In a statement Monday, a spokesperson for UWM said the company remains confident in its position in the case, and that the deposition shouldn't detract from the substance of the matter. The company had previously contested the deposition request as unnecessary, burdensome and an attempt by Atlantic Trust to gain publicity. 

"While UWM disagrees with this finding, UWM respects the court's order and will comply with the order," the statement read. 

Jeffrey Morganroth, managing partner of Morganroth and Morganroth and counsel for Atlantic Trust, shared a statement on behalf of the lender, in which they emphasized Ishbia's central role in the All-In dispute.

"It is unusual to get to the point of contempt rulings regarding discovery issues, but UWM/Ishbia's gamesmanship and obstruction have been blatant and continuous," the statement read.

UWM's court tactics

UWM filed its breach of contract suit in January 2024. Atlantic Trust has denied wrongdoing, stating it then relied on UWM's promise of a 60-day trial period to work with other lenders in violation of the All-In contract. 

Although Judge Berg ordered UWM in December to produce Ishbia for a deposition, Atlantic Trust reported in March that the lender wasn't complying with the order. When the court reaffirmed its order, UWM filed an emergency motion, and offered up other executives to be deposed.

In siding with Atlantic Trust, Judge Berg cited the defendant's reference to Ishbia's public comments stating that "I can control my business model."

"The factual record in this case suggests that he was the primary, if not sole decisionmaker in adopting this initiative and the liquidated damages provision," wrote Berg. 

UWM's similar breach of contract lawsuits against brokerages District Lending and America's Moneyline remain pending in federal courts. Although the lender hasn't secured final victories in those cases, it squashed dismissal bids. The company has also secured a small settlement from another alleged All-In violator, and survived an antitrust lawsuit in 2025.