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Mortgage Lending Practices

Veterans United Lawsuit Just Got a Lot More Serious — And Five States Are Now Involved

May 12, 2026
5 min read
Veterans United Lawsuit Just Got a Lot More Serious — And Five States Are Now Involved

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Veterans United Lawsuit Just Got a Lot More Serious — And Five States Are Now Involved

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By Frances Flynn Thorsen

The antitrust lawsuit against Veterans United Home Loans — the nation's largest VA mortgage lender — just became significantly more complicated for the company to defend. On May 4, 2026, plaintiffs filed an amended class action complaint in the U.S. District Court for the Western District of Missouri that doesn't just add more plaintiffs. It adds new legal theories that could survive even if the federal claims get trimmed on appeal.

Here's what changed, why it matters, and what veteran homebuyers should know right now.

What the Original Lawsuit Said

When Hagens Berman filed the original complaint in February 2026, the case had three plaintiffs and four claims. The core theory was straightforward: Veterans United runs an illegal referral fee arrangement in which real estate agents receive leads from the company, and in exchange, those agents pay Veterans United roughly 35% of their commission when a deal closes. Agents who don't steer clients back to Veterans United for their mortgage stop receiving leads.

The original complaint also alleged that Veterans United deceives military borrowers by implying — through its name, branding, and advertising — that it is affiliated with or endorsed by the U.S. Department of Veterans Affairs. It is not. The company was founded and is run by three individuals with no military service records.

Veterans United filed a motion to dismiss in April, arguing that plaintiffs had failed to present "any concrete and particularized injury." That motion is still pending.

What the Amended Complaint Adds

The May 4 amended complaint is a substantially different document. The plaintiff count jumped from 3 to 15. The claim count jumped from 4 to 8. And the legal theories now extend well beyond the original federal framework.

The most significant additions are five state consumer protection claims, covering Missouri, Illinois, New York, Ohio, and Texas. Each state has its own consumer fraud and unfair trade practices statute, and each of those statutes creates an independent legal pathway to liability — one that doesn't depend on the outcome of the federal RESPA counts.

This matters for a specific reason. Federal RESPA claims are notoriously difficult to win at the motion to dismiss stage. Defendants routinely argue that plaintiffs haven't adequately alleged the required elements of an illegal referral arrangement. State consumer protection claims are generally easier to plead and harder to dismiss, because they are designed to capture a broader range of deceptive and unfair business practices.

By stacking five state claims on top of the federal RESPA counts, plaintiffs have created a legal structure where Veterans United would need to defeat claims under six different legal frameworks — federal law plus the consumer protection statutes of five states — to get the case thrown out entirely.

Claim

Type

Jurisdiction

RESPA Count 1 — Illegal referral fees

Federal

National

RESPA Count 2 — Kickback arrangement

Federal

National

Consumer protection violation

State

Missouri

Consumer protection violation

State

Illinois

Consumer protection violation

State

New York

Consumer protection violation

State

Ohio

Consumer protection violation

State

Texas

Unjust enrichment

State/Common law

Multi-state

The Bait-and-Switch Allegation

The amended complaint also introduces a new factual theory that wasn't in the original: a bait-and-switch on mortgage rates.

According to the complaint, Veterans United would offer borrowers artificially favorable, non-fixed rate terms during the initial shopping phase to attract them into the process. Then, at the "lock" phase — when borrowers commit to a rate — those terms would worsen. The complaint includes supporting documentation from a confidential loan officer showing a specific case where the rate increased by 0.25% over just three days, even though market conditions had actually improved during that period.

"The mortgage market demonstrably improved during this three-day period by about .25%. Veterans United's practice of blaming 'market conditions' for an increase in rates is demonstrably false." — Amended Complaint, May 4, 2026

Borrowers often proceed anyway, the complaint argues, because they believe they're dealing with a VA-affiliated lender, or because they've already paid money they would forfeit if they walked away from the transaction.

Veterans United's corporate communications manager, Chad Moller, responded that the amended complaint "adds volume and hyperbole, not substance," and that the company intends to "vigorously defend" against what it called "meritless claims." Moller also stated that Veterans United "frequently tells customers that we are not a government agency or part of the VA."

Why the State Consumer Protection Claims Are the Story

Federal antitrust and RESPA litigation is slow, expensive, and uncertain. State consumer protection claims are different. They tend to move faster, they carry lower pleading burdens, and they can attract attention from state attorneys general who have independent authority to investigate and act.

The fact that plaintiffs chose Missouri, Illinois, New York, Ohio, and Texas — five states with active, well-funded consumer protection enforcement offices — is not accidental. Each of those states has a history of AG intervention in cases involving deceptive lending practices. If any one of those state AGs decides to open a parallel investigation, the pressure on Veterans United increases substantially, independent of what happens in federal court.

The expanded plaintiff roster — 15 homeowners, up from 3, with testimony from six confidential loan officers and five real estate agents — also signals that Hagens Berman has been building this case aggressively since the original filing. The confidential insider testimony is particularly significant: it suggests the firm has sources inside the company who are willing to describe the rate manipulation practices from the inside.

What Veteran Homebuyers Should Know

If you obtained a VA loan through Veterans United between 2018 and 2025, you are within the proposed class period. The lawsuit is still in early stages — the motion to dismiss is pending, and no class has been certified — but the amended complaint substantially strengthens the case for class certification by broadening both the plaintiff pool and the legal theories.

You don't need to do anything right now. If the case proceeds and a class is certified, class members will be notified directly. But this is a case worth watching, particularly if you experienced rate increases at the lock phase that you were told were due to market conditions.

The case is Hagens Berman v. Veterans United Home Loans, U.S. District Court for the Western District of Missouri. The amended complaint was filed May 4, 2026. Read the full HousingWire coverage of the amended complaint and the Hagens Berman case page for additional detail.

Image Credit: Nano Banana

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Frances Flynn Thorsen

About the Author

Frances Flynn Thorsen

eXp Realty LLC

REALTOR® • Writer • Educator • Consumer Advocate

Frances Flynn Thorsen brings nearly 40 years of frontline experience in residential real estate, with a career built at the intersection of consumer advocacy, market literacy, and professional accountability. A leading REALTOR®, writer, educator, and trusted advisor to high-performing agents, she translates complex market forces and industry practices into clear, practical guidance for consumers and the professionals who serve them.

State College, PA • License RS148436A

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