CFPB sues Rocket Homes, brokerage over kickback scheme

The Consumer Financial Protection Bureau is accusing Rocket Homes, the real estate arm of Rocket Mortgage, of initiating a kickback scheme between itself and The Mitchell Group, a real estate brokerage, to boost origination business.

In a complaint filed Monday, the watchdog claims Rocket Homes gave referrals and other incentives to brokerages under an agreement that they would refer business to Rocket Mortgage and Amrock, the megalender's title, closing and escrow company.

The Mitchell Group was an "enthusiastic partner" in the kickback scheme and allegedly referred thousands of clients to Rocket and Amrock. Some of these referrals were egged on by the promise that agents referring the most business to Rocket would receive a $250 gift card, the CFPB claims.

The drive to pump more business to Rocket resulted in borrowers not receiving all available loan information, especially if it could potentially sway them to another mortgage lender, the regulator said. 

Specifically, the CFPB said Rocket censored agents from talking about the availability of down payment assistance programs, "which often save homebuyers thousands of dollars."  According to the CFPB, Rocket Homes "punished real estate agents who helped their clients obtain DPA if Rocket Mortgage didn't participate in those programs."

Rocket also charged higher rates and fees to consumers who went through the Rocket Homes network compared with those that didn't, the bureau claims in its suit filed in a Michigan federal court.

"Rocket engaged in a kickback scheme that discouraged homebuyers from comparison shopping and getting the best deal," said CFPB Director Rohit Chopra in a press release. "At a time when homeownership feels out of reach for so many, companies should not illegally block competition in ways that drive up the cost of housing."

Rocket Homes dubbed the allegations "false and a distortion of reality."

"The accusation that homebuyers paid more when working with Rocket Homes is a lie. Additionally, the notion that Rocket Homes penalized real estate brokers or agents for helping clients compare rates and choose the best lender for them is also a lie," a Rocket press person wrote in an email. "Director Chopra's transparent ploy to bolster his political agenda before the changing of administrations is a reckless and shocking misuse of public resources."

The Jason Mitchell Group could not be reached.

The CFPB accuses the companies and Jason Mitchell, the brokerage's CEO, of violating the Real Estate Settlement Procedures Act. It's suing to stop the kickback scheme and obtain an undisclosed civil penalty that will be deposited to its victims relief fund.