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FranchiseVerdict

FDD Items 3 & 4 · 2025 filing

Motto Mortgage litigation history

What Motto Mortgage disclosed about lawsuits, arbitrations and bankruptcy in the 2025 Franchise Disclosure Document. Item 3 lists the material legal actions a franchisor must report; Item 4 covers bankruptcy. This is the franchisor's own disclosure, not a court record, and not legal advice.

Items 3 (litigation) & 4 (bankruptcy) at a glance

What the filing discloses

Cases disclosed
4
Item 3, as counted in the filing
Largest settlement, franchisor's own cases
None stated
Bankruptcy (Item 4)
None
Franchisor, parent, predecessor or officer
Filing year
2025
Disclosures cover the prior ten years

Extracted from the 2025 Franchise Disclosure Document

Item 3: litigation

Franchisor initiated 4 lawsuits against franchisees in fiscal year 2024: (1) breach of franchise and prior settlement agreement including confidentiality/non-disparagement; (2)-(4) suits to collect royalty payments. No actions brought against the franchisor.

Item 3 (litigation) · 4 matters disclosed · 4 pending listed

Litigation cases

The franchisor

Pending (4)

  • Motto Franchising, LLC v. Brooke Marin and Marin AB Holdings, LLC

    pending

    Brought against a franchisee · filed 2024-07-29 · U.S. District Court, District of Colorado · 24-CV-02083

    “… Case No. 24-CV-02083, pending in the United States District Court, District of Colorado, filed July 29, 2024.”Page 15 of the 2025 FDD, Item 3
  • Motto Franchising, LLC v. Free Lunch LLC, Andrew Chock, and Simon Overmiller

    pending

    Brought against a franchisee · filed 2024-09-06 · Court of Common Pleas, York County, Pennsylvania (printed as 'Supreme Court of Pennsylvania, Court of Common Pleas, York County') · 2024-SU- 002620

    “… Case No.: 2024-SU- 002620, pending in the Supreme Court of Pennsylvania, Court of Common Pleas, York County, filed September 6, 2024.”Page 15 of the 2025 FDD, Item 3
  • Motto Franchising, LLC v. Michael Guimares, Jr.

    pending

    Brought against a franchisee · filed 2024-07-03 · Trial Court of Massachusetts, Plymouth County Superior Court · 2483-CV-00516

    “… Case No.: 2483-CV-00516, pending in the Trial Court of Massachusetts, Plymouth County Superior Court, filed July 3, 2024.”Page 15 of the 2025 FDD, Item 3
  • Motto Franchising, LLC v. Patrick Winsey, Jemila Winsey, and Steven Griffin

    pending

    Brought against a franchisee · filed 2024-03-06 · District Court, County of Denver, Colorado · 2024-CV- 030723

    “… Case No.: 2024-CV- 030723, pending in the District Court, County of Denver, filed March 6, 2024; default judgement entered October 9, 2024.”Page 15 of the 2025 FDD, Item 3

Item 3 lists the litigation the franchisor must disclose; a matter against a parent, an affiliate or a named officer is not a matter against the franchisor, and pending claims are allegations, not findings.

Disclosure signals that moved the score

How this shows up in the verdict

  • Four active lawsuits in 2024 including royalty collection defaults, suggesting franchisee cash flow problems and franchisor-franchisee conflict

The verdict grade is FranchiseVerdict's editorial assessment across SBA loan performance, unit growth, revenue and disclosure signals. It is not investment advice.

Before you weigh a lawsuit

How to read Item 3

A franchisor must disclose pending actions and any material civil action involving the franchise relationship, plus convictions or civil judgments for fraud, unfair or deceptive practices, or franchise-law violations, going back ten years. A case the franchisor brought against a franchisee counts too. Item 3 does not include every dispute: settled claims below the materiality line and matters resolved in private arbitration can be absent.

Questions worth asking current and former franchisees, using the contact list in Item 20:

  • Were you, or anyone you know in the system, party to a dispute with the franchisor?
  • Was it resolved by settlement, arbitration or a court, and on what terms?
  • Has the number of disputes gone up or down since you signed?