Rep. Eric Swalwell sues FHFA chief Bill Pulte over mortgage referrals

November 25, 2025 — Rep. Eric Swalwell filed a federal civil suit in the U.S. District Court for the District of Columbia against Bill Pulte, director of the Federal Housing Finance Agency (FHFA), alleging improper access to his mortgage records and politically motivated referrals to the Justice Department. The 19‑page complaint says Pulte obtained confidential loan information from Fannie Mae and/or Freddie Mac and used it to refer Swalwell to DOJ for investigation of mortgage and tax fraud. Swalwell, who announced a run for California governor last week, says the disclosure damaged his reputation at a pivotal campaign moment. The suit frames the referrals as part of an unlawful pattern of political retribution by the administration.

Key takeaways

• Swalwell filed a 19‑page federal civil complaint on Nov. 25, 2025, in the U.S. District Court for the District of Columbia alleging privacy violations by FHFA Director Bill Pulte.
• Pulte referred Swalwell to the Justice Department earlier in November 2025 for alleged mortgage and tax fraud tied to a D.C. property mortgage.
• The complaint accuses Pulte of obtaining confidential mortgage records from Fannie Mae and/or Freddie Mac and using them to prompt DOJ inquiries.
• Pulte has also submitted criminal referrals for Sen. Adam Schiff (May 2025), New York AG Letitia James, and Federal Reserve Governor Lisa Cook.
• Letitia James’s criminal case was dismissed on Nov. 24, 2025, after a judge found the interim U.S. attorney who sought the indictment was improperly appointed.
• The FHFA did not provide a comment when asked; sources told CBS News that DOJ is investigating the probe into Adam Schiff.
• Swalwell’s complaint alleges these actions form part of a broader pattern of punitive legal measures following President Trump’s return to office in January 2025.

Background

The Federal Housing Finance Agency oversees Fannie Mae and Freddie Mac, two government‑sponsored enterprises that hold or guarantee large volumes of U.S. residential mortgages. Because Fannie and Freddie process and retain borrower loan data, the FHFA sits at a crossroads of federal housing oversight and sensitive financial records. Bill Pulte, appointed FHFA director under the Trump administration, began sending criminal referrals to the Justice Department this year targeting several prominent Democrats and public officials.

The use of criminal referrals by a regulator is not itself unprecedented, but Swalwell’s complaint alleges those referrals were based on improperly obtained private mortgage files. The filings occur against a backdrop of heightened partisan scrutiny of law enforcement and regulatory actions after President Trump resumed office in January 2025. Critics argue that selective referrals risk politicizing both administrative agencies and the DOJ, while defenders say referrals can be a legitimate tool to escalate apparent fraud to prosecutors.

Main event

On Nov. 25, 2025, Swalwell filed a 19‑page lawsuit in federal court accusing Pulte and the administration of privacy violations tied to the handling of his Washington, D.C., mortgage records. The complaint alleges FHFA staff obtained Swalwell’s loan information from Fannie Mae and/or Freddie Mac and that Pulte used that information as the basis for a criminal referral to the Justice Department earlier in November.

The complaint explicitly says the disclosure harmed Swalwell’s reputation “at a critical juncture”—the timing coinciding with his recent entry into the California gubernatorial race. It frames the referrals as part of a pattern: Pulte has also referred Sen. Adam Schiff (referred May 2025), New York Attorney General Letitia James, and Federal Reserve Governor Lisa Cook to DOJ for alleged mortgage‑related misconduct.

Officials at the FHFA did not respond to a request for comment. Sources cited by CBS News say the Justice Department is investigating the probe into Schiff; other matters remain at varying stages, including the dismissal of James’s case on Nov. 24, 2025, on procedural grounds related to the interim prosecutor’s appointment.

Analysis & implications

The lawsuit raises several legal and institutional questions. Central is whether FHFA officials lawfully accessed and shared private mortgage records: federal financial‑privacy statutes and the agencies’ own rules tightly limit disclosure of consumer loan information. If the complaint’s factual claims are borne out, plaintiffs could pursue remedies under privacy statutes and constitutional protections against government abuse.

Beyond statutory issues, the case touches on separation‑of‑powers and prosecutorial independence. Criminal referrals to DOJ do not themselves create charges, but they can prompt investigations that carry immediate reputational damage. Legal scholars say repeated, high‑profile referrals tied to political opponents risk the appearance that regulatory tools are being used for partisan ends, which could erode public trust in both agencies and the justice system.

Politically, the suit places a new spotlight on Swalwell as he joins the California governor’s race; the filing frames the alleged disclosures as a campaign‑harmful act timed to undermine his candidacy. For the administration and FHFA, the litigation may force internal reviews of data access protocols and policies governing when and how mortgage data can be shared with prosecutors.

Comparison & data

The table summarizes the public referrals tied to Pulte through late November 2025. Several of these matters remain in litigation or investigation, with outcomes ranging from active DOJ review to court dismissal. The pattern of multiple referrals within a single administration is unusual in scale and concentration on prominent critics of the president.

Reactions & quotes

Swalwell’s complaint and related filings include pointed language alleging improper conduct by Pulte and a politically motivated pattern. Below are short quoted excerpts from the court filing that the complaint filed in D.C. court uses to summarize its claims.

“Pulte’s brazen practice of obtaining confidential mortgage records from Fannie Mae and/or Freddie Mac and then using them as a basis for referring individual homeowners to DOJ for prosecution is unprecedented and unlawful.”

Civil complaint filed by Rep. Eric Swalwell

The complaint also emphasized timing and reputational harm tied to Swalwell’s campaign plans.

“The disclosure of his mortgage records harmed his reputation at a critical juncture in his career.”

Civil complaint filed by Rep. Eric Swalwell

Legal observers and defenders of robust oversight differ on whether referrals reflect legitimate enforcement or improper targeting; the FHFA and DOJ have not published a joint statement explaining their internal standards for referrals in these matters.

Unconfirmed

• Whether the Justice Department has opened a formal, predicated criminal investigation into Swalwell beyond receiving Pulte’s referral remains unconfirmed.
• The specific procedural route by which FHFA staff accessed Swalwell’s mortgage files at Fannie Mae and/or Freddie Mac is not publicly documented in the complaint.
• The motives behind each referral—whether driven by evidence thresholds, administrative policy, or political considerations—are not independently corroborated in the public record.

Bottom line

Swalwell’s lawsuit escalates a broader controversy over how regulatory data and criminal referrals are used in politically sensitive contexts. The complaint alleges that FHFA officials improperly obtained confidential mortgage records and used them to refer political opponents to DOJ, a claim that could trigger legal remedies and force agency policy reviews if proven.

The case also places pressure on DOJ to clarify how it handles referrals from regulators and on FHFA to produce its access and disclosure records. Expect additional filings, discovery, and possibly rulings on both privacy and standing; any decisive legal outcome could reshape limits on how housing data is shared with law enforcement and how referrals are used in politically charged investigations.

Sources

• CBS News — U.S. national news outlet report summarizing the complaint and related developments.
• Federal Housing Finance Agency (FHFA) — Official agency website for institutional background and agency role (official).