Rep. Swalwell Sues Fhfa’s Bill Pulte, Alleging Misuse Of Mortgage Records

Rep. Eric Swalwell (D -California) has filed a lawsuit against Bill Pulte, the director of the Federal Housing Finance Agency (FHFA), accusing him of violating federal privacy laws by improperly accessing Swalwell’s mortgage records.

Pulte referred Swalwell to the U.S. Department of Justice (DOJ) on Nov. 13, alleging mortgage and tax fraud. He claims Swalwell falsely identified his Washington, D.C., home as his primary residence to secure more favorable mortgage terms.

The FHFA, Fannie Mae and Freddie Mac are also listed as defendants in the lawsuit filed in the U.S. District Court for the District of Columbia. The FHFA did not immediately reply to HousingWire’s request for comment.

According to the complaint, President Donald Trump has used federal agencies to “seek retribution against his political enemies,” prompting DOJ investigations “nakedly targeting some of the President’s most outspoken critics.” The lawsuit asserts that Pulte plays a central role in these efforts.

“Pulte has abused his position by scouring databases at Fannie Mae and Freddie Mac — two government-sponsored enterprises — for the private mortgage records of several prominent Democrats,” the filing states. “He then used those records to concoct fanciful allegations of mortgage fraud, which he referred to the Department of Justice for prosecution.

“The target of his most recent criminal referral is Plaintiff Eric Swalwell — one of the President’s most vocal and visible critics in Congress.”

Swalwell, who served as an impeachment manager during Trump’s second impeachment trial, has also sued Trump over allegations that the president incited the Jan. 6 insurrection at the U.S. Capitol.

The lawsuit states that allegations Swalwell lied on his mortgage applications are “patently false,” arguing that he “explicitly disclaimed any intent to occupy” the D.C. property. A sworn affidavit attached to the mortgage agreement, the suit notes, made clear the home would be his wife’s primary residence, not his own. Swalwell is a permanent resident of California.

The complaint accuses Pulte of violating Swalwell’s First Amendment rights by engaging in retaliation based on viewpoint. It also alleges violations of the Privacy Act of 1974, enacted to prevent federal officials from using access to private records to target political opponents.

Pulte has made similar referrals in recent months, accusing New York Attorney General Letitia James, Sen. Adam Schiff (D-Calif.) and Federal Reserve Governor Lisa Cook of mortgage fraud based on alleged occupancy misrepresentations.

A federal judge dismissed the criminal case against James on Monday, ruling that prosecutor Lindsey Halligan was unlawfully appointed and lacked authority to present the matter to a grand jury. Cook, meanwhile, is challenging Trump’s attempt to fire her over the allegations, with the U.S. Supreme Court set to hear arguments on Jan. 21.

Swalwell is seeking declaratory relief, statutory and compensatory damages, an injunction requiring Pulte and the FHFA to withdraw the criminal referral, and attorneys’ fees.