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If you suspect a mortgage lender, broker, appraiser or servicer treated you differently because of a protected characteristic, preserve the facts and report them promptly. The U.S. Department of Housing and Urban Development (HUD) accepts Fair Housing Act reports online, by phone at 1-800-669-9777, or by mail. The Consumer Financial Protection Bureau (CFPB) accepts a separate consumer complaint online or at 1-855-411-CFPB (2372).
HUD says a Fair Housing Act allegation generally must be filed within one year of the last alleged discriminatory act. Other laws and a private lawsuit can have different deadlines, so filing quickly and obtaining case-specific legal advice are important.
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What mortgage lending discrimination can include
Mortgage discrimination is not limited to a formal denial. The Fair Housing Act covers residential real-estate-related transactions, including mortgages, refinancing, home-equity loans and home-improvement loans. HUD identifies potentially discriminatory conduct at several points in the process:
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- Approving or denying an application differently from similarly situated applicants.
- Offering less favorable interest rates, fees, down-payment requirements or other terms.
- Using discriminatory advertising or providing discriminatory mortgage-broker services.
- Applying different standards in appraisals, servicing, loss mitigation or loan-modification assistance.
HUD lists race, color, national origin, religion, sex, disability and familial status as protected bases under the Fair Housing Act. A warning sign is not automatically proof of a legal violation; it is a reason to preserve evidence and seek guidance.
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How the Equal Credit Opportunity Act differs
The Equal Credit Opportunity Act (ECOA) applies to creditors, including mortgage lenders and brokers, and prohibits discrimination in credit transactions on these grounds:
- Race or color
- Religion
- National origin
- Sex
- Marital status
- Age, when the applicant can legally enter a contract
- Receipt of income from a public-assistance program
- Good-faith exercise of rights under the Consumer Credit Protection Act
The two laws overlap but are not identical. For example, familial status is expressly listed by HUD for the Fair Housing Act, while ECOA expressly includes marital status, age, public-assistance income and certain consumer-credit rights. State and local laws may add protected categories or remedies.
Signs that warrant documentation
Consider documenting the situation if any of these occurred:
- A lender or broker discouraged you from submitting an application or suggested that you would not qualify before reviewing your information.
- You were denied while a similarly qualified applicant received credit.
- You received a higher rate, larger fee, different loan amount or stricter condition without a clear, consistent underwriting explanation.
- Income connected to a disability or another protected circumstance was ignored or discounted.
- An appraisal, servicing decision or loan-modification request received treatment that differed from comparable cases.
- Advertising, written messages or spoken comments referenced a protected characteristic in a way connected to the transaction.
These circumstances do not decide whether discrimination occurred. They identify facts that may help an agency or attorney evaluate the claim.
Preserve the facts before you file
Build a dated timeline
Start with a chronological record. Include the date you contacted the lender, submitted an application, supplied documents, received an appraisal, obtained a conditional approval or denial, accepted or rejected terms, and communicated with a servicer or broker. For each event, note the person’s name, job title or role, the channel used, the exact words you remember, and any amount or term discussed.
Record when you learned of a decision, not just when a document was created. The date of the last act matters to HUD’s one-year Fair Housing Act filing period, so identify later calls, revised terms, servicing actions or other events that may be part of the alleged conduct.
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Keep the underlying records
Preserve copies of:
- The application and supporting income, asset and employment documents.
- Preapproval, approval, counteroffer and denial notices.
- Loan estimates, closing disclosures, rate-lock documents and fee worksheets.
- Emails, letters, text messages, portal messages and voicemail records from the lender, broker, appraiser or servicer.
- Appraisal reports, underwriting-condition lists, servicing notices and loan-modification correspondence.
- Documents showing the property address, loan or program involved, and the people or companies involved.
Keep the original files where possible and make a separate working copy for notes. Do not delete messages or edit documents to make them easier to read. A simple index showing the file name, date and what it proves can help you explain the chronology.
Identify useful comparisons
If you believe another applicant or borrower in a comparable situation received different treatment, write down what you actually know: the transaction date, product, qualification information, terms and decision. Avoid presenting assumptions as facts. Agencies and lawyers will determine whether the comparison is legally and factually comparable.
Choose the appropriate complaint routes
You can use more than one official route when the facts fit. Each route serves a different purpose.
| Route | What it addresses | How to submit | What to expect |
|---|---|---|---|
| HUD Fair Housing and Equal Opportunity (FHEO) | Housing discrimination under the Fair Housing Act, including mortgage, refinancing, home-equity, home-improvement, appraisal, servicing and modification conduct. | Online report, phone at 1-800-669-9777, or printed form mailed to a regional FHEO office. | HUD generally investigates or refers the allegation, seeks voluntary resolution and may issue findings or pursue enforcement. |
| Consumer Financial Protection Bureau | A consumer complaint about a mortgage company or related conduct; the company receives the complaint and responds through the CFPB process. | Online complaint or phone at 1-855-411-CFPB (2372). | CFPB provides status tracking. Companies generally respond within 15 days under the CFPB complaint process. |
| Other federal regulator or state/local agency | Complaints routed according to the creditor’s charter, the conduct involved or protections available under state or local law. | Submit to the regulator or state attorney general/consumer-protection office that covers the lender or conduct. | Jurisdiction and procedures vary by agency and location. |
| Private legal action | A separate civil claim seeking remedies allowed by applicable law. | Discuss the facts with a qualified attorney promptly. | Deadlines and procedural effects depend on the statute, filing history and case posture. |
How to file with HUD FHEO
1. Gather the information HUD requests
Prepare your name and address, the respondent’s name and address, the property or program identification, the dates of the alleged acts and a short description of what happened. Include the lender, broker, appraiser, servicer or other participant whose conduct you are reporting, as applicable.
2. Write a concise factual account
Explain what you applied for or already had, who took each action, what was said or done, how the treatment differed from what you expected or from a comparison you can identify, and what outcome followed. Tie each assertion to a date or document. You do not need to prove the entire case in the initial narrative; clarity and accurate chronology are more useful than speculation.
3. Submit through one of HUD’s intake channels
- Use HUD’s online Fair Housing and Equal Opportunity reporting process.
- Call 1-800-669-9777 to report the concern or ask about submitting it.
- Print and mail the HUD form to the appropriate regional FHEO office.
Keep a copy of everything submitted and the date of submission. If you speak with an intake representative, record the representative’s name, any confirmation number and the next instruction you receive.
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4. Understand the one-year filing window
HUD says a Fair Housing Act allegation must be filed within one year of the last date of alleged discrimination and recommends filing as soon as possible. Do not wait for a lender’s internal appeal, a promised callback or a complete set of supporting documents if waiting could push you past the deadline. You can explain that additional records are forthcoming.
5. Know what may happen after intake
HUD may investigate the allegation itself or refer it to a state or local fair-housing agency. The process may seek voluntary resolution. If the matter is not resolved, HUD describes possible findings and enforcement steps. The agency’s handling of a report is separate from deciding whether you have a private claim.
How to file a CFPB complaint
1. Prepare the account details
CFPB advises having dates, amounts and other details ready. Identify the company, the property or loan, the people involved, the action you believe was discriminatory and the result you want the company to address. Attach or describe the records that support the timeline.
2. Submit online or by phone
- Submit the complaint through the CFPB’s online complaint channel, or
- Call 1-855-411-CFPB (2372).
Save your confirmation and login details so you can monitor the status. CFPB sends the complaint to the company and provides a way to track progress.
3. Interpret the company response correctly
Companies generally respond within 15 days in the CFPB complaint process. That response is not the same as a HUD Fair Housing Act investigation or a legal finding. A company’s explanation may still supply useful records, admissions or disputed facts for your file, but it does not extend HUD’s filing deadline.
When another regulator or a state agency may fit
The creditor’s charter and the type of institution can determine which federal regulator receives a fair-lending complaint. DOJ’s fair-lending guidance identifies these general assignments:
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- Office of the Comptroller of the Currency (OCC): national banks.
- Federal Reserve: member institutions other than national banks.
- Federal Deposit Insurance Corporation (FDIC): state nonmember banks.
- National Credit Union Administration (NCUA): federal credit unions.
- Federal Trade Commission (FTC): creditors not assigned to another federal agency.
You may also contact your state attorney general or state consumer-protection office. State and local fair-housing agencies can provide another intake route and may enforce protections that go beyond the federal statutes. Confirm which agency covers the institution before sending sensitive documents, and retain proof of submission.
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HUD’s administrative deadline
The critical HUD deadline is one year from the last alleged discriminatory act under the Fair Housing Act. Because identifying the last act can be fact-specific, treat the earliest plausible deadline as controlling and file promptly.
Potential civil action
HUD describes a two-year period for a private Fair Housing Act lawsuit measured from the most recent alleged discriminatory action, with HUD processing time excluded when a HUD allegation has been filed. HUD also notes limits involving a signed conciliation agreement or an administrative hearing. The applicable statute, the events in your case and the procedural posture can change the analysis. Filing a complaint does not automatically preserve every possible claim, so obtain legal advice before relying on a general deadline.
Why a complaint response is not a deadline extension
A CFPB company response, a lender’s internal review or a request for more documents does not replace the need to assess HUD and other legal deadlines. Use those processes for information and resolution while separately protecting any claim you may have.
How to write a clear complaint narrative
A useful narrative answers five questions in order:
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- Who: identify the lender, broker, appraiser, servicer, employees and any comparison person you can identify.
- What: describe the application, loan, servicing request or other transaction.
- When: give each important date, including the last alleged act.
- How: quote or accurately paraphrase the words, terms or actions that concerned you, and identify the document or witness supporting them.
- Impact: state the denial, extra cost, delay, lost opportunity, changed terms or other result.
Separate direct observations from conclusions. For example, “The broker said the program was not for families with children on March 4” is a factual allegation; “The broker violated the Fair Housing Act” is a legal conclusion for the agency or court to evaluate. You can include both, but the factual detail should come first.
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Common mistakes and how to avoid them
Waiting for a complete case
Gathering evidence is useful, but delay can jeopardize the one-year HUD deadline. Submit a timely, accurate account and supplement it when the agency permits.
Sending only a conclusion
“They discriminated against me” does not tell an intake reviewer what happened. Add dates, names, terms, communications and the records that support each point.
Assuming one channel covers every law
HUD, CFPB, another regulator and a private lawsuit have different functions. A CFPB complaint does not substitute for assessing a Fair Housing Act filing, and a HUD report does not automatically resolve every ECOA or state-law issue.
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Only identify differences you can describe accurately. If you do not know another applicant’s full qualifications or loan terms, say what you know and label the rest as a question rather than a fact.
Losing the submission record
Keep the completed form, attachments, confirmation, call notes and follow-up correspondence in one folder. Record every new event because later conduct may affect the timeline and the issues presented.
What to do after filing
- Monitor HUD or CFPB messages and respond by the stated date.
- Maintain the original records and add a dated log of new communications.
- Ask an agency how to submit additional evidence rather than repeatedly filing the same complaint.
- Do not sign a settlement or conciliation agreement without understanding what claims and remedies it affects.
- Consult a qualified housing or consumer-credit attorney promptly if you are considering a lawsuit, have received a settlement proposal, or are close to a filing deadline.
The strongest immediate approach is usually parallel preservation and timely reporting: document the facts, file with HUD before the one-year Fair Housing Act period expires, use the CFPB channel when a company complaint is also appropriate, and check regulator and state options based on the creditor and conduct.
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