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PROCEDURE NAME: Ombudsman Complaint and Appeal Procedures

RELEVANT REGULATION: 12 CFR Part 1213

APPLICABLE TO: Office of the Ombudsman

LOCATION: Public website link:

EFFECTIVE DATE: May 1, 2020 

I. Purpose and Principles

A. Ombudsman Procedures. Pursuant to 12 U.S.C. 4517(i), the Federal Housing 

Finance Agency (FHFA) has established the FHFA Office of the Ombudsman 

(Office) to consider complaints and appeals by certain parties relating to FHFA’s 

supervision and regulation of its regulated entities. FHFA regulations at 12 CFR Part 

1213 set forth the authorities and duties of the Ombudsman. This document 

establishes the Ombudsman’s procedures for receiving, considering, and closing

complaints and appeals (Procedures).

B. Ombudsman Authority. The Ombudsman has authority delegated by the FHFA 

Director (Director). The Ombudsman receives, considers, and works to resolve

complaints and appeals about matters relating to the supervision and regulation of the 

Federal National Mortgage Association and any of its affiliates (FNMA), the Federal 

Home Loan Mortgage Corporation and any of its affiliates (FHMLC), any Federal 

Home Loan Bank (each, individually, a “regulated entity” and collectively, “regulated 

entities”), or the Federal Home Loan Bank System’s Office of Finance (OF).

C. Review Principles. Ombudsman determinations will be based on a neutral, fair and 

independent assessment of the facts and circumstances of a particular matter. 

Determinations are not subject to review by FHFA regulatory, supervisory or policymaking functions. If confidentiality is requested for a complaint or appeal, the 

Ombudsman will not disclose information about it without the submitting party’s

approval, except to reviewing officials and as required by law.

II. Complaints

A. Eligibility. A complaint must be submitted by an eligible party and must be based 

either on (i) FHFA supervision and regulation of a regulated entity or OF or (ii) on a 

claim of retaliation for a prior submission to the Ombudsman. 

B. Who May Submit a Complaint. Complaints may be submitted by:

1. A regulated entity or OF; or
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2. Any person that has a business relationship with a regulated entity or OF. 

“Business relationship” means interaction between a person and a regulated entity

or OF relating to the provision of goods or services. “Business relationship” does 

not include any interaction between a mortgagor (that is, a homeowner with a 

mortgage loan) and a regulated entity that directly or indirectly owns, purchased, 

guarantees, or sold the mortgage. 

C. Basis for Complaint. Complaints may be submitted regarding a matter relating to the 

regulation or supervision of a regulated entity by FHFA that is not otherwise subject 

to resolution in another forum, that cannot be submitted as an appeal to the 

Ombudsman, and that has not previously been considered by the Ombudsman. 

Complaints may also be based on a claim of retaliation by FHFA or FHFA staff for a 

prior submission to the Ombudsman of a complaint or appeal.

1. Matters relating to regulation and supervision include those arising in the course 

of FHFA examinations and regulatory activity, for example, about the 

examination process. They do not include:

a. FHFA legal interpretations of statute or regulation;

b. Employment or business disputes between a regulated entity or OF and an 

employee, contractor, vendor, service provider, or investor; or

c. FHFA’s appointment of a conservator or receiver, or matters under the 

authority of a conservator or receiver;

2. The Ombudsman will not consider complaints based on matters that are otherwise 

subject to resolution in another forum, including:

a. Matters subject to litigation, arbitration, or mediation;

b. Matters within the jurisdiction of the FHFA Office of Inspector General 

(OIG), including matters contained in any OIG recommendation; or

c. Requests or appeals under the Freedom of Information Act or Privacy Act 

or relating to disclosure or non-disclosure of information.

3. The Ombudsman will treat any complaint submitted regarding a final regulatory 

or supervisory conclusion, finding, decision, or rating as an appeal (see Section III 

below).

III. Appeals

A. Eligibility. To be eligible for Ombudsman consideration, an appeal must be 

submitted by a regulated entity.
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B. Basis for Appeal. An appeal must be based on a final regulatory or supervisory

conclusion, finding, decision, or rating that is not subject to resolution in another 

forum and has not previously been considered by the Ombudsman.

1. Final regulatory and supervisory determinations must be documented in a formal, 

written communication to the regulated entity. The following matters will not be 

considered by the Ombudsman:

a. FHFA’s interpretation of a law or regulation;

b. Preliminary or draft conclusions, findings, or ratings;

c. Any matter relating to another regulated entity;

d. FHFA’s appointment of a conservator or receiver, or matters under the 

authority of a conservator or receiver;

2. Matters that are otherwise subject to resolution are not eligible for Ombudsman 

consideration. These include:

a. Any matter in litigation, arbitration, mediation, or enforcement 

proceedings, including FHFA decisions made in the course of preparing or 

issuing a formal enforcement action;

b. Any matter within the jurisdiction of the OIG, including a matter

contained in any OIG recommendation; or

c. Requests or appeals under the Freedom of Information Act or Privacy Act 

or relating to disclosure or non-disclosure of information.

IV. Submission Procedures

A. Content of Complaints. Complaints must be in writing and include the following 

information: 

1. Name, address, email address and telephone number of the person submitting the 

complaint;

2. If the complaint is based on a business relationship, a description of the business 

relationship and identification of the regulated entity or OF;

3. Name, address, email address and telephone number of any other person the 

submitter requests the Ombudsman to contact about the complaint;

4. A description of the regulatory or supervisory basis for the complaint, including 

documentation supporting the complaint and a description of any prior efforts to 

resolve the matter;

5. A description of the resolution requested; and 

6. Whether confidential treatment is requested.
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B. Content and Deadline for Appeals. Appeals must be in writing and must be 

submitted within sixty (60) calendar days after the regulated entity’s receipt of the 

final written regulatory or supervisory conclusion, finding, decision or rating being 

appealed. Appeals must include the following information: 

1. The regulated entity on whose behalf the appeal is submitted and documentation 

of senior management approval of submission of the appeal;

2. Name, address, email address and telephone number of the person submitting the 

appeal and other person(s) the submitter requests the Ombudsman to contact 

about the appeal;

3. The final written regulatory or supervisory conclusion, finding, examination 

report or rating being appealed, and supporting documentation;

4. A description of prior efforts to resolve the matter;

5. A description of the resolution requested; and 

6. Whether confidential treatment is requested.

C. Method for Submission of Complaints and Appeals. Complaints and appeals must be 

submitted in writing and include the information above. No specific form is required.

Electronic submissions may be submitted at: 

https://www.fhfa.gov/AboutUs/Contact/Pages/File-a-complaint.aspx

Or by email to: Ombudsman@fhfa.gov

Paper submissions may be sent via U.S. mail to: Ombudsman, Federal Housing 

Finance Agency, Constitution Center, 400 7th Street, SW, Washington, D.C., 

20219. 

For information on Accessibility and Section 508 of the Rehabilitation Act, click on this 

link https://www.fhfa.gov/AboutUs/Policies/Pages/Accessibility.aspx.

If you have a disability and the format of any material on our Web pages interferes with 

your ability to access the information, please contact the Agency’s webmaster 

at FHFAWebmaster@FHFA.gov or at 202-649-3031.

V. Ombudsman Review and Disposition

A. Eligibility Determination. The Ombudsman will make preliminary inquiries to 

determine whether a submission is complete and is an eligible complaint or appeal.

1. If a complaint or appeal appears incomplete, the Ombudsman will request 

additional information. If a submitter does not provide the information requested 
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to complete the submission within the time set by the Ombudsman, the 

submission may be administratively closed. The Ombudsman will acknowledge a 

complaint or appeal within ten (10) business days after receipt of a complete 

submission. 

2. After a submission is complete, the Ombudsman will make a determination

whether it is eligible for consideration. If it is not eligible, for example, because it 

is subject to resolution in another forum (e.g., another FHFA office, a different 

agency, or a regulated entity or OF), the Ombudsman will advise the submitter of 

such ineligibility and may, if applicable, refer the submitter to the appropriate 

forum.

B. Ombudsman Review. After determining that a complaint or appeal is complete and 

eligible for consideration, the Ombudsman will conduct a review. 

1. Methods of Review: The Ombudsman has discretion to determine appropriate 

methods for conducting a review and may request information from the submitter; 

any FHFA employee or office; the relevant regulated entity or OF; or other 

relevant parties. If the submitting party fails to cooperate with a review, the 

Ombudsman may administratively close the complaint or appeal and notify the 

submitting party.

2. Timeframe for Review: No later than later than ninety (90) days after 

determination that a complaint or appeal is complete and eligible, the 

Ombudsman will conclude the review or extend the time for concluding the 

review and notify the submitting party. 

3. Confidentiality: If a party to a complaint or appeal requests confidentiality, the 

Ombudsman will not disclose information submitted by that party without 

approval by the requesting party, other than to reviewing officials (including OIG) 

and as otherwise required by law. The Ombudsman will advise a submitter if a 

request for confidentiality is likely to prevent effective completion of a review. 

4. Retaliation: The Ombudsman will review complaints of retaliation in 

consultation with the FHFA OIG. 

C. Disposition. Within forty-five (45) days following the conclusion of the review, the 

Ombudsman will either document closure of the complaint or appeal or will submit 

findings of fact and recommendations to the FHFA Director. 

1. Closure by Withdrawal: A submitter’s withdrawal of a complaint or appeal

results in closure.
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2. Administrative Closure: The Ombudsman may administratively close a 

complaint or appeal if the Ombudsman determines that it cannot effectively be 

resolved through Ombudsman consideration (including due to failure by the 

submitter to provide requested information or due to confidentiality constraints)

or that it should be referred to another forum for resolution. The Ombudsman 

will notify the submitting party of administrative closure.

3. Resolution by Consent: A submitter may consent to a proposed resolution of the 

complaint or appeal. The Ombudsman may extend the review to allow for 

monitoring of any actions provided in the consent resolution. Following the 

monitoring period, the Ombudsman will close the complaint or appeal. 

4. Resolution by Decision: The Ombudsman will submit findings of fact and 

recommendations (including recommended Agency actions) to the Director for 

resolution of a complaint or appeal by decision. Decisions may be issued by the 

Director or the Director may delegate decision authority to the Ombudsman.