Brendan Herbert is the Practice Group Leader of Polsinelli’s Consumer Financial Services Litigation Group. An aggressive litigator, Brendan routinely represents his clients in federal and state trial and appellate courts across the United States. Brendan handles all manner of litigation with a particular emphasis on consumer and commercial banking, lending, loan servicing and debt collecting. He has measured trial experience and works with his clients on formulating creative litigation strategies tackling complex legal and evidentiary issues. Brendan works closely with his clients to provide guidance ensuring regulatory compliance and litigation or enforcement action avoidance.

Class and Loan Level Financial Services Litigation

Brendan regularly represents his consumer lending and servicing clients in litigation arising from claims alleging violations of the Real Estate Settlement Practices Act (RESPA), Truth-In-Lending Act (TILA), Home Ownership and Equity Protection Act (HOEPA), Fair Debt Collection Practices Act (FDCPA), Florida Consumer Collection Practices Act (FCCPA), Telephone Consumer Protection Act (TCPA), Fair Housing Act (FHA) and state-specific unfair, deceptive, or abusive acts and practices (UDAAP) claims in numerous jurisdictions across the country. Brendan is oftentimes asked by his clients to guide them through high-stakes, high-exposure litigation at both the class and loan levels. Admitted to two dozen Courts around the United States and having made special appearances in many others, Brendan has consistently obtained positive results for his clients nationally.

Brendan also routinely represents servicers and opportunity funds in contractual disputes arising from the purchase and sale of both single and bulk loan transactions and repurchase demands.

Rehabilitation & Renovation Loan Litigation & Compliance

Brendan counsels clients on issues arising from the intricacies of rehabilitation and renovation loan products, such as FHA 203k Renovation Loans, FNMA HomeStyle Remodel Loans, and repair escrow agreements. Brendan is often brought in early in the dispute process in an effort to avoid litigation and facilitates the timely and complete performance of the construction portion of these loans to avoid escalation or loan repurchase. He works with his clients to ensure compliance with HUD servicing guidelines and defends claims asserted against his clients alleging lender and servicer liability that are unique to these products.

Florida Foreclosure Litigation

Brendan has over a decade of trial experience throughout Florida’s court system on contested foreclosure litigation. His clients entrust him with the representation of some of the most challenging of foreclosure matters dealing with evidentiary issues, statute of limitations challenges, prior servicer records, and counterclaims. Brendan employs an aggressive approach to these matters to avoid delay, and to achieve a quick, efficient result for his clients.

Consumer Regulatory & Statutory Compliance

Brendan regularly works with his consumer loan servicing clients to ensure regulatory and statutory compliance, particularly navigating them through the intricacies of Regulation X and Z, respectively, and ensuring routine compliance with the FDCPA, FCRA, and other federal and state consumer protection statutes. Brendan frequently speaks on these topics to members of the consumer finance industry, as well.

Telephone Consumer Protection Act Litigation

Brendan has defended some of the nation’s largest lenders and loan servicers in responding to both individual and class claims alleging violations of the TCPA. He has obtained several successful orders for his clients addressing nuanced issues such as revocation of consent and the definition of an autodialer.

Commercial Litigation

In addition to his consumer financial services litigation practice, Brendan’s experience also extends to the commercial litigation arena, as he has represented clients in the construction, health care, and hospitality industries in federal and state courts.