• vcard
305.921.1820
  • Education
    • J.D., University of Miami School of Law, 2009
    • B.A., Dartmouth College, 2004, Government
  • Court Admissions
    • U.S. Supreme Court
    • U.S. Court of Appeals, First Circuit
    • U.S. Court of Appeals, Second Circuit
    • U.S. Court of Appeals, Third Circuit
    • U.S. Court of Appeals, Fifth Circuit
    • U.S. Court of Appeals, Ninth Circuit
    • U.S. Court of Appeals, Eleventh Circuit
    • U.S. District Court, Middle District of Florida
    • U.S. District Court, Northern District of Florida
    • U.S. District Court, Southern District of Florida

Brendan Herbert is a litigator who aggressively 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 strategy tackling complex legal and evidentiary issues.  Brendan works closely with his clients to provide guidance ensuring regulatory compliance and litigation or enforcement action avoidance.

 

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 also routinely represents servicers and opportunity funds in contractual disputes arising from the purchase and sale of both single and bulk loan transactions.  He has represented commercial lenders and servicers on claims asserting loan origination fraud and issues predicated upon pre-closing appraisals.

 

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 substantial 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 and other consumer protection statutes. Brendan frequently speaks on these topics to members of 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.

  • Won summary judgment on behalf of mortgage servicer and non-bank lender on claims alleging violation of the Connecticut Unfair Trade Practices Act and fraud.
  •  Secured dismissal of claims alleging fraud in misrepresentation in New Hampshire federal court action against non-bank lender.
  • Obtained dismissal of claims against mortgage servicer alleging violation of the Federal Fair Debt Collection Practices Act and Florida Consumer Collection Practices Act on the basis that monthly mortgage statements do not constitute “debt collection” under those acts.
  • Obtained dismissal of claims in Florida court against mortgage servicer alleging violations of the Real Estate Settlement Practices Act and Fair Debt Collection Act.
  • Obtained dismissal of claims against mortgage investor alleging violations of Florida’s Racketeer Influenced and Corruption Organization Act.
  • Obtained $2.1 million judgment at trial in favor of mortgage investor.
  • Won dismissal with prejudice of lawsuit against mortgage servicer alleging violations of Maryland Consumer Debt Collection Act.
  • Won summary judgment in Oregon Federal Court proceeding in favor of mortgage investor.
  • Successfully defeated claims against non-bank lender alleging violations of the Texas Debt Collection Act.
  • Obtained dismissal with prejudice of putative nationwide class action against mortgage servicer alleging violation of the Fair Debt Collection Practices Act.
  • Secured dismissal of RESPA claims in favor of mortgage servicer and order granting sanctions against plaintiff for filing frivolous claims.
  • Obtained dismissal with prejudice of claims in Florida federal court alleging wrongful foreclosure and negligence. 
  • Won summary judgment in favor of mortgage servicer in lawsuit alleging violations of the Telephone Consumer Protection Act.
  • Secured dismissal of lawsuit with prejudice against mortgage servicer alleging violations of the Equal Credit Opportunity Act.
  • Obtained dismissal without prejudice of putative class action against loan servicer and property inspection subsidiary alleging violation of Federal and Florida RICO statutes.
  • Secured dismissal with prejudice of claims-in-intervention by third party purchaser in mortgage fraud case, and secured.