Brendan I. Herbert is a senior counsel in the Miami and West Palm Beach offices of Locke Lord LLP where he focuses his practice on commercial litigation with an emphasis on representation of lenders and servicers in the consumer finance industry.
Brendan represents clients across the country in state and federal courts at both the trial and appellate levels. He has tried dozens of cases and has argued in front of appellate courts throughout Florida.
Brendan works with lending and servicing clients on formulating creative litigation strategy to defend claims pursued by vexatious or repeat litigants throughout state and federal courts, and routinely provides guidance to his clients to ensure regulatory compliance and litigation or enforcement action avoidance.
Brendan regularly represents his 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 the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).
Brendan uses his vast consumer finance experience and his familiarity with the construction industry to oversee a team of Locke Lord attorneys around the country 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.
Brendan has measured trial experience throughout Florida’s courts on contested foreclosure litigation. Brendan’s clients entrust him with the representation of some of the most challenging of foreclosure matters dealing with evidentiary issues, statute of limitations challenges, and counterclaims. Brendan employs an aggressive approach to these matters to avoid delay, and to achieve a quick, efficient result for his clients.
A substantial portion of Brendan’s practice involves counseling his clients on 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.
Brendan has represented some of the nation’s largest loan servicers in responding to both individual and class claims pursuant to 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.
- Annis v. JP Morgan Chase & Co., 2016 U.S. Dist. LEXIS 165367 (M.D. Fla. Nov. 18, 2016) (Obtained order granting sanctions against plaintiff’s counsel under the Court’s inherent authority for the filing and pursuit of a frivolous RESPA claim)
- Basora v. JPMorgan Chase Bank, N.A., 2016 WL 4059719 (S.D. Fla., July 29, 2016) (Secured dismissal of RESPA claim against servicer on basis that plaintiff failed to submit QWR to servicer’s designated address)
- Molina v. Aurora Loan Svcs., LLC et. al., Case No. 14-21354-CIV-JAL (S.D. Fla. January 30, 2015) (Secured dismissal with prejudice against borrower alleging FDUTPA, HAMP, TARP, and ECOA violations against loan servicer)
- Pappas v. PNMAC Mortgage Co., LLC, 134 So. 3d 466 (Fla. 3d DCA 2014) (Secured dismissal with prejudice of claims-in-intervention by third party purchaser in mortgage fraud case. Handled appellate argument, obtaining per curiam affirmation of dismissal)
- Madura v. BAC Home Loans Servicing L.P., et al., 851 F.Supp.2d 1291 (M.D. Fla. 2013) (Obtained order striking mortgage jury trial waiver which is currently one of the seminal cases used in the Middle District of Florida regarding paragraph 25 waiver application)
- J.D., University of Miami School of Law, 2009
- B.A., Government, Dartmouth College, 2004
Admissions : Florida
Admitted To Practice :
- U.S. Supreme Court
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Northern District of Florida
- U.S. District Court for the Southern District of Florida
Rate : $$$$