Herbert, Brendan

Brendan I. Herbert


Partner

 

Overview

Brendan Herbert is a Partner 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, loan servicers, and debt collectors 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 measured trial experience and works with his clients on formulating creative litigation strategy tackling complex legal issues and to defend claims pursued by vexatious or repeat litigants.  He works closely with his clients to provide guidance ensuring regulatory compliance and litigation or enforcement action avoidance.

Financial Services Litigation
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 state specific unfair, deceptive, or abusive acts and practices (UDAAP) claims in numerous jurisdictions across the country.

Rehabilitation & Renovation Loan Litigation & Compliance
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.

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.

Regulatory & Statutory Compliance
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.

Telephone Consumer Protection Act Litigation
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.

Representative Experience

  • Sally Marlowe v. Bayview Loan Servicing, LLC et al., Case No. 8:18-cv-01829-CEH-AAS (M.D. Fla., 2019) (Obtained dismissal of RESPA and FDCPA claims)
  • Hugo Morales et al. v. Bank of New York Mellon, as Trustee, Miami-Dade County Florida Case No. 13-000808-CA-01 (Prevailed in defending claims against Trustee alleging violations of Florida’s Racketeer Influenced and Corrupt Organization Act and declaratory judgment)
  • U.S. Bank, NA, as Trustee v. Daniel Lewis et al., Case No.St. Lucie County, Florida Case No. 56-2017-CA-00120 (Mar. 13, 2019) (Obtained final judgment of foreclosure at conclusion of trial)
  • Julianne Part et al. v. Cenlar, FSB et al., Howard Co., Maryland, Case No. C-13-CV-19-000191 (Obtained dismissal of claims against mortgage lender and servicer alleging violations of Maryland Consumer Debt Collection Act and Maryland Mortgage Fraud Protection Act)
  • The Bank of New York Mellon, as Trustee v. Kevin Shaffer et. al., Sarasota County, Florida, Case No. 2012 CA 008886 (Obtained $5.1 million foreclosure judgment in highly contested foreclosure action)
  • Meritage Homeowners’ Assoc. v. Bank of New York, as Trustee, Case No. 6:16-cv-00300-AA (D. Ore., Apr. 18, 2018) (Obtained summary judgment in favor of Trustee on claims by homeowner’s association for unpaid assessments)
  • Holly Bierbower v. Homebridge Financial Services et. al., Case No. 4:17-cv-00776-O (N.D. Tex., Sept. 26, 2018) (obtained summary judgment on claims alleging violations of the TDCA and wrongful foreclosure).
  • Shore v. Fay Servicing, LLC et al., 2017 WL 1494509 (S.D. Fla. April 20, 2017) (Obtained dismissal with prejudice of putative nationwide class action alleging violations of FDCPA and RESPA)
  • Ditto v. JPMorgan Chase Bank, N.A., 2017 U.S. Dist. LEXIS 8463 (S.D. Fla. Jan. 17, 2017) (Obtained dismissal of RESPA claim against repeat filer law firm)
  • 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)
  • Peterson v. M&T Bank Corporation, et al., 2016 U.S. Dist. LEXIS 164408 (S.D. Fla., Nov. 28, 2016) (Secured dismissal with prejudice of wrongful foreclosure and negligence claims)
  • Pinson v. JPMorgan Chase Bank, N.A., 2016 U.S. Dist. LEXIS 142667 (S.D. Fla., October 13, 2016) (Obtained dismissal of FDCPA, FCCPA, FCRA, and other common law claims)
  • 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)
  • Lawrence v. Bayview Loan Servicing, 152 F.Supp. 3d 1376 (S.D. Fla. 2016) (Obtained summary judgment on TCPA claim)
  • PennyMac Corp. v. Gian-Ric Investment, et al., Miami-Dade Circuit Court, No. 13-18125-CA-10 (Secured final judgment of foreclosure after highly contested 2-day trial)
  • 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)
  • Hill v. Nationstar Mortgage LLC, et. al., 2015 WL 4478061 (S.D. Fla. 2015) (Obtained dismissal without prejudice of class action against loan servicer and property inspection subsidiary alleging violation of violations of Federal and Florida RICO statutes and for breach of contract)
  • Madura v. BAC Home Loans Servicing L.P., et al., 593 Fed. Appx. 834 (11th Cir. 2014) (Affirmation of order granting summary judgment of foreclosure brought as counterclaim in Middle District of Florida)
  • 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)
  • Brito v. Countrywide Home Loans Servicing, L.P., 122 So. 3d 877 (Fla. 3d DCA 2013) (Served as both trial counsel and appellate counsel in residential mortgage foreclosure action in which mortgagor challenged satisfaction of paragraph 22 acceleration)
  • 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)
  • Hack v. Wachovia Bank, N.A., 2012 WL 3043017 (S.D. Fla. 2012) (Secured dismissal with prejudice in for client alleged to have violated RESPA, TILA, FDCPA, and HOEPA)
  • Riddell v. New Century Mortgage Corp., 2010 WL 4775067 (S.D. Fla. 2010) (Obtained dismissal with prejudice of TILA and RESPA claims)

Professional Affiliations and Recognitions

  • Recognized as a Top Lawyer in the 2019 South Florida Legal Guide (Commercial Litigation)
  • Named, “Rising Star,” Super Lawyers Magazine, 2014-2018
  • Named, “Forty Under Forty Outstanding Lawyers of South Florida,” Cystic Fibrosis Foundation, 2016
  • Named, “Up and Comer,” Florida Trend Legal Elite, 2011