Hinshaw & Culbertson LLP is excited to announce that Brian McGrath, partner and co-chair of the firm’s Consumer Financial Services group, has been selected by Crain’s New York Business as a 2026 Notable Leader in Accounting, Consulting & Law.

Hinshaw & Culbertson LLP is delighted to announce that partner Brian McGrath is among the honorees selected by The New York Law Journal as Distinguished Leaders in the 2025 New York Legal Awards.

Hinshaw & Culbertson LLP, a U.S.-based law firm with offices nationwide, today announced that Brian McGrath, partner and co-leader of the firm’s Consumer Financial Services practice group, has been appointed to serve on the firm’s Management Committee.

Read about the significance of New York’s Foreclosure Abuse Prevention Act (FAPA) for mortgage lenders and loan servicers, as Hinshaw partner Brian McGrath discusses in a recent Newsday article.

Read Hinshaw partner Brian McGrath’s analysis in recent National Mortgage News coverage about the New York Court of Appeals’ consideration of the Foreclosure Abuse Prevention Act (FAPA) and its retroactive application to legacy loans.

Read Brian McGrath's profile by the New York Law Journal discussing some of his proudest recent professional accomplishments, how working with Jeffrey Kessler of Winston & Strawn helped inspire his own approach to leadership, and the importance of hard work and learning from your failures as a lawyer.

Hinshaw proudly serves as a Diamond Sponsor of the Mortgage Bankers Association’s Legal Issues and Regulatory Compliance Conference in Miami from May 4 to 7, 2026.

Join industry-leading automotive finance attorneys in Chicago on April 23, 2026, for a day-long complimentary seminar on the latest federal and state developments impacting consumer and commercial lending within the industry.

Hinshaw partners Lauren Campisi and Brian McGrath will present at the Mortgage Bankers Association’s (MBA) Servicing Solutions Conference and Expo in Dallas, Texas, from February 16 to 19, 2026.

Hinshaw Partner Brian McGrath will present at the Annual Advocacy Conference presented by the New York Mortgage Bank Association (New York MBA). McGrath’s presentation—titled “Anti-Engel Proposed Legislation (S.5473D/A.7737B) and S.2143/A.2428”—will discuss how these proposed bills would change existing laws and rules that govern mortgage foreclosures, the statute of limitations, potential impacts to default servicers, and the foreclosure process.

Increased regulatory enforcement is on the horizon. Foreclosure activities will eventually resume. Consumer litigation will follow.

On May 5, 2021, the U.S. District Court for the District of Columbia struck down the Centers for Disease Control and Prevention's nationwide eviction moratorium. According to the court, the CDC exceeded the scope of its authority under the Public Health Services Act, 42 U.S.C. § 264(a) (PHSA) when it enacted the "Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19" (CDC Order). The decision could have wide-reaching ramifications and set a precedent for challenges to various eviction and foreclosure moratoriums across the country.

Last year, as we reported, the Second Circuit requested that the New York Court of Appeals rule on two certified questions concerning predicate notices in foreclosure actions. On March 30, 2021, the Court of Appeals issued its decision in Schiffman on the questions certified by the Second Circuit concerning New York Real Property Actions and Proceedings Law (RPAPL) §§ 1304 (90-day predicate notice) and 1306 (pre-foreclosure filing with the superintendent of banks).

The New York Court of Appeals reversed four Appellate Division decisions and decided in favor of the mortgagees in a consolidated decision issued on February 18, 2021, ruling, inter alia, that:

In anticipation of the expiration of federal COVID-19 pandemic foreclosure protections, the Consumer Financial Protection Bureau has issued a final rule amending its federal mortgage servicing regulations. Among other changes, effective from August 31, 2021 through December 31, 2021, a borrower must be given an opportunity by the mortgage servicer to explore all available loss mitigation options before a foreclosure proceeding can be commenced on a borrower's principal residence. The final rule also gives servicers greater flexibility to offer borrowers COVID-19-related streamlined loan modifications, creates new, temporary early intervention requirements for live contact, and clarifies how to exercise reasonable diligence with respect to incomplete loss mitigation applications related to COVID-19.