Brendan I. Herbert
About Brendan
Brendan is a consumer and commercial banking litigator who represents mortgage servicers, lenders, and financial institutions in federal and state courts nationwide. His practice centers on defending claims under the Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA), Fair Debt Collection Practices Act (FDCPA), and related state consumer‑protection statutes.
Brendan advises clients in high‑stakes litigation and on regulatory compliance, including counseling lenders on rehabilitation and renovation loans to prevent disputes and ensure compliance with Department of Housing and Urban Development (HUD) guidelines.
He brings more than a decade of experience handling contested foreclosure litigation in Florida and is known for an aggressive, efficient approach to case resolution. Brendan also defends lenders against Telephone Consumer Protection Act (TCPA) claims and represents clients in commercial disputes involving the construction and healthcare industries.
Areas of Focus
Experience
- Won summary judgment for mortgage servicer and non‑bank lender on Connecticut Unfair Trade Practices Act and fraud claims.
- Secured dismissal of fraud and misrepresentation claims against non‑bank lender in New Hampshire federal court.
- Obtained dismissal of FDCPA and state consumer‑collection claims (Florida, Maryland, Texas), including rulings that monthly mortgage statements do not constitute “debt collection.
- Obtained dismissal of RESPA claims in multiple actions, including an order granting sanctions for frivolous filings.
- Secured dismissal of Florida RICO claims against mortgage investor and dismissal of federal and Florida RICO putative class action against loan servicer and affiliate.
Recognition
- South Florida Legal Guide, Top Lawyer in Commercial Litigation, 2019
- Florida Super Lawyers, Rising Star, 2014 – 2018
- Cystic Fibrosis Foundation, "Forty Under Forty" Outstanding Lawyers of South Florida, 2016
- Florida Trend Magazine, Florida's Legal Elite, Up and Coming, 2011
Credentials
Education
- University of Miami School of Law, JD, 2009
- Dartmouth College, BA, 2004
Bar Admissions
- Florida
- Maryland
Court Admissions
- US Supreme Court
- US Court of Appeals for the First Circuit
- US Court of Appeals for the Second Circuit
- US Court of Appeals for the Third Circuit
- US Court of Appeals for the Fourth Circuit
- US Court of Appeals for the Fifth Circuit
- US Court of Appeals for the Ninth Circuit
- US Court of Appeals for the Eleventh Circuit
- US District Court for the Middle District of Florida
- US District Court for the Northern District of Florida
- US District Court for the Southern District of Florida
- US District Court for the Northern District of Illinois
- US District Court for the Northern District of Indiana
- US District Court for the Southern District of Indiana
- US District Court for the Eastern District of Michigan
- US District Court for the Eastern District of Missouri
- US District Court for the Eastern District of Oklahoma
- US District Court for the Eastern District of Wisconsin
- US District Court for the Western District of Wisconsin
Thought Leadership
Press Release
Thought Leadership
Press Release
Brendan's Insights
Press Release
Apr 30, 2026
Six-Attorney Team Joins Hinshaw’s Consumer Financial Services Group
Press Release
Apr 30, 2026
Six-Attorney Team Joins Hinshaw’s Consumer Financial Services Group
