Brian M. Serafin
Contacts
Brian represents financial services and mortgage industry clients in individual and class actions, appeals, administrative proceedings, and arbitration. His practice includes general business and commercial litigation, and matters involving the False Claims Act (FCA), Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA), Equal Credit Opportunity Act (ECOA), Dodd-Frank Act, Fair Credit Reporting Act (FCRA), and other consumer protection and financial services laws. Brian also advises and represents clients in government investigations and enforcement proceedings by agencies such as the Consumer Financial Protection Bureau (CFPB), the Department of Housing and Urban Development (HUD), and the Department of Justice.
In addition to his litigation practice, Brian provides counsel to mortgage lenders, servicers, and other financial services providers regarding compliance with state and federal laws governing the mortgage industry.
Practice Areas
- Investigation and Enforcement
- Litigation
- Federal Law Claims
- State Law Claims
- Business Matters and Disputes
- Class Action Defense
- Individual Actions
- Regulator Compliance
- Federal Regulatory Compliance
Education
- Georgetown University Law Center, J.D., magna cum laude, 2009
- Emory University, B.A., 2004
Admissions
- District of Columbia
- Maryland
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Maryland
Representative Matters
- Defend mortgage lenders, servicers, and financial institutions against consumer class actions
- Defend mortgage lenders in government investigations and enforcement actions alleging False Claims Act violations in connection with the FHA mortgage insurance program
- Represent financial services companies in responding to investigations by the CFPB, DOJ, HUD OIG, the FTC, and the FDIC
- Represent mortgage lenders and brokers in matters involving breaches of employee confidentiality and non-solicitation agreements, and misappropriation of loans and trade secrets
- Defend mortgagees in debarment proceedings and actions to withdraw approval to originate FHA-insured mortgages
- Advise financial services start-up companies on compliance with federal and state regulatory requirements
Publications
- Co-author, 2 Rulings Serve As Conversion Fee Warnings For Banks, Law360 (July 2024)
- Co-author, SEC v. Jarkesy: Implications for Administrative Enforcement Actions by the CFPB, Banking & Financial Services Policy Report (May 2023)
- Co-author, Fair Credit Reporting Act Resource Guide, MBA Compliance Essentials (MBA 2019)
- Chapter contributor, Real Estate and Mortgage Banking: A New Era of Regulatory Reform (Thomson Reuters 2017-2018)
- Comparative Fault and Contributory Negligence as Defenses in Attorney Breach of Fiduciary Duty Cases, 21 Geo. J. Legal Ethics 993 (2008)
Recognition
- Rising Star, Washington, DC, Super Lawyers Magazine, 2017-20 (Super Lawyers recognition is a Thomson Reuters service)
- District of Columbia Courts, Pro Bono High Honor Roll