People

Catherine M. Brennan
Partner
410.865.5405    
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Maryland
7037 Ridge Road
Suite 300
Hanover, MD 21076
Toll Free: 888.422.7529
410.684.3200
Fax: 410.684.2001
Professional Experience

Cathy is a partner in the Hanover, Maryland office. She assists national and state banks, investment banks, commercial finance companies, savings associations, mortgage bankers and other licensed lenders in the development and maintenance of nationwide consumer mortgage and motor vehicle finance programs. Cathy engages in consumer credit due diligence on behalf of investors of mortgage loan companies, mortgage loan servicers, Internet lenders, consumer finance companies, title loan companies and payday lenders.

Cathy was the Assistant City Solicitor/Assistant State's Attorney for the Department of Housing and Community Development, Code Enforcement Legal Section from April 2001 to January 2004.

Cathy also represented the Mayor and City Council of Baltimore City in the civil prosecution and the State of Maryland in the criminal prosecution of owners of properties in violation of the Baltimore City Building, Housing and Zoning Codes, obtained search warrants to investigate possible violations of municipal law, provided technical assistance with press and public relations to the Director of the Code Enforcement Legal Section, and worked with communities and lenders on foreclosed properties to address complaints.

She was the Education Director, Advocates for Children and Youth from November 1999 - April 2001. Cathy was Staff Director for The New Maryland Education Coalition from November 1999 - April 2001. She was the Staff Attorney for The Women's Law Center of Maryland, Inc. from January 1999 - November 1999 and was the Pro Bono Project Coordinator for the Bar Association of Baltimore City from August 1997 - January 1999. Cathy was also a Legal Writer for The (Baltimore) Daily Record from October 1995 - August 1997.

Cathy received her law degree in 1995 from the State University of New York at Buffalo and received her Bachelor of Arts degree in English and Psychology from Fordham University in 1992.

Education

State University of New York at Buffalo, Amherst, NY, J.D., May 1995.

Fordham University, Bronx, NY, B.A. in English and Psychology, May 1992.

Professional Memberships and Activities

Maryland State Bar (admitted 1996)

New York State Bar (admitted 1996)

Pennsylvania State Bar (admitted 2006)

U.S. District Court for District of Maryland (admitted 1997)

American Bar Association

Maryland State Bar Association

New York State Bar Association

Former Co-Chair, Truth in Lending Subcommittee, Consumer Financial Services Committee, Section of Business Law, American Bar Association.

Vice-Chair, Truth in Lending Subcommittee, Consumer Financial Services Committee, Section of Business Law, American Bar Association 2008 to 2010.

Former American Bar Association Section of Business Law Liaison, ABA Commission on Sexual Orientation and Gender Identity

Speeches and Publications

Co-Panelist, "FinTech Developments" - Consumer Financial Services Conference, April 2017.

Co-Panelist, "Regulatory Developments, Advertising, Rates and Industry Disclosure Efforts" - Consumer Financial Services Conference, April 2017.

Co-Panelist, "Regulatory Developments Including ISO and Broker Issues and Government Advocacy" - Consumer Financial Services Conference, April 2016.

Co-Panelist, "Bank Partnership and the Valid When Made Doctrine: Update on Madden v Midland" - Consumer Financial Services Conference, April 2016.

"The Commonwealth Decision" Basis Points®, Issue 75, February 2016.

"Asset Purchase or Consumer Loan: One State High Court Weighs In" Basis Points®, Issue 74, December 2015/January 2016

"New CFLL Broker Law" Basis Points®, Issue 74, December 2015/January 2016 (with Robert A. Cook).

"Can California Lenders Pay Referral Fees to Unlicensed Brokers?" deBanked, December 2015 (with Robert A. Cook and Katherine C. Fisher).

"PayPal Ordered to Pay Up" Dealer Business Journal, Volume 12, Issue 6, July/August 2015.

"Copycatting Madden" Basis Points®, Issue 69, July 2015.

Co-Panelist, "Preparing for Regulatory Due Diligence" - Consumer Financial Services Conference, June 2015.

"Madden v. Midland Funding" Basis Points®, Issue 68, June 2015 (with Meghan S. Musselman).

"CFPB Proposes Disruptive Payday and Installment Loan Rules" Basis Points®, Issue 67, May 2015.

"Notice Required!" Spot Delivery, Vol. 17, Issue 10, May 2015.

"A Road Map to Compliance" Dealer Business Journal, Volume 12, Issue 4, April 2015.

"Is Stacking Tortious Interference?" Basis Points®, Issue 66, April 2015 (with Robert A. Cook and Katherine C. Fisher).

"New Horizons: Latest Developments in Products and Compliance Issues," Community Financial Services Association Meeting, Carlsbad, California, March 5, 2015 (with H. Blake Sims).

"Arizona's Anti-Deficiency Statute: A Win for Creditors" Basis Points®, Issue 64, February 2015.

"Lessons from DriveTime" Spot Delivery, Vol. 17, Issue 6, December 2014.

"Understanding and Consideration of CFPB Enforcement Actions is Warranted - Defining the Standard of the "Abusive" Test," Currents, Vol. 10, No. 3, Show Guide 2014, October 2014.

The Law of Truth In Lending: An Update of Truth in Lending. Alvin C. Harrell, editor. Chapter 5, "Closed-End Disclosures," with Meghan S. Musselman and Timothy P. Meredith, 2014.

"FTC Comments on State Bills Concerning Direct-to-Consumer Sales by Auto Manufacturers," Spot Delivery, Vol. 16, Issue 11, June 2014.

Co-Panelist, "Title Lending" - Consumer Financial Services Conference, May 2014.

"FTC Cracks Down on Dealerships with 'Operation Steer Clear'," Spot Delivery, Vol. 16, Issue 7, January/February 2014.

"Social Media Guidance," Basis Points®, Issue 52, December 2013/January 2014.

"California Consumer Group Proposes Bombshell Car Buyers "Protection Act"," Spot Delivery, Vol. 16, Issue 6, December 2013.

"Zoning: Another Arrow in the Consumer Advocate Quiver," Basis Points®, Issue 50, October 2013 and Spot Delivery, Vol. 16, Issue 4, October 2013.

Co-Panelist, "Auto Finance: Title Lending" - Consumer Financial Services Conference, May 2013.

"State AGs Looking for Deception," Spot Delivery, Vol. 15, Issue 2, August 2012.

Co-Panelist, "Housing Finance: Federal and State Law Developments in Mortgage Servicing" - Housing and Auto Finance Workshop, May 2012.

"Adverse Action Requirements in a Multi-Creditor Environment," Spot Delivery, Vol. 14, Issue 9, April 2012.

"South Carolina Transfer Fee Covenants," Basis Points®, Issue 33, April 2012.

"Justice Department Reaches $335 Million Settlement to Resolve Allegations of Lending Discrimination by Countrywide Financial Corporation," Basis Points®, Issue 31, January/February 2012.

"HUD Focuses on Maternity Discrimination," Basis Points®, Issue 30, December 2011.

"CSBS and AARMR Make the Case for Expansion of NMLS into Registration of Non-Mortgage Lenders," Basis Points, Issue 29, November 2011.

"CFPB Has Busy First Two Months," Basis Points, Issue 28, October 2011.

"Maryland AG Obtains Multi-Million Dollar Judgment Against Service Contract Provider," Spot Delivery, Vol. 14, Issue 4, October 2011.

"Texas Dealer Convicted in Title Washing Scheme," Spot Delivery, Vol. 14, Issue 4, October 2011.

"The Power of Discussion," Spot Delivery, Vol. 14, Issue 4, October 2011.

"Chicago, Chicago! Banks Feel the Burn from Pre-Ownership," Basis Points, Issue 27, September 2011.

"Hidden Finance Charge Theory Loses at Federal Appeals Court," Spot Delivery, Vol. 14, Issue 2, August 2011.

"Brewing Preemption Rules Fight - Round One," Basis Points, Issue 26, August 2011.

"Bankruptcy Court Continues to Be a Battleground over the Defense of Marriage Act," Basis Points, Issue 25, August 2011.

"Dealer Participation - Disparate Impact Analysis Alive and Well," Spot Delivery, Vol. 13, Issue 12, July 2011.

"Bankruptcy Court Battleground over the Defense of Marriage Act," Basis Points, Issue 24, June 2011.

Co-Panelist, "Special Handling: Federal and State Protections and Requirements for the Military and Other Populations in Mortgage Foreclosures" - Housing and Auto Finance Workshop, May 2011.

"Rumblings for Enhanced Business Lending Regulation,"Basis Points, Issue 23, May 2011.

"GMAC Wins Round in Maine Robo-Signing Litigation,"Basis Points, Issue 23, April 2011.

"Using Data to Protect Your Bottom Line," Spot Delivery, Vol. 13, Issue 9, April 2011.

"Title Lending Legislative Developments," Spot Delivery, Vol. 13, Issue 8, April 2011.

"Same-Sex Couples and Consumer Credit Rights," Banking and Financial Services Policy Report, Vol. 30, No. 3, March 2011.

"Fraud 101," Spot Delivery, Vol. 13, Issue 8, March 2011.

"Truth in Lending Update 2010," The Business Lawyer, Vol. 66, No. 2, February 2011 (with Jacqueline A. Parker and Jeffrey P. Naimon).

"2011 Payday Lending Legislative Developments," Basis Points, Issue 21, March 2011.

"Lease-Here, Pay-Here and Fair Credit Concerns," Spot Delivery, Vol. 13, Issue 7, January/February 2011.

"Payday Lending Settlement Offers Guidance on Practices that Protect Consumer Interests,"Basis Points, Issue 20, January/February 2011.

"Common Sense Decisions for Dealers Bring Year-End Good Cheer," Spot Delivery, Vol. 12, Issue 6, December 2010.

"The Bureau of Consumer Financial Protection and the Abusive Dilemma," Basis Points, Issue 19, December 2010.

"WTF Does Abusive Mean?," Payday Loan Bar Association Meeting, Monterey, California, November 12, 2010.

"Loan Documentation - What Should (and Shouldn't) Be Included in Your Loan Documentation," American Association of Private Lenders Fall Conference, Las Vegas, Nevada, November 5, 2010.

"Brave New World of Bank Preemption," Banking and Financial Services Policy Report, Vol. 29, No. 9, November 2010 (with Meghan S. Musselman).

"Hope for the HOEPA? Dodd-Frank Allows Cures for Inadvertent HOEPA Loans," Basis Points, Issue 18, November 2010.

"Heightened Concern for Mortgage Advertising - FTC Seeks to Clamp Down on Deceptive Mortgage Ads," Basis Points, Issue 18, November 2010.

"No Good Deed Goes Unpunished," Spot Delivery, Vol. 13, Issue 5, November 2010.

"Dodd-Frank - A New Landscape for National Banks and Debt Cancellation Products," Basis Points, Issue 17, October 2010 (With Robert A. Cook).

"Unauthorized Practice of Law Claims: Roadblock to Foreclosure," Basis Points, Issue 17, October 2010.

"Federal Reserve Board Issues Final, Interim, and Proposed Rules in Advance of Transfer of Power to Consumer Financial Protection Bureau," Basis Points, Issue 16, September 2010.

"Collection Agencies, Debt Collectors Look to New Regulator Under Dodd-Frank," Basis Points, Issue 16, September 2010.

"Time to Gear Up the Offense: You Better Be Ready for New Laws, Regulations," Dealer Business Journal, Vol. 7, Issue 8, August 2010.

"Consumer Financial Protection Act Brings Sweeping Changes in Consumer Financial Services Regulation," Basis Points, Issue 15, August 2010 (with Anne P. Fortney).

"Preemption Landscape Changes as Consumer Protection Ascends," Basis Points, Issue 15, August 2010.

"You Can Only Know What You Know," Spot Delivery, Vol. 13, Issue 1, July 2010.

"Arbitration - In the Eye of the Storm," Spot Delivery, Vol. 13, Issue 1, July 2010 (with Nicole Frush Munro).

"Tribal Sovereign Immunity and State Consumer Protection Laws," Basis Points, Issue 14, July 2010.

"The Regulators are Coming!," Spot Delivery, Vol. 12, Issue 11, June 2010.

"Lender Fiduciary Duties - Courts Stretch to Protect Vulnerable Borrowers," Basis Points, Issue 13, June 2010.

"Arbitration:Check the Arbitration Organizations Listed in Your Arbitration Agreement," Spot Delivery, Vol. 12, Issue 10, May 2010.

"The Order of Things: Rooker-Feldman A Powerful Tool for Mortgage Creditors," Basis Points, Issue 12, May 2010.

"TILA Updates," Consumer Financial Services Committee Meeting, American Bar Association, Denver, Colorado, April 2010.

"Consumer Gripe Websites - You Can't Beat Them," Spot Delivery, Vol. 12, Issue 9, April 2010.

"Spring Cleaning for Dealer Advertising," Spot Delivery, Vol. 12, Issue 9, April 2010.

"Closing Loopholes: States Target Appraisal Management Companies," Basis Points, Issues 11, April 2010.

"2010 Payday Lending Legislative Developments," Basis Points, Issues 11, April 2010.

"Legal Boot Camp - What You Ought to Know About the SAFE Act," National Hard Money Association/American Association of Private Lenders Spring Conference, Las Vegas, Nevada, March 11, 2010.

"Truth in Lending Update 2009," The Business Lawyer, Vol. 65, No. 2, February 2010 (with Jacqueline A. Parker, Jeffrey P. Naimon and Kirk D. Jensen).

"Home Cookin'," Spot Delivery, Vol. 12, Issue 8, March 2010 (with Thomas B. Hudson).

"Commerce Clause: Boon or Boondoggle for Internet Lenders?" Basis Points, Issue 10, March 2010.

"Despite Hurdles, Municipalities Continue to Look to Lenders for Payout from Mortgage Lending Fallout," Basis Points, Issue 9, January - February 2010.

"Unintended Consequences: Investor Fallout from the Mortgage Crisis," Banking and Financial Services Policy Report, Vol. 28, No. 12, December 2009.

"The Consumer Financial Protection Agency Act of 2009," Payday Loan Bar Association Meeting, New Orleans, Louisiana, November 6, 2009.

"Federal Reserve Board Issues Proposed Gift Card Rules," Basis Points, Issue 8, December 2009.

"Focus on South Carolina Residential Real Estate Transactions and Attorney Involvement," Basis Points, 1, Issue 7, November 2009.

"Federal Reserve Board Turns to Closed-End Mortgage Loan Disclosure Revisions," Basis Points, Issue 5, November 2009.

Contributor, Compendium of State Certificate of Title Laws, American Bar Association 2009 (Alvin C. Harrell, Editor).

Moderator, "The 'New' TILA-MDIA Application Process and TILA Update," Consumer Financial Services Committee Meeting, American Bar Association, Chicago, Illinois, August 2009.

"Refund Anticipation Loans: A $26 Billion Target," Basis Points, Issue 2, June 2009.

Co-Panelist, "Loan Servicing: Caught in the Middle of the Credit Squeeze" - Housing and Auto Finance Workshop, May 2009.

"eBay Buyer Beware - You May Be Buying More Than You Thought!," Spot Delivery, Vol. 11, Issue 10, May 2009.

"Time for a Compliance Self-Test?," Spot Delivery, Vol. 11, Issue 10, May 2009 (with Thomas B. Hudson).

"2009 Payday Lending Legislative Developments," Basis Points, Issue 1, May 2009.

"Live Checks Under Attack: Often-criticized Lender Practice Again in State Crosshairs," Basis Points, Issue 1, May 2009.

"Making Lemonade in Foreclosure Consulting: State Efforts to Rein in a Burgeoning Industry," Banking and Financial Services Policy Report, Vol. 28, No. 4, April 2009 (with Meghan S. Musselman).

"Dealer's Completion of Forms and Charging of Doc Prep Fee Not Unauthorized Practice of Law," Spot Delivery, Vol. 11, Issue 9, April 2009.

"Truth in Lending Update 2008," The Business Lawyer, Vol. 64, No. 2, February 2009 (with Jacqueline A. Parker and Jeffrey P. Naimon).

"What's to Complain About?," Spot Delivery, Vol. 11, Issue 8, March 2009 (with Liz Huber).

"Trade-in Trouble," Spot Delivery, Vol. 11, Issue 6, December 2008.

"Maryland Governor Signs 3 Bills Addressing Mortgage Fraud, Foreclosure, and Foreclosure Rescue Transactions," MSBA Section of Business Law Newsletter, Vol. 11, No. 2, Fall/Winter 2008 (with Wingrove S. Lynton).

Contributor, CARLAW II - Street Legal, 1st Edition2008 (with Thomas B. Hudson and others).

"A Beginner's Guide to Title Lending," Spot Delivery, Vol. 11, Issue 5, November 2008 (with Meghan S. Musselman).

"Consumer Credit: Preemption and Regulations," Maryland Bar Journal, Vol. 41, No. 6, November/December 2008 (with Meghan S. Musselman).

Co-Panelist, "Recovery After the Subprime Mortgage Crisis" - Housing and Auto Finance Workshop, May 2008.

"Court of Appeals to Decide Fate of 'No Closing Cost' Home Equity Loans," MSBA Section of Business Law Newsletter, Vol. 11, No. 1, Winter 2008.

"Reining in Subprime Mortgage Abuses: New York State Banking Department Adopts Guidance on Nontraditional Mortgage Products," NY Business Law Journal, Vol. 11, No. 2, Fall 2007.

"Servicemembers Civil Relief Act: A Primer for Creditors," Maryland Bar Journal, Vol. 40, No. 6, November/December 2007.

"'Altared' States: Effective Strategies for Business Counsel in the Changing Legal Landscape of Same-Sex Couples," Section of Business Law, American Bar Association 2007 Annual Meeting, San Francisco, California, August 10, 2007.

"Coming Soon! Debt Suspension Agreements Excluded from TILA Finance Charge," Spot Delivery, Vol. 10, Issue 1, July 2007.

"Debt Cancellation: A Primer," Consumer Credit 2006. The Credit Law Institute and Conference on Consumer Finance Law. Dallas, Texas, November 10, 2006.

"Preemption of California Rees-Levering Act," Consumer Finance Law Quarterly Report, Vol. 60, No. 3, Fall 2006.

"Maryland Consumer Protection Developments," Maryland Bar Journal, Vol. 39, No. 5, September/October 2006 (with Wingrove S. Lynton).

"Update on the Home Mortgage Disclosure Act," Residential Mortgage Lending and Servicing Conference of the Credit Law Institute and the Conference on Consumer Finance Law. Chicago, Illinois, July 7, 2006.

"Arizona High Court Addresses Important Federal Law Questions on Dealer's Limitation of Implied Warranties," Spot Delivery, Vol. 9, Issue 11, June 2006 (with Teresa Rohwedder).

Co-Panelist, "GAP, Debt Cancellation Products & Unearned Credit Insurance Premiums - What You Need to Know" - Housing and Auto Finance Workshop, May 2006.

Co-Panelist, "Preemption - The Sixth Circuit Joins the Second and Ninth Circuits: After Wells Fargo Bank N.A. v. Boutris (9th Cir.), Wachovia Bank N.A. v. Burke (2nd. Cir.), Wachovia Bank N.A. v. Watters (6th Cir.), and Rose v. Chase Manhattan Bank N.A., can banks feel more secure about preemption?" - Housing and Auto Finance Workshop, May 2006.

"Start 2006 With a Compliance Self-Test," Spot Delivery, Vol. 9, Issue 7, January/February 2006 (with Thomas B. Hudson).

"Refunds of Unearned Credit Insurance Premiums," Consumer Financial Services Committee Meeting, American Bar Association, Park City, Utah, January 2006.

"TILA Updates," Consumer Financial Services Committee Meeting, American Bar Association, Park City, Utah, January 2006.

"A Discussion of Ney-Kanjorski and the Regulation of Predatory Lending," Consumer Financial Services Committee Meeting, American Bar Association, Chicago, Illinois, August 2005.

"A 'Spot On' Spot Delivery," World of Special Finance, Vol. 9, Issue 7, July 2005 (with Thomas B. Hudson).

"Court Lends Support To Dealer Practice of 'Spot Delivery'," Spot Delivery, Vol. 7, Issue 11, June 2005 (with Thomas B. Hudson).

"A Potpourri of Compliance Issues," Lender Liability in Maryland, Lorman Education Services, Linthicum, Maryland, June 2005.

Co-Panelist, "Update to High Cost Loan Laws and Traps for the Unwary" - Housing and Auto Finance Workshop, May 2005.

"Dealers ALWAYS Extend Credit," Spot Delivery, Vol. 7, Issue 6, December 2004.

"Federal Circuit Court KOs Claim That Creditor Didn't Send ECOA Adverse Action Notice Quickly Enough" Spot Delivery, Vol. 7, Issue 5, November 2004.

"Insurance Company Made to Pay For Acts of Bad Apple at New Jersey Car Dealership," Spot Delivery, Vol. 7, Issue 4, November 2004.

"Banning Discrimination Based On Sexual Orientation," Maryland Bar Journal, Vol. 35, No. 3, May/June 2002.

Editor, Battered: What Can I Do?: A Survival Manual, Women's Law Center of Maryland Inc., 5th Edition 2000 (with Rachael Neill).

"School policy is confused," Baltimore Sun, June 26, 2000 (with Kalman R. Hettleman).

"Children's Rights In Medical Decision-Making," Maryland Bar Journal, Vol. 33, No. 2, March/April 2000.

"The Notary Public Code of Professional Responsibility," National Notary Association, November 1998 (Member, Drafting Commission).