Michael J. Barry


Michael Barry concentrates his practice in the area of financial services, including banking regulation, compliance, and policy.

He regularly advises bank and non-bank lenders and financial institutions on a variety of regulatory matters, including compliance concerns arising out of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”) and the regulations promulgated by the Consumer Financial Protection Bureau (“CFPB”) governing mortgage origination and mortgage servicing practices.

Additionally, Michael has assisted non-banks in navigating a variety of state law regimes covering state-level licensing requirements, federal and state interest rate and usury laws, Retail Installment Sales Acts, and related consumer financial services statutes and regulations. Certain of these clients are participants in the FinTech space, including apps that provide payment and crypto wallet services.

Prior to joining Blank Rome, Michael worked as the Research Assistant to the Senior Advisor to the Chairman for Consumer Policy in the Executive Offices at the Federal Deposit Insurance Corporation (“FDIC”).


  • Served as outside general counsel to non-bank mortgage lender, including regularly advising client on Ability to Repay and Qualified Mortgage (“ATR/QM”) rules under TILA and Regulation Z, SAFE Act issues, and RESPA Section 8 issues.
  • Served as outside general counsel to bank in connection with vendor management issues, privacy issues, and FinCEN issues, including GLBA and BSA/AML issues.
  • Drafted internal policies and procedures for mortgage brokerage to assist in compliance with Loan Originator Compensation rules contained in Dodd-Frank, TILA, and Regulation Z.
  • Prepared comments for large national bank during Notice and Comment phase of the CFPB’s Regulation X rulemaking related to mortgage servicing practices and advised bank on RESPA, TILA, FDCPA, and National Mortgage Settlement issues.
  • Successfully defended bank and non-bank mortgage lenders in connection with loan repurchase demands, including Fannie Mae, Freddie Mac, and private secondary market repurchases.
  • Negotiated Mortgage Loan Purchase Agreements between mortgage lender and secondary market purchasers.
  • Advised non-bank mortgage servicer in connection with its performance under a private label mortgage servicing agreement.
  • Prepared no-action requests to multiple state regulators in connection with money transmitting issues presented by payment processing services developed by a non-bank entity and represented the entity in negotiations with state regulators.
  • Advised Equipment Leasing Finance division of national bank in connection with audit of potential fair lending compliance exposure, including in connection with issues arising under ECOA and the FCRA.
  • Advised bank and non-bank servicers in connection with title issues related to underlying mortgaged properties, including representation related to title claims and title insurance issues.

Blockchain and Digital Currencies:

  • Counsel both emerging companies and established businesses on the legal and regulatory issues that arise when companies invest in and/or incorporate blockchain technology into their businesses.
  • Advise clients in connection with digital currency apps, including assistance
     with regulatory compliance, user agreements, and privacy policies.
  • Advise clients on federal (FinCen) and state (including New York State BitLicense) money transmission licensing issues.


Professional Activities

Michael represented a pro bono client in connection with the client’s petition for federal clemency as part of Blank Rome’s participation in the Clemency Project 2014, which sought clemency for non-violent federal prisoners.



  • Pennsylvania
  • New York


  • University of Vermont, BA
  • American University, Washington College of Law, JD, magna cum laude, Order of the Coif