Sabrina A. Neff Play Audio Recording of Name Pronunciation

Auto Dealerships/Finance Companies

• Advised auto finance companies on overlapping framework of state and federal regulations affecting interest rates, retail installment contracts and collection activities.
• Represented auto lenders in title disputes, suits affecting liens, default procedures and repossession, and matters involving transfer of loans or accounts between other auto lenders.
• Defended auto dealerships in consumer actions and disputes involving dealer auction activities.
• Secured dismissal in federal court for national auto lender in in case involving discrimination claims brought by consumer.

Debt Buyers and Collectors

• Advised debt buyers and collectors on compliance with federal regulations, such as Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA) and their state corollaries.
• Represented debt collectors in individual suits challenging exportability of interest rates, methods of debt collection, nature of credit reporting and communications with consumers.

Other Finance Matters

• Served as regulatory and lending counsel to investment firm in its all-cash, $67 million take-private acquisition of provider of online credit solutions for credit-constrained consumers.
• Represented mortgage lenders and servicers in claims involving fraud, misrepresentation, breach of contract, promissory estoppel, lender-placed insurance and statutory violations of Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), FCRA and TCPA.
• Counseled bank and nonbank mortgage lenders and servicers in litigation involving federal and state banking and credit laws, claims arising from nonjudicial foreclosures, and violations of RESPA, Texas Property Code and home equity provisions of Texas Constitution.
• Advised clients regarding claims brought pursuant to consumer protection statutes including FCRA, FDCPA, TILA, TCPA, Texas Debt Collection Act, Texas Deceptive Trade Practices Act and Texas Finance Code.
• Consulted on commercial lending transactions in view of anticipated litigation and enforced rights of commercial lenders through litigation and post-judgment remedies.
• Assisted lenders, debt buyers, debt collectors and other participants navigate marketplace post-Madden v. Midland Funding where in order to maximize enforceability of their contracts while minimizing risk.
• Counseled lenders, investors and servicers of home equity loans in time-sensitive ways to respond to threatened or actual litigation in order to safeguard against lien voiding and disgorgement of principal and interest.
• Reached favorable settlement in borrower's suit to invalidate lien and disgorge all loan payments under Texas constitutional home equity provisions, affirming enforceability of lien and protecting lender from disgorgement.
• Secured over $10 million in assets on behalf of nonsecured commercial lender from defunct borrower through litigation brought in two states.
• Won summary judgment in state court for lender in complex contract-for-deed litigation brought by borrowers seeking to rescind foreclosure and enjoin eviction.
• Obtained numerous federal court judgments on behalf of commercial lenders on defaulted loans secured by commercial equipment. Negotiated favorable settlement for debt buyer in federal suit involving alleged FCRA violations.
• Conducted multistate loan document review for first fintech company to originate residential real property-backed loans that live on blockchain rather than being tokenized.
• Won Fifth Circuit appeal brought by guarantor seeking to invalidate judgment in favor of Texas lender client. The initially straightforward matter involved a collection on commercial guaranty, but quickly became complicated with multi-state litigation and emerging public policy considerations.