Sean Higgins is a partner and focuses his practice on consumer financial services litigation. He represents banks, mortgage lenders, mortgage loan servicers, and automotive finance companies in consumer class actions, individual plaintiff lawsuits, and appeals in federal and state courts throughout the United States. Cases frequently involve challenges under federal statutes, including the federal Real Estate Settlement Procedures Act, the Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act, as well as claims under state unfair and deceptive acts and practices statutes and common law.
In addition to his consumer financial services work, Sean advises and represents lenders, servicers, and special servicers in a variety of transactions, including workouts, restructurings, foreclosures, bankruptcies, and litigation, including judicial foreclosures and state-level receiverships. Sean is experienced in all aspects of loan servicing, general commercial litigation, and bankruptcy litigation. He also has experience representing lenders, CMBS loan servicers, and special servicers in connection with portfolio and loan-level default management and litigation.
Sean regularly represents creditors in bankruptcy and insolvency proceedings. He has represented lenders, master servicers, and special servicers enforcing secured and unsecured loan obligations, and has been involved in a variety of complex commercial workouts and in- and out-of-court restructurings.
In addition to his work enforcing creditors' rights, Sean also has experience defending commercial and consumer lenders in litigation in a variety of courts and jurisdictions.