Overview

Richard A. Freshwater devotes his practice to issues involving consumer financial services, real estate litigation and privacy.

Freshwater’s consumer financial services practice involves advising and representing financial institutions on a broad array of consumer finance related matters. In addition to providing counsel on regulatory and compliance related issues to national banks, mortgage servicers, auto lenders and non-bank lenders, he routinely defends these entities from common law claims and those arising under Ohio’s Uniform Commercial Code, the Truth in Lending Act, the Real Estate Settlement Procedures Act, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, the Fair Credit Reporting Act and the Ohio Consumer Sales Practices Act. Freshwater’s experience in these areas spans the class action, appellate and trial levels. Freshwater is a sought-after speaker for his expertise on the Consumer Financial Protection Bureau’s mortgage servicing regulations from both a compliance and litigation perspective.

Freshwater's real estate litigation practice involves commercial property issues that spanned across the United States. Freshwater’s experience includes real estate litigation matters involving commercial foreclosures, title disputes, land use, receivership issues and leasing disputes.

Experience
  • Alexander v. Wells Fargo Financial Ohio 1, Inc., 122 Ohio St.3d 341, 2009-Ohio-2962.
  • Kline v. Mortgage Electronic Registration Systems, Inc., 2011 WL 1119698 (S.D. Ohio 2011).
  • Gawry v. Countrywide Home Loans, Inc., 2009 WL 1954717 (N.D. Ohio).
Publications
Presentations
  • "Robo-Signing: Its Effects in the Consumer Finance Litigation World," Ohio State Bar Association Banking, Commercial and Bankruptcy Law Committee Meeting, February 2011
  • "Becoming a Judicial Law Clerk," University of Dayton, March 2007
Distinctions
Professional and Civic

Professional Associations

  • Ohio State Bar Association, member, Banking, Commercial & Bankruptcy Law Committee; chair, Loan Documentation and Opinion Letter Subcommittee
  • American Bar Association, member, Consumer Financial Services Committee and Commercial and Business Litigation Committee

Community Activities

  • First Baptist Church of Greater Cleveland, council member
  • Xavier University, former English adjunct faculty member
  • Center for Arts Inspired Learning, board member
News