Richard A. Freshwater
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.
- 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).
- “New FCC Rule Creates TCPA Reassigned Numbers Database,” Thompson Hine Business Litigation Update, April 2019
- “The Ohio Supreme Court Again Weighs in on Standing in a Foreclosure Action: Deutsche Bank Natl. Trust Co. v. Holden,” Thompson Hine Business Litigation Update, July 2016
- “U.S. Supreme Court: A Bare Technical Violation of Statute Insufficient to Demonstrate Standing,” Thompson Hine Business Litigation Update, May 2016
- “Jesinoski Presents Lenders With Difficult Questions on Loan Rescissions,” Thompson Hine Business Litigation Update, January 2015
- "Removal of Attorney General Actions Under the Class Action Fairness Act of 2005," Toxics Law Reporter, 26 TXLR 443, BNA, Inc., April 14, 2011
- "Removal of state AG parens patriae actions under CAFA," Consumer Financial Services Law Report, Vol. 14, No. 6, August 2010
- "An Analysis of Cappuccitti: Eleventh Circuit Panel Adds New Amount in Controversy Requirement to CAFA Jurisdiction," BNA Class Action Litigation Report, August 2010
- "Writing For Partners: Uncut, Uncensored," CMBA Bar Journal, January 2010
- "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
- Named as a 2015 Rising Star by Law360 as one of the top three Banking Law experts in the country under 40
- Benchmark Litigation Under 40 Litigation Hot List, 2019
- Selected for inclusion in Rising Stars by Ohio Super Lawyers magazine, 2014 to 2019
- CALI Award Winner: UCC Secured Transactions, UCC Commercial Paper
- 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
- First Baptist Church of Greater Cleveland, council member
- Xavier University, former English adjunct faculty member
- Center for Arts Inspired Learning, board member