ClevelandOhio(OH) Freeburg, David A. personal infomation and areas of practice

Ohio ClevelandMcFadden & Freeburg Co. L.P.A. attorney Freeburg, David A. is a Very good lawyer practice area in Real Estate Real Estate Litigation Foreclosures Bankruptcy Civil Litigation ,Bankruptcy, Foreclosure & Alternatives, Real Estate,McFadden & Freeburg Co. L.P.A.

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• Ohio, 1999 U.S. District Court Northern District of Ohio, 1999 U.S. District Court Southern District of Ohio, 2000 U.S. Court of Appeals 6th Circuit, 2002 Supreme Court of Pennsylvania, 2008 U.S. Supreme Court, 2007

• Ohio State Bar Association Cleveland Metropolitan Bar Association Ohio Land Title Association OLTA Political Action Committee

• Cleveland State University, Cleveland-Marshall College of Law, Cleveland, Ohio, 1999J.D. State University of New York, Buffalo, New York, 1994B.A.

• McFadden & Freeburg Co., L.P.A. recently won two appeals for its clients. In the case of Anzalaco v. Graber, 8th Dist. Nos. 96761 and 96787, the Seller entered into a purchase agreement with a standard inspection contingency with the first buyer and then entered into a purchase agreement with a second buyer that was marked as a "secondary offer" subject to a release of the first purchase agreement. The first buyer conducted his inspections and requested repairs to the property. When the seller refused to make the repairs (which triggered an automatic termination of the purchase agreement by its terms), the first buyer requested a reduction in purchase price, which seller also refused. First Buyer then refused to release the contract and seller was unable to complete the sale to the second buyer as a result. Eventually both first and second buyer sued seller for specific performance.

  The 8th District affirmed Trial Court's grant of summary judgment to seller finding that the first buyer's contract terminated upon seller's refusal to complete repairs and second buyer's contract was void as it was conditioned upon a release of the first contract.

  In the case of Commonwealth Land Title Ins. Co. v. Choice Title Agency, Inc., 9th Dist. Nos. 11CA009981, 11CA009983, 2012-Ohio-2824, a title agent stole money from her escrow account and the title insurance underwriter had to cover losses to a customer as a result. After the theft was discovered, title agent and her husband were granted an uncontested divorce decree pursuant to the terms of a separation agreement they both signed and the title agent transferred her interest in three properties to husband. Underwriter sued agent for fraud, theft and breach of contract and sued agent and her ex-husband for fraudulent transfer.

  The Trial Court granted judgment to the underwriter against the agent but denied the underwriter's claims for fraudulent transfer. The underwriter appealed. The 9th Dist. reversed finding that the agent's admissions, which arose from her failure to respond to the underwriter's requests for admissions, sufficiently established that she had the requisite intent to defraud the underwriter at the time she transferred her interest in the properties to her ex-husband and that the transfers were fraudulent as a result.

  The Ohio Legislature recently passed a new bill setting forth the circumstances under which a trespasser can sue a "possess of real estate" for injuries he or she sustained on the property. Senate Bill 202 will be effective 9/6/12. It enacts new section §2305.402 to Chapter 23 ("Jurisdiction, limitation of actions”) and states that a possessor of real property "does not owe a duty of care to a trespasser on the property except to refrain from willful, wanton, or reckless conduct that is likely to cause injury, death or loss to the person of the trespasser." However, a possessor is still liable if the "possessor knows, or from facts within the possessor's knowledge should know or believe, that the trespasser is in a position of peril on the property, and the possessor of the property fails to exercise ordinary care to avoid causing that injury, death or loss." There is also a provision for attractive nuisance, as it is known in common law, when the injured person is a child.

  The Ohio Legislature also passed Senate Bill 224 which modifies the statute of limitations for a cause of action brought upon an agreement in writing to 8 years rather than the 15 year statute of limitations now in effect. This is a change from the original house bill which would have changed it to 6 years. The bill will be effective 90 days after 6/26/12. Revised §2305.06 changes.

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