Founding partner and the most experienced member of our firm. Donald P. McFadden, received a Bachelor of Arts from St. Louis University in 1970 and a Juris Doctor from Case Western Reserve University Law School in 1973. Mr. McFadden was admitted to the Ohio and federal bars in November, 1973. Mr. McFadden is licensed to practice in Ohio and before the United States Supreme Court, the United States Court of Appeals, Sixth Circuit, and the United States District Court, Northern and Southern Districts of Ohio. Mr. McFadden is a member of the Ohio State Bar Association, the Cleveland Bar Association and the Cuyahoga County Bar Association. Mr. McFadden has spoken at numerous real estate seminars and is chairman of the Ohio State Bar Association Real Property Specialty Board which certifies Ohio attorneys as real estate law specialists.
Significant decisions Mr. McFadden has obtained:
Zeiger v. Shons , 2001 Ohio App. LEXIS 1991 (May 3, 2001): Court of Appeals affirmed summary judgment in favor of a title insurance company, where insured property owner could not show loss under the policy due to encroachment discovered after sale of the property.
Magestic Homes v. Figgers 1985 Ohio App. LEXIS 9440 (Nov. 27, 1985): Court of appeals ruled a mortgagee's failure to comply with statutory requirements for proper execution precluded a recorded mortgage giving constructive notice or actual notice.
Certified by the Ohio State Bar Association as a Specialist in the area of Residential Real Property. David A. Freeburg received a Bachelor of Arts degree from the State University of New York at Buffalo in 1994 and a Juris Doctorate from Cleveland-Marshall College of Law in 1999. Mr. Freeburg was licensed to practice law in Ohio in November of 1999, and currently is licensed to practice before the Ohio Supreme Court, the United States Court of Appeals for the Sixth Circuit, the United States District Court for the Northern District of Ohio and the United States District Court for the Southern District of Ohio. Mr. Freeburg is a member of the Ohio State Bar Association as well as the Cleveland Bar Association. Mr. Freeburg has completed both the deposition skills and trial advocacy skills courses from the National Institute for Trial Advocacy.
Significant decisions Mr. Freeburg has obtained:
In re Stewart, 96 Ohio St. 3d 67 (2002): Ohio Supreme Court ruled that Ohio Revised Code Section 5301.234 applies to bar a bankruptcy trustee's claims that a mortgage was not properly witnessed.
Jeranek v. Cornwell, 147 Ohio App. 3d 177 (2001): Court of Appeals ruled that an easement not appearing on a certificate of title for registered land is not an encumbrance against the property.
Schoenlein v. Option One Mortgage Co., (In re Schoenlein), Bankruptcy Appellate Panel ruled default judgment against a lender was overly harsh sanction when finding was only that creditor was negligent in failing to timely answer.
David T. Brady received his Bachelor of Arts degree from the College of the Holy Cross in 1997 and a Juris Doctorate from Case Western Reserve University in 2000. Mr. Brady was licensed to practice law in Ohio in November of 2000, and currently is licensed to practice before the Ohio Supreme Court, The United States District Court for the Northern District of Ohio and the United States District Court for the Southern District of Ohio. Mr. Brady is a member of the Ohio State Bar Association. Mr. Brady has completed the deposition skills course from the National Institute for Trial Advocacy. Notably Mr. Brady was a foreclosure magistrate from 2003 until joining the firm in 2005.
Franco M. Barile is our newest associate, being licensed on May 8,
2006. Mr. Barile received his undergraduate degree from John Carroll
University in 2002. Mr. Barile received a Juris Doctor degree from Thomas
Cooley
School of Law in 2005.
