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Benjamin D. Carnahan

Partner

Overview

Learn about Benjamin

Ben is an experienced business, commercial and real estate attorney with a comprehensive practice within Walter Haverfield’s Business Services and Litigation Services groups. He represents companies big and small, from the nation’s largest banks, lenders and loan servicers to small businesses and closely held corporations, often serving as outside regional counsel in the Midwest managing litigation in multiple states/jurisdictions for his clients. Ben builds long-lasting client relationships and is a trusted advisor to in-house corporate counsel on compliance issues, non-routine litigation strategy & management, and rights, duties and obligations under complex commercial contracts, including with vendors and third-party service providers.

While his primary objective is to help clients avoid reputational, operational, and regulatory risk, litigation is inevitable. When litigation arises, Ben focuses on resolving matters in a cost-effective manner by identifying and analyzing root causes to determine strengths and weaknesses in a case and working collaboratively with clients to develop objectives and strategies early on in the litigation. He specializes in resolution of complex business disputes, commercial and residential real estate loan litigation, with extensive experience in the defense of clients against federal and state consumer finance statutes. Ben also represents commercial lenders and receivers with respect to troubled commercial assets and loans.

Ben’s prior practice included establishing and opening the Cleveland, OH law office as managing attorney for a mid-size Midwest law firm with offices in West Palm Beach, FL, Chicago, IL and Wichita, KS.  Ben is currently serving as a Board Member and Treasurer of Taleris Credit Union in Northeast Ohio, which has allowed him to gain a better understanding of the business side of banking and made him a better lawyer to his financial institutional clients. He is also a 2021 Ohio Super Lawyers honoree, a recognition offered to no more than five percent of lawyers in the state. Previously, he was included on the Ohio Super Lawyers® – Rising Stars list for five straight years. In his personal time, Ben enjoys hiking with his yellow lab, painting, boating, and water/snow skiing with his wife and two children.

Recognition

Benjamin D. Carnahan
Rated by Super Lawyers


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EXPERIENCE

  • Creditor’s rights, bankruptcy, and mortgage origination
  • Consumer finance defense against OCSPA, FDCPA, TCPA, FCRA, HAMP, HOEPA, TILA, RESPA, Reg X, Reg Z, and other federal and state consumer claims
  • Compliance issues and rights and obligations under complex commercial contracts, including HUD, FNMA, FHMLC guidelines, MBS trusts Pooling and Servicing Agreements
  • Consultation and defense of CFPB complaint and other federal and state regulatory agencies
  • Commercial loan, lease and real estate transaction documents
  • Commercial loan litigation and workouts
  • Receiverships
  • E-Notes and Mortgages/Remote Notary
  • Cryptocurrency/Bitcoin/Fintech
  • Real Estate Title Disputes
  • Construction Litigation
  • Business Entity Formation
  • Shareholder disputes
  • Landlord/tenant
  • Housing code
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ASSOCIATIONS

  • Vice-Chairman, Taleris Credit Union
  • Member, Ohio State Bar Association
  • Member, Ohio Mortgage Bankers Association
  • Member, Ohio Mortgage Bankers Association’s Legislative Subcommittee
  • Member, Cleveland Metropolitan Bar Association
  • Former Member, Subcommittee on Vacant Foreclosed Properties in City of Cleveland
  • Volunteer, 3Rs – Rights, Responsibilities, Realities Program

 

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PRESENTATIONS

  • “What’s New for the Telephone Consumer Protection Act (TCPA): Addressing Risks to Ensure Compliance,” The Knowledge Group Webinar, 2021
  • “eNotes & Mortgages – It’s The Future,” Ohio Mortgage Banker’s Association, 2019
  • “Blockchain & Cryptocurrency: What’s the Fuss?,” Ohio Mortgage Banker’s Association, 2018
  • “Landlord Tenant Law: Lease Agreements, Defaults & Collections,” Continuing Legal Education Speaker, 2017