Patric J. Kelly

Patric J. Kelly

Attorney Profile

Top Rated Real Estate Attorney in Campbell, CA

Adleson Hess & Kelly, A Professional Corporation
 | 577 Salmar Ave, 2nd Floor, Campbell, CA 95008
Phone: 408-341-0234
Selected to Super Lawyers: 2004 - 2006, 2011 - 2018
Licensed Since: 1976
Practice Areas:
  • Real Estate: Business (50%),
  • Business Litigation (20%),
  • Bankruptcy: Business (20%),
  • Business/Corporate (10%)
Attorney Profile

Mr. Kelly has been a litigation and transactional attorney in the San Jose, Santa Clara Valley, Silicon Valley area focusing on the fields of bankruptcy and real estate since 1976. A summa cum laude graduate of Santa Clara University School of Law, he is a senior attorney in and shareholder of the law firm of Adleson, Hess & Kelly, a P.C. Mr. Kelly and the firm are rated AV Preeminent® by Martindale-Hubbell. ("AV Preeminent" is a registered trademark of Martindale-Hubbell.) He has also received the honor of being chosen as a Northern California Superlawyer, a distinction awarded to only the top 5% of lawyers in Northern California.  Since 1982, Mr. Kelly has been a speaker at numerous real estate and bankruptcy industry seminars, focusing on the subjects of bankruptcy, foreclosure law and related legislation. He has drafted legislation which has become law in the State of California in the foreclosure field.

 

He is the author of numerous articles relating to the fields of real estate, bankruptcy and foreclosure and has co-authored a real estate broker's licensing textbook.

Mr. Kelly has documented and closed millions of dollars in loans secured by California real estate, including three international loans.  

In 2013, he saved a lien worth hundreds of thousands of dollars from an attempt by debtor's counsel to strip it in a unique chapter 11 environment. The client's recovery went from zero to over $700,000 (In re Schiefer).  In 2010, he co-defended a sixteen cause of action complaint against a lender after having the case removed to federal court and was awarded $70,000 in attorneys' fees for the work of the firm in the case (Bonner v Redwood Mortgage Corp et al.). In 2008, he saved his client tens of thousands of dollars by defeating a bank's claim to default interest. (In re Zamani, (2008) 390 B.R. 680). He successfully litigated a multi-million dollar case in bankruptcy court entitled In re Cecconi (2007) 366 B.R. 83, which was upheld at the district court level in the summer of 2009, and at the 9th Circuit Court of Appeal in February of 2011. He successfully defended a $3.5M “surplus proceeds” case (2009) and handled several related extremely factually complex foreclosure cases involving a $22 million dollar hotel, upheld on appeal in December, 2010. He has successfully prosecuted or defended numerous appellate and trial court cases. He co-authored the successful amicus brief filed on behalf of the California Trustee’s Association in the landmark case of I.E. Associates v. Safeco (1985) 39 Cal.3d 281 and authored the successful amicus brief in the United States Supreme Court case of BFP v. Resolution Trust Corporation, 511 U.S. 531 (1994). Among other key and landmark appellate cases for which Mr. Kelly has been engaged and won include Ung v. Koehler (2005) 135 Cal. App.4th 186; Nguyen v. Calhoun (2003); Prudential Home Mortgage v. Superior Court (1998) 66 Cal.App.4th 1236); Abdallah v. United Savings Bank (1996) 43 Cal.App.4th 1101; Apte v. Japra (In re Apte) 96 F.3d 1319 (9th Cir. 1996); Lindsay v. Beneficial Reinsurance Company 59 F.3d 942 (1995) (amicus brief author); City of Cupertino v. Perry; (1988) (unpub); Katz v Peelle Financial (1987) (unpub).

 

A licensed real estate and mortgage broker since 1980, Mr. Kelly has been an instructor in real estate at San Jose State University located in San Jose, California, and De Anza Community College located in Cupertino, California. Mr. Kelly’s practice focuses on representation of real property secured creditors in bankruptcy proceedings, real property secured creditors in civil court proceedings, including receiverships and judicial foreclosures, and parties involved in real estate and business transactions. Happily married since 1970 with three grown children and three grandchildren, he has coached and played softball since 1988 and enjoys the occasional round of golf.

About Patric Kelly

Admitted: 1976, California

Professional Webpage: http://www.ahklaw.com/attorneys/kelly.html

Honors and Awards:

  •  Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., Martindale Hubbell AV Preeminent Rating, Martindale Hubbell, 2016, AV® Preeminent™ 5.0 out of 5, Martindale-Hubbell AV Preeminent 5 Star, 2017
  • AVVO is an on-line lawyer reference service accessed by the public.  Mr. Kelly has been awarded a ten out of ten rating by Avvo, considered "Superb", Avvo, 2017
  •  Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., Martindale Hubbell AV Preeminent Rating, Martindale Hubbell, 2016, AV® Preeminent™ 5.0 out of 5, Martindale-Hubbell AV Preeminent 5 Star, 2016
  • AVVO is an on-line lawyer reference service accessed by the public.  Mr. Kelly has been awarded a ten out of ten rating by Avvo, considered "Superb", 2016
  • This award is given annually by the United Trustees Association in honor of the Member who has contributed to the success of the organization for many, many years.  I was given this award in recognition of the 33 years of education regarding legal issues I have provided to the organization at its annual seminars., Dorothy Schick Veteran Member of the Year Award, United Trustee's Association, 2015
  • AVVO is an on-line lawyer reference service accessed by the public.  Mr. Kelly has been awarded a ten out of ten rating by Avvo, considered "Superb", 2015
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., Martindale Hubbell AV Preeminent Rating, Martindale Hubbell, 2015, AV® Preeminent™ 5.0 out of 5, 2015
  • AVVO is an on-line lawyer reference service accessed by the public.  Mr. Kelly has been awarded a ten out of ten rating by Avvo, considered "Superb", 2014
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., Martindale Hubbell AV Preeminent Rating, Martindale Hubbell, 2014, AV® Preeminent™ 5.0 out of 5, 2014
  • AVVO is an on-line lawyer reference service accessed by the public.  Mr. Kelly has been awarded a ten out of ten rating by Avvo, considered "Superb", 2013
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., Martindale Hubbell AV Preeminent Rating, Martindale Hubbell, 2013, AV® Preeminent™ 5.0 out of 5, Martindale Hubbell, 2013
  • AVVO is an on-line lawyer reference service accessed by the public.  Mr. Kelly has been awarded a ten out of ten rating by Avvo., AVVO, 2012, Avvo Superb Rating, Avvo, 2012
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., Martindale Hubbell AV Preeminent Rating, Martindale Hubbell, 2012, AV® Preeminent™ 5.0 out of 5, Martindale-Hubbell, 2012
  • AVVO is an on-line lawyer reference service accessed by the public.  Mr. Kelly has been awarded a ten out of ten rating by Avvo., AVVO, 2011, Avvo Superb Rating, Avvo, 2011
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., Martindale Hubbell AV Preeminent Rating, Martindale Hubbell, 2011, AV® Preeminent™ 5.0 out of 5, Martindale-Hubbell, 2011
  • AVVO is an on-line lawyer reference service accessed by the public.  Mr. Kelly has been awarded a ten out of ten rating by Avvo., AVVO, 2010, Avvo Superb Rating, avvo, 2010
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., Martindale Hubbell AV Preeminent Rating, Martindale Hubbell, 2010
  • AVVO is an on-line lawyer reference service accessed by the public.  Mr. Kelly has been awarded a ten out of ten rating by Avvo., AVVO, 2009, Avvo Superb Rating, Avvo, 2009
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., AV Rating Martindale Hubbell, Martindale Hubbell, 2009
  • AVVO is an on-line lawyer reference service accessed by the public.  Mr. Kelly has been awarded a ten out of ten rating by Avvo., AVVO, 2008
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., AV Rating Martindale Hubbell, Martindale Hubbell, 2008
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., AV Rating Martindale Hubbell, Martindale Hubbell, 2007
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., AV Rating Martindale Hubbell, Martindale Hubbell, 2006
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., AV Rating Martindale Hubbell, Martindale Hubbell, 2005
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., AV Rating Martindale Hubbell, Martindale Hubbell, 2004
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., AV Rating Martindale Hubbell, Martindale Hubbell, 2003
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., AV Rating Martindale Hubbell, Martindale Hubbell, 2002
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., AV Rating Martindale Hubbell, Martindale Hubbell, 2001
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., AV Rating Martindale Hubbell, Martindale Hubbell, 2000
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., AV Rating Martindale Hubbell, Martindale Hubbell, 1999
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., AV Rating Martindale Hubbell, Martindale Hubbell, 1998
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., AV Rating Martindale Hubbell, Martindale Hubbell, 1997
  • Martindale-Hubbell has maintained Ratings for lawyers for more than a century, and currently reviews or assigns ratings for over 150,000 lawyers each year. Ratings reflect the confidential opinions of bar members and the judiciary, and attest to the individual lawyer's legal ability and adherence to accepted professional standards of ethics. Exclusively developed and assigned by the Martindale-Hubbell ® Law Directory, ratings are considered valuable benchmarks intended for use by members of the profession. An AV ® Rating signifies that the lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest levels of skill and integrity., AV Rating Martindale Hubbell, Martindale Hubbell, 1996

Special Licenses/Certifications:

  • Member, American Bankruptcy Institute, an educational organization nationwide dedicated to assisting bankruptcy professionals, 2016
  • California Real Estate Broker's License Maintained through current, 1980

Bar/Professional Activity:

  • Member of Congressman Don Edwards Inns of Court, an organization dedicated to the education of its members in the bankruptcy field, 2017
  • Member of Congressman Don Edwards Inns of Court, an organization dedicated to the education of its members in the bankruptcy field, 2016
  • Member, American Bankruptcy Institute, an educational organization nationwide dedicated to assisting bankruptcy professionals, 2015
  • Member of Congressman Don Edwards Inns of Court, an organization dedicated to the education of its members in the bankruptcy field, 2015
  • Member, American Bankruptcy Institute, an educational organization nationwide dedicated to assisting bankruptcy professionals.,, 2014
  • Member of Congressman Don Edwards Inns of Court, an organization dedicated to the education of its members in the bankruptcy field., 2014
  • Member, American Bankruptcy Institute, an educational organization nationwide dedicated to assisting bankruptcy professionals.,, 2013
  • Member of Congressman Don Edwards Inns of Court, an organization dedicated to the education of its members in the bankruptcy field., 2013
  • Member, American Bankruptcy Institute, an educational organization nationwide dedicated to assisting bankruptcy professionals.,, 2012
  • Member of Congressman Don Edwards Inns of Court, an organization dedicated to the education of its members in the bankruptcy field., 2012
  • Member of Congressman Don Edwards Inns of Court, an organization dedicated to the education of its members in the bankruptcy field., 2011
  • Member of Congressman Don Edwards Inns of Court, an organization dedicated to the education of its members in the bankruptcy field., 2010
  • Member of Congressman Don Edwards Inns of Court, an organization dedicated to the education of its members in the bankruptcy field., 2009
  • Member of Congressman Don Edwards Inns of Court, an organization dedicated to the education of its members in the bankruptcy field., 2008
  • Member, American Bankruptcy Institute, an educational organization nationwide dedicated to assisting bankruptcy professionals., 2007
  • Member of California State Bar and Santa Clara County Bar Association, 1976
  • Member of United Trustees Association (formerly, California Trustees Association), an organization of foreclosure trustees, lenders, and servicing companies for the foreclosure industry.  Mr. Kelly has spoken at the annual and local quarterly meetings of the organization since 1984.  In addition, as part of its legislative focus, Mr. Kelly has co-authored and assisted in passing significant legislation in the foreclosure fields in California.1984 through 2016
  • Member, California Mortgage Association, an association of mortgage brokers located througout the State of California.  Mr. Kelly has presented for years, and continues to present, legal and regulatory updates in the field of mortgage brokering and bankruptcy to the organization.

Scholarly Lectures and Writings:

  • In April of 2016, I co-prepared and presented (along with my co-shareholder, Phillip M. Adleson) an educational seminar on Construction Loan Lending under a California Bureau of Real Estate broker's license entitled:  Construction Lending under a BRE License.  The location was the San Francisco Westin St. Francis, San Francisco, California.  The presentation was made to a sophisticated group of private money lenders to whom we have been giving presentations for many years.  The subject involved how to properly make a construction loan under a California real estate broker's license and how to properly perfect a security interest in the disbursed proceeds of the construction loan. California Mortgage Association, Private Money Lending, 2016 , Speaker, 2016
  • "Seventh Circuit Rules that Secured Creditors Required to File Timely Proofs of Claim in Chapter 13's.  Otherwise, Adverse Consequences Could Follow - Ten Year Plans?" I wrote this article for the California Mortgage Association's magazine entitled "Points of Interest".  CMA is a group of private money lenders who hold quarterly educational and networking meetings throughout California and Las Vegas.  The article discusses a new case, In re Pajian, a 7th circuit case, that holds a secured creditor is required to file a proof of claim to be able to participate in a debtor's chapter 13 plan distributions.  This could give a debtor an advantage should the secured creditor fail to file timely., Author, Seventh Circuit Rules that Secured Creditors Required to File Timely Proofs of Claim in Chapter 13's. Otherwise, Adverse Consequences Could Follow - Ten Year Plans?, California Mortgage Association's, Private Money Lenders, 2015
  • My article I authored in 2015 is entitled "Personal Property Liens:  How Such Liens May Impact Your Business Activities".  It relates to the need to properly search for liens relating to business property being transferred in business transactions.  It was published in the California Mortgage Association's magazine, "Points of Interest" in 2015., Author, Personal Property Liens: How Such Liens May Impact Your Business Activities, California Mortgage Association's, Private Money Lenders, 2015
  • I prepared the materials for and co-presented the topic of recent bankruptcy updates for 2015 to an industry group of foreclosure trustees.  I have been presenting to this group since about 1984.  We update the attendees on new developments in bankruptcy law and cases relating to their field of non-judicial foreclosures and foreclosure law.  The presentation was at the M Resort, Las Vegas, Nevada, in November of 2015.  , Speaker, 2015 Bankruptcy Update, Foreclosure Trustees, 2015
  • I co-prepared and presented the topic of fraudulent conveyances and preferences as they may apply to a lender facing a bankrupt debtor  at the Parc 55 Hotel, San Francisco, California,  in May of 2015.   The presentation was made to a sophisticated group of private money lenders to whom we have been giving presentations for many years, the California Mortgage Association , Speaker, 2015
  • I co-prepared and presented (along with my co-shareholder, Phillip M. Adleson) a Legal and Regulatory Update regarding cases and laws impacting the business of private money lending at the Tropicana Hotel, Las Vegas, Nevada,  in October, 2015.   The presentation was made to a sophisticated group of private money lenders to whom we have been giving presentations for many years.  The subject included discussions of Fair Debt Collection Practices Act, judicial foreclosure, recent cases on guarantee liability, bankruptcy issues, and other topical matters.  Speaker, Legal and Regulatory Update, California Mortgage Association, Private Mortgage Lenders, Winter, 2014, Speaker,Legal and Regulatory Updates in Private Money Lending, California Mortgage Association, Private Money Lending, 2014, Speaker, 2015 Legal and Regulatory Update, California Mortgage Association, 2015
  • I co-prepared and presented  a seminar session regarding bankruptcy, fraudulent conveyances and preferences and their impact on real estate loans at the Parc 55 Hotel, San Francisco, California, in May of 2015.   Methods of protection against these claims were discussed and presented  The presentation was made to a sophisticated group of private money lenders to whom we have been giving presentations for many years.  , Speaker, Can Bankruptcy Trustees , 2015
  • I co-prepared and presented  a seminar session a Legal and Regulatory Update regarding cases and laws impacting the business of private money lending at the Hilton Hotel, Costa Mesa, California,  in January of 2015.   The presentation was made to a sophisticated group of private money lenders to whom we have been giving presentations for many years.  The subject was loan proceeds "holdbacks" and challenges to cash collateral and the need and methods of properly documenting these transactions, 2015
  • I co-prepared and presented (along with my co-shareholder, Phillip M. Adleson) a Legal and Regulatory Update regarding cases and laws impacting the business of private money lending at the Hilton Hotel, Costa Mesa, California,  in Jan 2015.   The presentation was made to a sophisticated group of private money lenders to whom we have been giving presentations for many years.  The presentation includes a discussion of the most recent new cases in the area of interest to the audience, including bankruptcy, mortgage lending and foreclosure. Speaker, Legal and Regulatory Update, California Mortgage Association, Private Mortgage Lenders, Winter, 2015, Speaker, Legal and Regulatory Updates in Private Money Lending, California Mortgage Association, Private Money Lending, 2015
  • I co-prepared and presented (along with my co-shareholder, Phillip M. Adleson) a Legal and Regulatory Update regarding cases and laws impacting the business of private money lending at the Hilton Universal Hotel, Universal City,  in Jan 2014.   The presentation was made to a sophisticated group of private money lenders to whom we have been giving presentations for many years.  The subject included the "sham guaranty" issue and a discussion of the most recent new case in the area, Speaker, Legal and Regulatory Update, California Mortgage Association, Private Mortgage Lenders, Winter, 2014, Speaker, Legal and Regulatory Updates in Private Money Lending, California Mortgage Association, Private Money Lending, 2014
  • In reviewing a new case, In re Vassau, I explained the theoretical concepts behind preferential transfers and the unique application of those bankruptcy concepts in this matter.  Here, the court held that an underwater junior lienholder, who had not even received any payments from the debtor, could be liable to the bankruptcy trustee for receipt of preferential transfers because the debtor paid a significant amount of money to the senior lienholder just before he filed for bankruptcy.  The argument was that this payment increased the equity available to the junior lienholder in derogation of the rights of unsecured creditors.  It truly is a unique case., Author, Bankruptcy Court Holds That Payments to Senior Lienholder May Constitute Preferential Transfers Recoverable from Partially Underwater Junior Lienholder which Did Not Even Receive Any Payments from the Debtor, California Mortgage Association, Points of Interest Magazine, Private Money Lenders, 2013
  • My article explains the "sham guaranty" defense raised by guarantors in a mortgage lending context.  I explain the issue and suggest several prophylactic steps to assist in defeating such claims., Author, The Rise of the Sham Guaranty Defense to Actions against Guarantors:  Suggestions for Protection, California Mortgage Association "Points of Interest" Magazine, Real Estate Mortgage Brokers, 2013, Author, The Rise of the Sham Guaranty Defense to Actions against Guarantors: Suggestions for Protection, California Mortgage Association, Private Money Lending, 2013
  • My article discusses the danger to a private money lender lending funds for a construction project.  Failure to properly secure the lender's interest in the post-closing funds may result in the loss of the funds to a borrower's bankruptcy trustee or a borrower's creditor.  The importance of obtaining a security agreement and a control agreement under the California Uniform Commercial Code is emphasized.  Published in the California Mortage Association's "Points of Interest" magazine., Author, The Trustee Cometh: How to Protect Construction Loan Funds from Being Grabbed by a Bankruptcy Trustee or Creditor of the Borrower, California Mortgage Association, Private Mortgage Lenders, 2013
  • I co-prepared and presented (along with my co-shareholder, Phillip M. Adleson) a Legal and Regulatory Update regarding cases and laws impacting the business of private money lending at the Monte Carlo Hotel, Las Vegas,  in Oct 2013.   The presentation was made to a sophisticated group of private money lenders to whom we have been giving presentations for many years. , Speaker, Legal and Regulatory Update, California Mortgage Association, Private Mortgage Lenders, Fall, 2013, Speaker, Private Mortgage Financing - Legal and Regulatory Review, California Mortgage Association, Private Money Lending, 2013
  • I co-prepared and presented (along with my co-shareholder, Phillip M. Adleson) a special Legal and Regulatory Update regarding cases and laws impacting the business of private money lending at the Westin Hotel on Market Street in San Francisco in May of 2013.   In particular, I highlighted the impact of the "sham guarantee defense" and ways to avoid the problem.  We also showcased certain loan and guarantor applications designed specifically for commercial loans and commercial guarantees.  The presentation was made to a sophisticated group of private money lenders to whom we have been giving presentations for many years. , Speaker, Legal and Regulatory Update, California Mortgage Association, Private Mortgage Lenders, 2013
  • Presented the annual Bankruptcy Update seminar consisting of a summary and review of all new bankruptcy cases impacting nonjudicial foreclosure trustees in the State of California at The Claremont Hotel in Berkeley, California.  Explanation of how the new cases affect the day to day work of nonjudicial trustees and what issues to watch out for. The seminar was on behalf of the United Trustees Association, a multi-state association of nonjudicial foreclosure trustees who conduct most of the foreclosures in the western states., Speaker, United Trustees Association - Bankruptcy, United Trustees Association, 2013
  • My summary of the case of West v JP Morgan Chase Bank delineates to the reader the obligations a lender has to follow not only the requirements of the written contract between the lender and the borrower, but also incorporated laws, regulations and servicing guidelines when it comes to the terms of a modification agreement. , Author, California Court Interprets HAMP, California Mortgage Association "Points of Interest" Magazine, Real Estate Mortgage Brokers, 2013
  • My article outlines several new laws taking effect on July 1, 2013, relating to obligations of commercial property owners to disclose energy usage to buyers, lenders and tenants of the commercial buildings.  The article also covers lease obligations regarding whether the commercial property being lease or rented has been inspected by a Certified Access Specialist regarding access for the disabled. , Author, New Laws Impacting Commercial Leases and Commercial Buildings to Take Effect on July 1, 2013, California Mortgage Association "Points of Interest" Magazine, Real Estate Mortgage Brokers, 2013
  • I co-presented a segment of a two day seminar to the United Trustees Association, a national association consisting of foreclosure trustees and servicers, on the subject of recent bankruptcy cases decided in the last year.  I advised the members how such cases impact the members' day to day business.  I discussed strategies to employ, pitfalls to avoid, and other rmatters.  I have been presenting to this organization, and its predecessor, since the early 1980s.  The seminar took place at the Hyatt Gainey Ranch Resort in Scottsdale, Arizona.   , Speaker, Bankruptcy Update, United Trustees Association, United Trustees Association, 2012
  • Presented legal and regulatory updates to organization of private mortgage lenders.  Topics included case law, both state and federal, and bankruptcy case and law updates.  Such matters as new requirements for energy reporting to buyer, tenants, and financers of commercial buildings; fraudulent conveyance issues; chapter 13 lien strips; equitable subrogation claims in real estate foreclosure matters; and, other significant case law and regulatory updates were presented. , Speaker, Legal and Regulatory Review, California Mortgage Association, California Mortgage Association, 2012
  • Seminar included discussion of how to properly endorse notes secured by real property deeds of trust and how to properly assign the deed of trust.  Pitfalls and traps for the unwary were discussed.  Highly rated by attendees., Speaker, Assignments or Endorsements of Notes; Investor Liabililty: Avoiding the , California Mortgage Association, California Mortgage Association, 2012
  • Seminar included discussion of new requirements on chapter 13 proofs of claims and rules updates. , Speaker, Legal and Regulatory Review (Part II of II), California Mortgage Association, 2012
  • Presented bankruptcy case law and statutory law updates to association of foreclosure trustees, lenders and associated servicing companies.  Annual Education Conference, 2011, Speaker, Bankruptcy Case Law and Legislative Updates, United Trustees Association, 2011
  • Presented seminar to conference of private money mortgage brokers on how to increase collections through such matters as realizing upon guarantees, endorser liability, judicial foreclosures, receivers, rent demands under 2938, writs of attachment, and defensive maneuvers., Speaker, When the Borrower Won't Talk to You, California Mortgage Association, 2010
  • Presented seminar on title insurance, fraudulent conveyances, equitable subordination, preferences, and other matters to association of private money lender brokers., Speaker, Title Insurance: Creditor Rights Endorsements and Underwriting to Prevent Claims Denial, California Mortgage Assocation, 2010
  • Presented legal requirements of dealing with foreclosure purchasers and sellers to association of real estate brokers ., Speaker, Foreclosure Process and Laws Regulating Foreclosure Purchasers, Santa Clara County Association Of Realtors, 2007
  • Presented current issues regarding federal and state law updates to association of private mortgage lender brokers., Speaker, Federal and State Law Case and Legislative Update, California Mortgage Assocation, 2007
  • Presented updates regarding legal and legislative developments to association of private mortgage lenders., Speaker, Legal Update Reprise, Summary and Conclusion of Legal and Legislative Updates, California Mortgage Assocation, 2006
  • Presented updates regarding California state law to association of private mortgage lenders., Speaker, California Legal Update, California Mortgage Assocation, 2006
  • Presented current issues involving federal law changes to private money mortgage brokers., Speaker, Federal Issues Affecting Mortgage Brokers and Lenders, California Mortgage Assocation, 2006
  • Presented updates to bankruptcy law and federal cases to association of private money lenders.., Speaker, Additional Review of Federal Cases and Bankruptcy Issues, California Mortgage Assocation, 2005
  • Presented updates to state and bankruptcy law to association of private money mortgage lenders., Speaker, Review of Legal Changes, California Mortgage Assocation, 2005
  • Presented updates to federal law to association of private mortgage lenders., Speaker, Changes in Federal Law, California Mortgage Assocation, 2004
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, Annual Education Conference, California Trustees Assocation, 2003
  • Presented updates to bankruptcy law to association of private money mortgage lenders., Speaker, Bankruptcy Case Law Review, California Mortgage Assocation, 2003
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, Annual Education Conference, California Trustees Assocation, 2002
  • Presented current issues regarding the burgeoning field of elder abuse regarding lending, foreclosure, and other related items., Speaker, Elder Abuse Issues in the Mortgage Field, Annual Education Conference, California Trustees Assocation, 2001
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy Case Law Review, Annual Education Conference, California Trustees Assocation, 2001
  • Presented updates to bankruptcy law to association of private money mortgage lenders., Speaker, Bankruptcy Case Law and Legislation Update, California Mortgage Assocation, 2001
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, Annual Education Conference, California Trustees Assocation, 2000
  • Presented updates to bankruptcy law and legislation to association of private money mortgage brokers., Speaker, Contemporary Bankruptcy Issues, California Institute Of Mortgage Brokers, 2000
  • Presented updates to bankruptcy law and legislation to local bar association, attorneys and judges., Speaker, Bankruptcy Case Law and Legislative Update, Santa Clara County Bar Association, 1999
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, Annual Education Conference, California Trustees Assocation, 1999
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, Annual Education Conference, California Trustees Assocation, 1998
  • Presented interim updates on bankruptcy law to members of California Trustees Association, Speaker, Bankruptcy Updates, California Trustees Assocation, 1998
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, Annual Education Conference, California Trustees Assocation, 1997
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, Annual Education Conference, California Trustees Assocation, 1996
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, Annual Education Conference, California Trustees Assocation, 1995
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, Annual Education Conference, California Trustees Assocation, 1994
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, Annual Education Conference, California Trustees Assocation, 1993
  • Presented interim updates to members of the California Trustee's Association, Speaker, Bankruptcy Updates, California Trustees Assocation, 1993
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, California Trustees Assocation, 1992
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, Annual Education Conference, California Trustees Assocation, 1991
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, Annual Education Conference, California Trustees Assocation, 1990
  • Presented bankruptcy updates to members of California Trustees Association, Speaker, Bankruptcy Updates, California Trustees Assocation, 1990
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, California Trustees Assocation, 1989
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, Annual Education Conference, California Trustees Assocation, 1988
  • Presented bankruptcy and legal updates to members of the California Trustees Association, Speaker, Bankruptcy Updates, California Trustees Assocation, 1988
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, California Trustees Assocation, 1988
  • Presented issues regarding mixed collateral foreclosure procedures and problems to California Trustees Association, Speaker, Current Mixed Collateral Foreclosure Issues, California Trustees Assocation, 1987
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, California Trustees Assocation, 1986
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, California Trustee's Association, 1985
  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, California Trustees Assocation, 1984

Verdicts and Settlements:

  • Settled a very complex broker liability matter whereby the chapter 7 trustee was demanding the cancelation of a $1.5M loan and the limited partners of the borrower were suing the broker for several million dollars in damages as well.  Bankruptcy adversary proceeding and separate US District Court proceeding.  Involved three opposition law firms.  The loan remained valid.  Won a summary judgment against the bankruptcy trustee, who appealed.  The cases are dismissed as well as the appeal. The investors were paid in full, including their 9% interest on their loan.  Broker was not out of pocket any funds, 2018
  • I recovered on behalf of my client at mediation about 85% of my client's monetary damages in an IT service provider matter wherein the defendant initially refused to pay anything, 2015
  • Defeated a debtor's attempt to strip my client's lien in an unusual factual situation requiring highly sophisticated analyses of the issues.  Because of my efforts, my client was able to retain a lien worth hundreds of thousands of dollars that otherwise may have been lost., 2013
  • Defended and settled a case in federal court for a foreclosure trustee wherein the plaintiff was seeking hundreds of thousands of dollars for an allegedly wrongful foreclosure and conspiracy with the hard money lender, who was accused of fraud.  Settled the case for $10,000 which was paid for by the client's E&O insurer., 2012
  • Outcome: Defeated claim by debtor questioning my clients' note and deed of trust, seeking refund of payments made, seeking an accounting and seeking attorney's fees.  Defeated the matter on the second motion to dismiss with the debtor not refiling thereafter.  Obtained full award sought of over $35,000 in attorney's fees and costs for defending the matter.  Fees and hourly rate were determined reasonable by the court., 2010
  • Outcome: We defeated a sixteen cause of action claim attacking a large note and deed of trust secured by an office building in Sausalito.  Description: The lawsuit's allegations included claimed violations of RESPA, TILA, Unfair Business Practices Act, HOEPA, and many other claims.  The office building was owned by an attorney who filed the action.  We first advised the client to complete the foreclosure sale, which was done successfully, and we obtained possession.  We then removed the matter from state court to the United States District Court for the Northern District of California in San Francisco.  Our Rule 12(b) motion to dismiss was successful.  We then filed a motion for attorneys fees in a complicated environment for the fees.  We were successful and were awarded "at least" $30,000 by the court.  We then petitioned to have a special master hear a request for additional fees.  The special master awarded us an additional $43,000 for a total of over $77,000, plus ordered the plaintiff to pay the special master's fees of $3,000., 2010
  • Outcome: We defeated a $3.5M foreclosure set-aside claim.Description: My client was sued for advancing $3.5M to a senior lienholder to stop its foreclosure so my client could complete its own foreclosure. The plaintiff claimed that the advance was improper and thus constituted surplus proceeds for the benefit of plaintiff, a junior lienholder. In what was regarded by everyone (judge, opposing counsel and experts) involved in or who heard about the case as one of the most factually complex and legally challenging cases in this area, we defeated a motion for a writ of attachment filed against our client. Thereafter, we filed a motion for summary judgment on behalf of our client and defended one filed against our client. We were successful in defeating the plaintiffs' case and in winning on our motion for summary judgment. This win removed our client's exposure to a claim of over $3.5M dollars., 2009
  • Outcome: We successfully defeated a claim by the Royal Bank of Scotland (RBS)  (Reported at 366 B.R. 83). Description: After a three week trial, we successfully defeated a claim by the Royal Bank of Scotland through a United Kingdom bankruptcy trustee seeking to impose rights on a property in Pebble Beach owned by Mr. Cecconi's wife. The theory used was a purchase money resulting trust, an unusual theory not often litigated. The case was upheld on appeal to the United States District Court in the summer of 2009 and was upheld on appeal in the 9th Circuit Court of Appeals in February of 2011.  The benefit to our clients was in the multi-millions of dollars, totally defeating the trustee's claims., 2007
  • Outcome: We defeated an improper foreclosure claim.Description: The plaintiff borrower claimed that a deed of trust was invalid because the statute of limitations had expired under the "Ancient Mortgages and Deeds of Trust" Act. We defended the case and won on the grounds, among others, that a notice of default is not part of "the record" for determining whether a deed of trust becomes unenforceable under Civil Code section 880.20. The court of appeal agreed with our argument thereby exonerating the trustee under the deed of trust who had recorded a notice of default which stated the due date of the promissory note.  Our firm has also drafted and assisted in passing California legislation relating to this precise issue., 2005
  • Outcome: I represented the defendant, Standard Trust Deed Service, in a landmark case often cited for the propositions decided in a mixture of California and federal law.  The case has been case cited 456 times and secondary source cited 34 times.  Our trial brief and our appellate brief was extensively cited by the court.  The propositions are:  the bankruptcy automatic stay can be valid from the moment it is delivered from the bench, not just when it is entered in the bankruptcy docket; order for relief relates to the filing of the bankruptcy petition, not the order for relief from stay; the impact of Civil Code section 2924g; clarification of a trustee's duty under a deed of trust relating to foreclosure, including interpleader issues; the ability to collect attorneys' fees from non-signators on a contract; the requirement by a plaintiff of tender in order to maintain an action for damages; and other significant issues.  Abdallah v United Savings Bank 43 Cal.App.4th 1101 (1st Dist. 1996).  We also obtained an award of fees against the attorney who brought the case of over $25,000, which we collected in full for the client., 1996
  • Outcome: I represented an amicus curiae (California Trustee's Association) before the United States Supreme Court (In re BFP, 114 S.Ct. 1757, (1994) on a then current issue, that is, whether a foreclosure sale could be considered a fraudulent conveyance under federal law.  The court agreed with our analysis that a foreclosure sale could not be considered a fraudulent conveyance and, thereupon, cannot be set aside., 1994

Transactions:

  • Patric J. Kelly of Adleson, Hess & Kelly, has successfully documented a complicated co-owner borrower/hypothecation loan.  One 50% owner of the property signed the note.  The other co-owner only granted his interest in the same commercial real estate as security for the loan, but did not want to sign the note.  This required appropriate hypothecation and guarantee waiver language in the joint deed of trust, among other documentation, to properly secure the loan., 2015
  • $6,330,000 Refinance of Vacant Land with International Borrower Completed with Firm Assistance August 26, 2015 – Patric J. Kelly, of Adleson, Hess & Kelly, has documented, directed and closed a $6,330,000 refinance for the firm's lender client. The loan is secured by a vacant parcel of developable land in Southern California on behalf of a foreign borrower domiciled in a Caribbean island. This is the third refinance of this valuable property handled by the firm and Mr. Kelly since 2007. As has each such refinance, the project included Mr. Kelly's review and finalization of all loan documents, including the note, the deed of trust, borrower counsel opinion letters, environmental indemnities, and other related financing documents. Mr. Kelly dealt with international counsel in the Caribbean and the borrower's counsel in California. An additional accomplishment was the discovery by Mr. Kelly that the CC&R's that encumbered the property, over fifty-four years old, had expired, a fact not noticed by the title company. Mr. Kelly successfully obtained the removal of these restrictions from title policy. Mr. Kelly has extensive experience in documenting complicated real estate transactions, including financing and re-financing loans, throughout the State of California., 2015
  • Patric J. Kelly of the firm has concluded and guided an extremely complicated "mezzanine" loan transaction.  It involved a security interest in a partnership, UCC-1 issues, modification of the partnership's rights under its organizational documents, a deed of trust on the borrower's personal residence, and other matters., 2014
  • I negotiated and concluded an $8,750,000 refinance of a loan against real property in Beverly Hills.  The borrower was an overseas entity centered in a Caribbean island.  This is the fourth such refinance of this property.  
  • July 31, 2015 - Patric J. Kelly, of Adleson, Hess & Kelly, has successfully guided a $13,500,000 refinance for the borrower/client of a 94 unit apartment building in Cupertino, California. This is the fourth refinance of this multi-family property handled by the firm and Mr. Kelly since 1998. As has each such refinance, the refinance included negotiation of fine points for this particular client's needs, review and finalization of all loan documents, including the note, the deed of trust, guarantees, and other related financing documents, and the issuance of an attorney's opinion letter for the client.

Representative Clients:

  • I represented Ocwen Financial and Aames Home Loan for many years in bankruptcy proceedings throughout the State of California
  • Fannie Mae.  I have represented Fannie Mae in real estate litigation and receiverships throughout California over many years.

Educational Background:

  • Santa Clara University, School of Law  Juris Doctor Degree Graduated Summa Cum Laude; top 5% of class, 1976
  • California State University, Hayward Graduated Summa Cum Laude, Poliltical Science Degree, 1973

Industry Groups

  • American Bankruptcy Association
  • California Mortgage Association
  • Don Edwards Bankruptcy Inns Of Court
  • United Trustees Association
Office Location for Patric J. Kelly

577 Salmar Ave, 2nd Floor
Campbell, CA 95008

 

Patric J. Kelly:

Last Updated: 4/26/2018

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