Attorney Profile

Patric J. Kelly

Patric Kelly

Adleson Hess & Kelly, A Professional Corporation
577 Salmar Avenue, 2nd Floor
Campbell, CA 95008

Campbell

California (CA)

Contact Contact Patric J. Kelly
T: 408-341-0234
F: 408-341-0250

Visit: www.ahk-law.com
Practice Areas: Real Estate (50%), Bankruptcy & Creditor/Debtor Rights (40%), Business/Corporate (10%)

Real Estate

Bankruptcy & Creditor/Debtor Rights

Business/Corporate

Industry Groups: American Bankruptcy Association, California Mortgage Association, United Trustees Association

Profile

Mr. Kelly has been an 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.) 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 and co-author of books relating to the fields of real estate, bankruptcy and foreclosure. 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 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 1979, 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.

Selected To

Northern California Super Lawyers 2011
Northern California Super Lawyers 2006
Northern California Super Lawyers 2005
Northern California Super Lawyers 2004

About Patric Kelly

Admitted: 1976, California

Professional Webpage: www.ahk-law.com/kelly.php

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., AV Rating Martindale Hubbell, Martindale Hubbell, 1996
  • 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, 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, 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, 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, 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, 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, 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, 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, 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, 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, 2007
  • 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
  • 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, 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, 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, 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

Special Licenses/Certifications:

  • California Real Estate Broker's License Maintained through current, 1979

Bar/Professional Activity:

  • Member of California State Bar and Santa Clara County Bar Association, 1976
  • Member of United Trustee's Association (formerly, California Trustee's 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
  • Member, American Bankruptcy Institute, an educational organization nationwide dedicated to assisting bankruptcy professionals., 2007
  • Member of Congressman Don Edwards Inns of Court, an organization dedicated to the education of its members in the bankruptcy field., 2008

Scholarly Lectures and Writings:

  • Presented updates to bankruptcy law to association of foreclosure trustees, lenders and associated servicing companies., Speaker, Bankruptcy and Legal Updates, California Trustees Assocation, 1984
  • 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, 1986
  • 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, 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 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, 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, 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, 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, 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, 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, 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, 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, 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, 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 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, 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 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, 2002
  • 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 federal law to association of private mortgage lenders., Speaker, Changes in Federal Law, California Mortgage Assocation, 2004
  • 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 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 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 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 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
  • 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

Verdicts and Settlements:

  • 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
  • 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.  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; the ability to collect attorneys' fees from non-signators on a contract;and other significant issues., 1996
  • 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: 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 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: 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

Educational Background:

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