Patric Jon Kelly's Legal Cases (4)

Foreclosure

Singh v 2720 Uridias Ranch

Oct 29, 2009

OUTCOME: We defeated a $3.5M foreclosure claim.

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 cons ... tituted surplus proceeds for the benefit of plaintiff, a junior lienholder. In what was regarded by everyone 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 one was 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.

Chapter 11 bankruptcy

In re Zamani

Jan 01, 2008

OUTCOME: Client saved tens of thousands of dollars in default interest due to our efforts

We successfully defeated a bank's attempt to collect default interest in the bankruptcy court.

Bankruptcy and debt

Spicer v Cecconi

Apr 17, 2007

OUTCOME: We successfully defeated a claim by RBS

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 is currently on appeal. The benefit to our clients was in the multi-millions of dollars.

Foreclosure

Ung v Koehler

Dec 08, 2005

OUTCOME: We defeated an improper foreclosure claim.

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 also drafted and assisted in passing California state legislation on this issue.

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