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Practice Areas
Kelly practices primarily in the area of mortgage banking litigation, with an emphasis on lender liability, loan servicing disputes and unfair debt collection defense. His practice also includes real property disputes, business litigation and counseling, loan fraud recovery and loss mitigation, unfair business practice claims, title insurance defense and lien validity and priority challenges.
Kelly's trial experience includes the representation of clients in various types of cases including mortgage banking disputes, business and commercial disputes and homeowner association litigation. He also previously prosecuted and tried before a jury a business litigation tortious interference with contract case resulting in a favorable settlement on the eve of deliberations. He has prosecuted and/or defended over twenty-five trials and arbitrations in both Northern and Southern California.
Kelly also represents financial institutions in appeals in both state and federal appellate courts. These appeals involved issues relating to contracts, civil procedure, mortgage banking and loan servicing practices and wrongful foreclosure of real property.
Kelly's prior practice experience includes the representation of escrow companies, residential and commerical landlords and financial leasing companies. He also has extensive prior experience in the representation of community and homeowner's associations including general counsel matters, collections and covenant enforcement litigation.
Admitted to Practice
Supreme Court of the United States of America
United States Court of Appeals for the Ninth Circuit
Supreme Court of the State of California
United States District Court, Central District of California
United States District Court, Northern District of California
United States District Court, Southern District of California
United States District Court, Eastern District of California
Professional Activities
Kelly is a member of the Orange County Bar Association. He was the chair for the Orange County Bar Association, Creditor's Rights Section in 1998 and 1999.
Kelly has served as a panelist for the California Mortgage Bankers Association (CMBA) and at other default servicing conferences; speaking on such topics as foreclosure practices, foreclosure surplus fund distribution, mortgage elimination schemes and unlawful detainer/eviction practices. He has co-published articles entitled California Collection Law: Start to Finish and California Foreclosure and Repossession. Kelly has lectured on California debt collection law for the National Business Institute (NBI). He has also spoken on California foreclosure law for the Los Angeles County Bar Association and for the Orange County Bar Association.
Kelly obtained his California Real Estate Broker's license in 1999. He is also a member of Phi Delta Phi legal fraternity. He is also a member of Phi Delta PhiHe is also legal fraternity.
Hobbies and Interests
Golf, wine collecting/tasting and softball. Kelly has served for over ten years as the president or board member of several homeowners associations.
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