Kelly Andrew Beall

PARTNER
kabeall@ww.law

Orange County Office
2212 Dupont Drive, , Irvine, CA 92612-1525
T: (949) 475-9200  |  F: (949) 475-9203

Website: wolfewyman.com

PRACTICE AREAS

  • Business Litigation and Counseling
  • Lender Liability Defense
  • Mortgage Banking
  • Real Property
  • Title Insurance
  • W&W Trial Team

EDUCATION

  • University of California, Santa Barbara, B.A., Law and Society, 1988
  • University of the Pacific, McGeorge School of Law, J.D., 1992

BIOGRAPHY

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.

Experience

  • Represented commercial lessee in a multi-million dollar action for breach of commercial lease, breach of lease covenants and waste.

  • Represented owners and lenders in real property title disputes involving easements, lien priorities, ownership and lien validity challenges.

  • Represented and defended real property owners in REO purchase/sale agreement disputes involving failure to disclose claims.

  • Successfully defended national mortgage loan servicer at trial resulting in dismissal of claims of unfair loan servicing business practices (California Business & Professions Code Section 17200) and violations of the Truth-In-Lending Act and the Real Estate Settlement Procedures Act. (Arthur Casale v. GMAC Mortgage, LLC, et. al. San Diego County Superior Court, 37-2007-00075251-CU-BC-CTL) 

  • Obtained summary judgments in favor of holders of mortgage loans against claims of wrongful foreclosures of high value residential properties in Beverly Hills and La Costa.

  • Successfully negotiated pre-litigation settlement on behalf of real property owner in complex multi-million dollar habitability dispute.

Reported Appellate Opinions

  • Hindra v. Beall, California Court of Appeal, Not Reported in Cal.Rptr.5th, 2020 WL 548922, Cal.App. 2d Dist., February 4, 2020

     

  • Manapat v. Hoffman, California Court of Appeal, Not Reported in Cal.Rptr.5th,  2017 WL 222563, Cal.App. 2 Dist., January 19, 2017

  • Anthony Wright, Sr. v. Bayview Loan Servicing, LLC, Ninth Circuit Court of Appeal, Slip Copy  2016 WL 5800487 C.A. 9 (CA) October 05, 2016

  • Anthony Wright, Sr. v. Bayview Loan Servicing, LLC, Ninth Circuit Court of Appeal, Slip Copy, 2016 WL 5800490 C.A. 9 (CA) October 05, 2016

  • Frantz v. U.S. Bank Nat Ass'n; Ninth Circuit Court of Appeal, Slip Copy  2013 WL 6492251 C.A.9, (CA.) December 11, 2013.

  • Pena v. PNC Bank, N.A. California Court of Appeal, Not Reported in Cal.Rptr.3d, 2013 WL 3787609, Cal.App. 4 Dist., July 19, 2013

  • Smith v. Carrington Mortgage Services, California Court of Appeal, Not Reported in Cal.Rptr.3d, 2013 WL 2951856, Cal.App. 5 Dist., June 17, 2013

  • Seneca v. First Franklin Financial Corporation, Ninth Circuit Court of Appeal, Slip Copy 2013 WL 3186559, 2013 C.A. 9, (CA) June 25, 2013. 

  • Tavitian v. Norwest Mortg., Inc. California Court of Appeal, Not Reported in Cal.Rptr.3d, 2004 WL 2325711, Cal.App. 2 Dist., October 15, 2004

  • Gonzalez v. Michelucci-Hardrick, California Court of Appeal, Not Reported in Cal.Rptr.3d, 2010 WL 109729, Cal.App. 4 Dist., January 13, 2010

  • Smith v. Home Loan Funding, Inc., California Court of Appeal, (2011) 192 Cal.App.4th 1331, 121 Cal.Rptr.3d 857

  • Bushkin v. Deutsche Bank National Trust Company, California Court of Appeal, Not Reported in Cal.Rptr.3d, 2012 WL 1868241, Cal.App. 2 Dist., May 23, 2012

  • Gale v. First Franklin Loan Services, Ninth Circuit Court of Appeal, Slip Copy 2012 WL 2855811  C.A. 9, (CA) July 12, 2012 

  • Kristine Ann Bistline  v. Ditech Financial, LLC, Ninth Circuit Court of Appeal, Slip Copy  2022 WL 1658231 C.A. 9 (CA) May 25, 2022