Benjamin A. Kelley

Tel 410.528.5515
Fax 410.528.5650

Benjamin A. Kelley is Co-Team Leader of the Insurance Company and Institutional Investments Team. He counsels clients in all aspects of real estate-related legal matters with a primary emphasis on representing both lenders and borrowers in commercial real estate finance transactions. These transactions include construction/rehabilitation loans, forward commitments, acquisition loans, refinance loans, bridge loans, tenant improvement financings, mezzanine loans, structured and permanent financings (and assumptions and modifications thereof) of market rate and affordable multifamily housing projects, seniors housing projects, industrial/warehouse projects, office buildings/complexes, corporate parks, retail shopping centers, and mixed-use projects.

Ben has represented agency (Fannie Mae, Freddie Mac, HUD) lenders, life insurance companies, banks, financial advisers, broker/dealers, trusts (including REITs), partnerships, LLCs, and corporations in connection with such transactions. He has represented real estate owners and developers in real estate development and finance transactions, and has represented commercial property owners in commercial leasing matters.

Ben has also acted as underwriter's counsel in public bond issuances. He has closed transactions in connection with projects located in Maryland and throughout the country, and has extensive experience closing multi-property, multi-jurisdiction portfolio finance transactions. Ben has also acted as special Maryland counsel for financings of projects located in Maryland, and is familiar with preparing and delivering local counsel opinion letters in connection with such financings.

Before joining Ballard Spahr as an associate, Ben clerked in the firm's Real Estate Department for two and a half years while attending law school, assisting in complex real estate finance transactions, bond transactions, mixed-use development projects, commercial leasing matters, and general corporate organizational matters.

Representative Matters

  • Represented an institutional lender in connection with the permanent financing of a newly developed retail shopping center in Baltimore
  • Represented two banks in the assumption by a new borrower of two portfolios of loans secured by properties that have been leased to a major drug store chain
  • Represented mortgage lenders in the assumption by a publicly traded REIT of $837 million in existing mortgage debt in connection with the REIT’s acquisition of a privately held seniors housing operator; transaction involved 118 senior living communities across the country and more than 120 commercial mortgage loans
  • Represented a financial adviser in arranging financing for the construction and long-term operation of a 1.5 million-square-foot manufacturing and research facility, totaling $687 million
  • Represented an institutional lender in connection with the permanent financing of a mixed-use project in Washington, D.C.
  • Represented a mortgage lender in connection with the financing for the rehabilitation of an affordable-housing project in the Bronx, New York
  • Represented an institutional lender in connection with the permanent financing of a portfolio of industrial warehouses in New Jersey
  • Represented an institutional lender in connection with the permanent financing of multiple student housing projects located in Charlottesville, Virginia
  • Represented a real estate developer in connection with the development of a phased mixed-use project in Baltimore
  • Represented a mortgage lender in connection with the permanent financing of a portfolio of four multifamily apartment projects in Indiana

Pro Bono Experience

Ben has participated in Wills for Heroes ( events in Rockville and Baltimore, Maryland at which he and other Ballard Spahr attorneys assisted first responders and veterans in completing basic estate planning documentation.

Ben has counseled Baltimore Green Space (a nonprofit land trust that partners with communities to preserve and support community gardens, forest patches, pocket parks, and other community-managed open spaces) in connection with its acquisition of community-managed open spaces in Baltimore City, Maryland.

Ben worked with a team of Ballard Spahr attorneys and the Maryland ACLU in challenging the constitutionality of an Elkton, Maryland, loitering law on behalf of eight homeless individuals whose personal effects were destroyed when the town bulldozed the campsite where they were living. On September 5, 2007, Elkton's town council repealed the loitering law.

Professional Activities

Chair of the Senior Housing and Assisted Living Committee for the American Bar Association's Section of Real Property, Trust and Estate Law

Maryland Chapter of the American Constitution Society, Steering Committee Member

Former Vice Chair of the Executive Committee of the Equal Justice Associates, a private-bar fundraising and networking arm of the Maryland Legal Aid Bureau

Board Memberships

Baltimore Green Space, Board Member and Chair of the Land Transactions Committee

University of Baltimore School of Law (J.D. 2008, cum laude)
Staff Member, The University of Baltimore Law Review

University of Maryland (B.S. 2002)