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FIRST HAWAIIAN BANK v. TIMOTHY

No. 22795.

31 P.3d 205 (2001)

96 Hawaii 348

FIRST HAWAIIAN BANK, Plaintiff-Appellee, v. Robert Melven TIMOTHY, et al., Defendants, and Ralph K. Hayashi, Purchaser-Appellant, and Association of Apartment Owners of Crosspointe, by and through its Board of Directors, Plaintiff, v. First Hawaiian Bank, Defendant-Appellee, and Robert Melven Timothy, et al., Defendants, and Ralph K. Hayashi, Purchaser-Appellant.

Intermediate Court of Appeals of Hawaii.

As Amended August 30 and September 17, 2001.

Attorney(s) appearing for the Case

Jason N. Baba, Bruce D. Voss (Bays, Deaver, Hiatt, Lung & Rose) on the briefs, Honolulu, for purchaser-appellant.

Wayne K.T. Mau, Peter A. Horovitz (Watanabe, Ing & Kawashima) on the briefs, Honolulu, for plaintiff-appellee/ defendant-appellee.

WATANABE, Acting C.J., LIM, and FOLEY, JJ.

Opinion of the Court by WATANABE, Acting C.J.

This appeal stems from a mortgage foreclosure case in which Purchaser-Appellant Ralph K. Hayashi (Hayashi), the confirmed highest bidder at a judicial foreclosure sale, failed to pay the balance of the price that he had bid for the property. As a result, the Circuit Court of the First Circuit (the circuit court), Judge Kevin S.C. Chang (Judge Chang) presiding, cancelled the sale to Hayashi, forfeited the $7,200.00 that...

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