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APAO v. BANK OF NEW YORK

No. 01-16565.

324 F.3d 1091 (2003)

Margaret A. APAO, Plaintiff-Appellant, v. The BANK OF NEW YORK, as Trustee for Amresco Residential Securities Corporation Mortgage Loan Trust 1997-3 Under the Pooling & Servicing Agreement dated as 9/1/97; San Diego Home Loans, Inc., a California corporation, Defendants, and ARM Financial Corporation, a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 4, 2003.

Attorney(s) appearing for the Case

Gary Victor Dubin, Dubin Law Offices, Honolulu, HI, for the plaintiff-appellant.

R. John Seibert and Kenneth J. Mansfield, McCorriston Miller Mukai MacKinnon, LLP, Honolulu, HI, for the defendant-appellee.

Before: SCHROEDER, Chief Judge, ALARCÓN and FISHER, Circuit Judges.

SCHROEDER, Chief Judge.

Plaintiff-appellant Margaret Apao lost her home to a foreclosure and sale under procedures provided for in her mortgage contract and authorized under Hawaii's non-judicial foreclosure statute. See Haw. Rev.Stat. § 667-5. She filed this action in federal district court challenging that statute as violating the due process clause of the Fourteenth Amendment.

The district court dismissed the case for failure to state a claim...

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