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DEUTSCHE BANK NAT. TRUST CO. v. PEELUA

No. SCWC-30225.

265 P.3d 1128 (2011)

126 Haw. 32

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee Under the Pooling and Service Agreement Relating to Impac Secured Assets Corp., Mortgage Pass-Through Certificates, Series 2007-2, Petitioner/Plaintiff-Appellee, v. WAYNE PEELUA, Respondent/Defendant-Appellant.

Supreme Court of Hawai`i.

November 8, 2011.

Attorney(s) appearing for the Case

Charles R. Prather , and Peter K. Keegan (RCO Hawaii, LLLC) for petitioner/plaintiff-appellee.

James Richard McCarty , for respondent/defendant-appellant.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, DUFFY, and McKENNA, JJ.

Opinion of the Court by ACOBA, J.

We hold that (1) where, in an ejectment proceeding filed in district court, a defendant seeks to raise a defense to the court's jurisdiction pursuant to District Court Rules of Civil Procedure (DCRCP) Rule 12.1,1 on the ground that the action is one in which title to real estate will come into question, the defendant must set forth in the affidavit "the source, nature, and extent of the title claimed by...

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