MOUNT v. APAO

SCWC-13-0002977 SCWC-13-0002610 SCWC-14-0000556.

384 P.3d 1268 (2016)

Gerald K. MOUNT, Jr. and Jane R. Mount, Respondents/Plaintiffs/Counterclaim Defendants/Appellees, v. Margaret APAO, Petitioner/Defendant/Appellant, and Dirk Apao as Co-Personal Representative of the Estate of Rose Marie Alvaro, deceased, Petitioner/Defendant/Counterclaim Plaintiff/Third-Party Plaintiff/Appellant, and Sesha Lovelace, as Co-Personal Representative of the Estate of Rose Marie Alvaro, deceased, Petitioner/Defendant/Cross-Claim Defendant/Appellee, and U.S. Bank National Association, A National Association As Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates 2005-SC1, Respondent/Third-Party Defendant/Cross-Claim Plaintiff/Appellee.

Supreme Court of Hawai`i.

NOVEMBER 1, 2016.


Attorney(s) appearing for the Case

Frederick J. Arensmeyer , Honolulu, for petitioners.

Paul Alston and J. Blaine Rogers , Honolulu, for respondent U.S. Bank National Association, a National Association as Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates 2005-SC1

Mary Martin , Michael C. Bird , and Summer H. Kaiawe , Honolulu, for respondents Gerald K. Mount, Jr. and Jane R. Mount.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, AND WILSON, JJ.


I. Introduction

This consolidated appeal arises from an ejectment action initiated after a nonjudicial foreclosure on real property pursuant to Hawai`i Revised Statutes ("HRS") § 667-5 (Supp. 2008), which was repealed in 2012.1 The Circuit Court of the First Circuit...

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