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WELLS FARGO BANK, N.A. v. BEHRENDT

SCAP-16-0000645.

414 P.3d 89 (2018)

WELLS FARGO BANK, N.A. as Trustee for Option One Mortgage Loan Trust 2006-2 Asset-Backed Certificates, Series 2006-2, Petitioner/Plaintiff-Appellee, v. Jonathan BEHRENDT, Respondent/Defendant-Appellant, and Association of Apartment Owners of Waialae Gardens; Sand Canyon Corporation; John Does 1-10; Jane Does 1-10; DOE Partnerships 1-10; DOE Partnerships 1-10; DOE Corporations 1-10; DOE Entities 1-10 and DOE Governmental Units 1-10, Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

March 15, 2018.

Attorney(s) appearing for the Case

J. Blaine Rogers and Lori King Stibb , Honolulu, for petitioner.

Gary Victory Dubin and Frederick J. Arensmeyer , Honolulu, for respondent.

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

This case involves the question of whether a purchaser of property that is subject to a mortgage to which the purchaser is not a party may challenge a foreclosing plaintiff's entitlement to enforce the note. Because the requirement — that a party seeking to foreclose must be entitled to enforce the note...

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