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HAWAIIUSA FEDERAL CREDIT UNION v. MONALIM

SCWC-16-0000807.

464 P.3d 821 (2020)

HAWAIIUSA FEDERAL CREDIT UNION, Respondent/Plaintiff-Appellee, v. Jonnaven Jo MONALIM; Misty Marie Monalim, Petitioners/Defendants-Appellants, and Association of Apartment Owners of Beach Villas at Ko Olina, by its Board of Directors; Ko Olina Community Association, Inc., a Hawai`i nonprofit corporation; Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

April 30, 2020.

Attorney(s) appearing for the Case

Gary Victor Dubin ( Frederick J. Arensmeyer with him on the briefs, application, and reply), Honolulu, for petitioners.

Thomas J. Berger ( Jonathan W.Y. Lai and Tracey L. Ohta with him on the briefs and response), Honolulu, for respondent.

McKENNA, POLLACK, AND WILSON, JJ., WITH NAKAYAMA, J., CONCURRING AND DISSENTING, WITH WHOM RECKTENWALD, C.J., JOINS.

The law has long permitted a borrower, or mortgagor, to pledge real property to a lender, or mortgagee, as security for a loan. In the event of a default, the mortgagee may sell the property to generate funds that will go toward paying what is owed. In some instances, however, the proceeds of the sale are insufficient...

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