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WELLS FARGO BANK, N.A. v. FONG

SCWC-16-0000435.

488 P.3d 1228 (2021)

WELLS FARGO BANK, N.A., dba Americas Servicing Company, Respondent/Plaintiff-Appellee, v. Marianne S. FONG, Individually and as Trustee of the Marianne S. Fong Revocable Trust Dated October 16, 2003, Petitioner/Defendant-Appellant, and Onomea Bay Ranch Owner's Association, Inc., Defendant.

Supreme Court of Hawai`i.

May 28, 2021.

Attorney(s) appearing for the Case

Al Thompson for petitioner/defendant-appellant Marianne S. Fong.

Edmund K. Saffery and Deirdre Marie-Iha , Honolulu, for respondent/plaintiff-appellee Wells Fargo Bank, NA dba Americas Servicing Company.

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

A bank seeking to foreclose on a mortgage and note bears the burden of establishing that the borrower defaulted under the terms of the agreements. In order to satisfy this burden and prevail on a motion for summary judgment, the bank must submit evidence which clearly demonstrates the borrower's default.

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