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DELAPINIA v. NATIONSTAR MORTG. LLC

SCWC-17-0000387.

497 P.3d 106 (2021)

Ray A. DELAPINIA and Robyn M. Delapinia, Petitioners/Plaintiffs-Appellants, v. NATIONSTAR MORTGAGE LLC; Federal National Mortgage Association; Terry Louise Cole; Mortgage Electronic Registration Systems, Inc.; American Savings Bank, F.S.B., Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

October 25, 2021.

Attorney(s) appearing for the Case

James J. Bickerton , Honolulu, ( Bridget G. Morgan-Bickerton , Stanley H. Roehrig , John F. Perkin and Van-Alan H. Shima with him on the briefs) for petitioners.

Jade Lynne Ching ( David A. Nakashima , Honolulu, and Kanoelani S. Kane with her on the brief) for respondents Nationstar Mortgage LLC and Federal National Mortgage Association.

Michael C. Bird , Honolulu, ( Jonathan W.Y. Lai , Thomas J. Berger and Summer H. Kaiawe with him on the brief) for respondents Terry Louise Cole and American Savings Bank, F.S.B.

Patricia J. McHenry and Janjeera S. Hail , Honolulu, for respondent Mortgage Electronic Registration Systems, Inc.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, WILSON, JJ., AND CIRCUIT JUDGE WONG, IN PLACE OF POLLACK, J., RECUSED.

I. INTRODUCTION

In 2010, the plaintiffs' Kihei property was foreclosed by nonjudicial foreclosure under Hawai`i Revised Statutes (HRS) Part I (since repealed). Several years later, the plaintiffs sued for wrongful foreclosure and quiet title against various defendants: their mortgagees, the subsequent...

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