BANK OF NEW YORK MELLON v. LARRUA

NO. CAAP-17-0000904 (Consolidated with No. CAAP-18-0000571).

504 P.3d 1017 (2022)

BANK OF NEW YORK MELLON, fka the Bank of New York, AS TRUSTEE FOR the CERTIFICATE HOLDERS OF the CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-15, Plaintiff-Appellee v. Mark L. LARRUA, aka Mark K. Larrua, Karlene L. Larrua, Defendants-Appellees, Association of Apartment Owners of Elima Lani Condominiums, Defendant-Appellant, John Does 1-20; Jane Does 1-20; Doe Corporations 1-20, Doe Entities 1-20; and Doe Governmental Units 1-20, Defendants.

Intermediate Court of Appeals of Hawai`i.

January 31, 2022.


Attorney(s) appearing for the Case

On the briefs:

R. Laree McGuire , Honolulu, Jason K. Adaniya , (Porter McGuire Kiakona & Chow, LLP), for Defendant-Appellant ASSOCIATION OF APARTMENT OWNERS OF ELIMA LANI CONDOMINIUMS.

Charles R. Prather , Peter T. Stone , Honolulu, (TMLF HAWAII LLLC), for Plaintiff-Appellee THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2006-15.

LEONARD, PRESIDING JUDGE, HIRAOKA AND MCCULLEN, JJ.


This appeal stems from the contention that an apartment owners association, after having nonjudicially foreclosed upon an assessment lien and thereby taking title to an apartment unit, has the right to maintain possession and retain rental proceeds from the unit even after a subsequent foreclosure decree and judgment...

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