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NATIONSTAR MORTG. v. OWNERS OF ELIMA CONDO.

SCWC-18-0000475.

526 P.3d 383 (2023)

NATIONSTAR MORTGAGE, LLC, Respondent/Plaintiff-Appellee, v. ASSOCIATION OF APARTMENT OWNERS OF ELIMA LANI CONDOMINIUMS, Petitioner/Defendant-Appellant, and Thomas Blake K. David; Sarah L. David; The Bank of New York Mellon, formerly known as The Bank of New York, as Trustee for the Certificateholders of CWEHQ, Inc., Home Equity Loan Asset Backed Certificates, Series 2006-S6; FIA Card Services, N.A. Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

March 15, 2023.

Attorney(s) appearing for the Case

R. Laree McGuire , Honolulu, for Petitioner/Defendant-Appellant.

Kalama M. Lui-Kwan , for Respondent/Plaintiff-Appellee.

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

I. INTRODUCTION

The Association of Apartment Owners of Elima Lani Condominiums (AOAO) foreclosed on a unit owned by Thomas Blake K. David and Sarah L. David (the Davids) for failure to pay common assessments. Later, Nationstar Mortgage, LLC (Nationstar) filed a complaint for foreclosure of the...

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