Fannie Mae vs Brown | Hawaii Appeals Court - Not to Pursue Foreclosure Under Trial Period Plan (TPP) Agreement.. Non-Judicial Foreclosure Sale..Calls into Question Title of Property - Vacated, Remanded and Dismissed

IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAII

FEDERAL NATIONAL MORTGAGE ASSOCIATION,
Plaintiff-Appellee

DAVID S. BROWN,
Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT
LAHAINA DIVISION

MEMORANDUM OPINION

In this case, Plainiff-Appellee Federal National Mortgage Association (Fannie Mae) filed a “Verified Complaint For Ejectment” (Complaint) in the District Court of the second Circuit, Lahaina Division (district court), seeking a judgement for possession of the property located at 95 Hui Road F, Apt. A, Lahaina, Hawaii (Property)and a writ of possession directing the removal of Defendant-Appellant David S. Brown (Brown) and any other persons from the Property. Fannie Mae asserts that it is entitled to possession of the Property by virtue of a non-judicial foreclosure sale at which it purchased the Property and a “Mortgagee’s Quitclaim Deed Pursuant To Power of Sale” in which OneWest Bank FSB (OneWest Bank), as the foreclosing mortgagee, conveyed the Property to Fannie Mae.

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