U.S. Bank National Association v. Smith | Hawaii ICA - TILA Claims on SOL & UDAP - Vacated and Remanded

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U.S. Bank National Association v. Smith | Hawaii ICA – TILA Claims on SOL & UDAP – Vacated and Remanded

U.S. Bank National Association v. Smith | Hawaii ICA – TILA Claims on SOL & UDAP – Vacated and Remanded

IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI’I

U.S.BANK NATIONAL ASSOCIATION AS TRUSTEE, ON BEHALF
OF THE HOLDERS OF THE CREDIT SUISSE FIRST BOSTON MORTGAGE
SECURITIES CORP HOME EQUITY PASS THROUGH CERTIFICATES,
SERIES 2006-8, Plaintiff-Appellee

v.

DANIEL SMITH, TAMMY SMITH, Defendants-Appellants

On the briefs:

Gary Victor Dubin
Frederick J. Arensmeyer
(Dubin Law Offices)
for Defendants-Appellants

Excerpt:
Because the circuit court rejected the Smiths’ TILA
claim on the statue of limitations grounds and their UDAP claim on
the theory that it could not be raised against U.S. Bank, the
circuit did not address whether there were genuine issues
of material fact regarding the merits of those claims. On
remand, the circuit court shall determine whether genuine issues
of material facts exist as to those claims.

 

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