Bank of America, NA v. REYES-TOLEDO | HI Supreme Court - there is a genuine issue of material fact as to whether Bank of America held the Note at the time it filed the complaint ... erred in dismissing Homeowner’s counterclaims

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Bank of America, NA v. REYES-TOLEDO | HI Supreme Court – there is a genuine issue of material fact as to whether Bank of America held the Note at the time it filed the complaint … erred in dismissing Homeowner’s counterclaims

Bank of America, NA v. REYES-TOLEDO | HI Supreme Court –  there is a genuine issue of material fact as to whether Bank of America held the Note at the time it filed the complaint …  erred in dismissing Homeowner’s counterclaims

h/t Dubin Law Offices

IN THE SUPREME COURT OF THE STATE OF HAWAI?I
—o0o—

BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP,
Respondent/Plaintiff-Appellee,

vs.

GRISEL REYES-TOLEDO,
Petitioner/Defendant-Appellant,

and

WAI KALOI AT MAKAKILO COMMUNITY ASSOCIATION;
MAKAKILO COMMUNITY ASSOCIATION; and
PALEHUA COMMUNITY ASSOCIATION,
Respondents/Defendants-Appellees.

SCWC-15-0000005

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-15-0000005; CIVIL NO. 12-1-0668)

FEBRUARY 28, 2017

NAKAYAMA, ACTING C.J., McKENNA, POLLACK, AND WILSON, JJ., AND CIRCUIT
COURT JUDGE GARIBALDI, IN PLACE OF RECKTENWALD, C.J., RECUSED
OPINION OF THE COURT BY POLLACK, J.

This case raises issues of standing and appellate
jurisdiction that pertain to foreclosure proceedings. We
consider whether a foreclosing plaintiff seeking summary
judgment must prove it had standing to foreclose on the
homeowner’s property at the commencement of the lawsuit to be
entitled to foreclosure of the subject property. We also
determine the extent of appellate jurisdiction over
interlocutory orders leading up to a foreclosure decree.

[…]

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