US Bank v MATTOS | HI SC - there is a genuine issue of material fact as to whether Ocwen had authority to sign the second assignment of mortgage to U.S. Bank... "Qualified" Robo-Witness Fail

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US Bank v MATTOS | HI SC – there is a genuine issue of material fact as to whether Ocwen had authority to sign the second assignment of mortgage to U.S. Bank… “Qualified” Robo-Witness Fail

US Bank v  MATTOS | HI SC – there is a genuine issue of material fact as to whether Ocwen had authority to sign the second assignment of mortgage to U.S. Bank… “Qualified” Robo-Witness Fail

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IN THE SUPREME COURT OF THE STATE OF HAWAII
—oOo—

_________________
U.S. BANK N.A. IN ITS CAPACITY AS TRUSTEE FOR THE REGISTERED
HOLDERS OF MASTR ASSET BACKED SECURITIES TRUST 2005-NC1,
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-NC1,
Respondent/Plaintiff-Appellee,
vs.
JOSEPH KEAOULA MATTOS, CHANELLE LEOLA MENESES,
Petitioners/Defendants-Appellants,
and
CITIFINANCIAL, INC., ASSOCIATION OF APARTMENT OWNERS OF
TERRAZA/CORTEBELLA/LAS BRISAS/TIBURON,
EWA BY GENTRY COMMUNITY ASSOCIATION,
Respondents/Defendants-Appellees

SCWC-14-0001134
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-14-0001134; CIVIL NO. 11-1-1539)
JUNE 6, 2017
RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, AND WILSON, JJ.
OPINION OF THE COURT BY McKENNA, J.

I. Introduction
This appeal arises from a judicial decree of foreclosure
granted in favor of plaintiff “U.S. Bank N.A. in its Capacity as
Trustee for the registered holders of MASTR Asset Backed
Securities Trust 2005-NC1, Mortgage Pass-Through Certificates,
Series 2005-NC1” (“U.S. Bank”) against defendants Joseph Keaoula
Mattos (“Mattos”) and Chanelle Leola Meneses (“Meneses”)
(collectively, “Defendants”). At issue is whether the Circuit
Court of the First Circuit 1 (“circuit court”) properly granted
U.S. Bank’s “Motion for Summary Judgment and Decree of
Foreclosure Against All Defendants on Complaint Filed July 21,
2011” (“motion” or “motion for summary judgment”). In its
published opinion, the Intermediate Court of Appeals (“ICA”)
affirmed the circuit court. U.S. Bank N.A. v. Mattos, 137
Hawaii 209, 367 P.3d 703 (App. 2016).2

 

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