429 P.3d 604 (Hawaii App. 2018), CAAP-13-0001390, PNC Mortgage v. Kondo
|Citation:||429 P.3d 604, 143 Hawaii 282|
|Party Name:||PNC MORTGAGE, a Division of PNC Bank, N.A., Successor by Merger with National City Bank, Plaintiff-Appellee, v. Reiko KONDO, Newtown Estates Community Association, and Hector Ballesteros Enriquez, Defendants-Appellees, and Does 1-20, Janes Does 1-20, Doe Partnerships 1-20, Doe Corporations 1-20, Doe Governmental Entities 1-20, Defendants, and ...|
|Attorney:||Junsuke Otsuka, (Otsuka & Associates), for Defendant/Intervenor-Appellant. Jade Lynne Ching and Melissa M. Uhl, (Alston Hunt Floyd & Ing), for Plaintiff-Appellee.|
|Judge Panel:||By: Fujise, Presiding Judge, and Leonard and Reifurth, JJ.|
|Case Date:||October 31, 2018|
|Court:||Court of Appeals of Hawai'i, Intermediate|
This decision has been designated as "Unpublished disposition." in the Pacific Reporter. See HI R RAP RULE 35
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 08-1-2221).
On the briefs:
Junsuke Otsuka, (Otsuka & Associates), for Defendant/Intervenor-Appellant.
Jade Lynne Ching and Melissa M. Uhl, (Alston Hunt Floyd & Ing), for Plaintiff-Appellee.
By: Fujise, Presiding Judge, and Leonard and Reifurth, JJ.
This case involves an alleged foreclosure rescue scheme affecting certain real property located on Hoala Street in Aiea, Hawaii (the "Property"). The Property is registered land court property bearing Transfer Certificate of Title ("TCT") 850,908.
Defendant-Intervenor-Appellant Patricia Naomi Park ("Park") appeals from the May 13, 2013 Final Judgment in Favor of Plaintiff PNC Mortgage, a Division of PNC Bank, N.A., Successor by Merger with National City Bank and Against Defendant-Intervenor Patricia Naomi Park on All Claims Pled Against Plaintiff in the Complaint in Intervention, filed February 4, 2009 ("Final Judgment") by the Circuit Court of the First Circuit ("Circuit Court").1
On appeal, Park raises points of error that can be summarized as contending that the Circuit Court abused its discretion in (A) granting the motion for certification of the Final Judgment under Hawaii Rules of Civil Procedure ("HRCP") Rule 54(b) filed by Plaintiff-Appellee PNC Mortgage, a Division of PNC Bank, N.A., Successor by Merger with National City Bank ("PNC"), when there were genuine issues of disputed material fact; (B) granting PNCs renewed motion for summary judgment when there were genuine issues of disputed material fact; and (C) issuing Final Judgment in favor of PNC when there were genuine issues of disputed material fact. For the reasons explained below, we affirm.
In 2003, Parks husband, Dwight Park ("Dwight") conveyed his interest in the Property to Park. Subsequently, as the tenant in severalty, Park refinanced the existing mortgage on the Property and borrowed $405,000 from BNC Mortgage, Inc., secured by a new mortgage on the Property. In 2006, Park refinanced the mortgage from BNC Mortgage, Inc. with a new mortgage loan from Zone Funding in the amount of $473,900 (the "Zone Funding Mortgage"). According to Park, this loan was solicited with help from an alleged mortgage broker, Bobby Wood, who was Dwights friend. The Zone Funding Mortgage had an adjustable interest rate which started at 11.75%. Park soon realized that she could not afford the interest rate on the Zone Funding Mortgage and later that same year sought to refinance the Property again.
Park then agreed to transfer the Property to Hector Ballesteros Enriquez with the assistance of Wood and upon Dwights instruction. Park understood that she would be able to reclaim title to the Property after Dwight received a large sum of money from certain "business ventures" that he allegedly had pending in China. Park executed a notarized Warranty Deed transferring the Property to Enriquez on December 27, 2006, which resulted in the issuance of TCT 839,818 reflecting Enriquez as sole owner of the Property. Nothing on the TCT reflected any agreement about reclaiming the Property between Park and Enriquez, and Park never saw a written document reflecting any such agreement.
As part of the transfer of the Property from Park, Enriquez encumbered the Property with two new mortgages from Freemont Investment & Loan: a first mortgage in the amount of $497,600 and a second mortgage in the amount of $124,400 (the "Freemont Mortgages"). The proceeds from the Freemont Mortgages paid off the Zone Funding Mortgage in full and a surplus of $102,691.49 was issued from escrow in the form of a check made payable to Dwight. In March 2007, Enriquez conveyed the Property to Rieko Kondo, Woods...
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