429 P.3d 605 (Hawai’i App. 2018), CAAP-16-0000418, United States, N.A. v. Julio

Docket Nº:CAAP-16-0000418
Citation:429 P.3d 605, 143 Hawai‘i 283
Party Name:US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR the J.P. MORGAN MORTGAGE ACQUISITION TRUST 2006-WF1, Plaintiff-Appellee, v. Cleopatra U. JULIO and Antonio A. Julio, Defendants-Appellants, and Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10, Doe Entities 1-10, Doe Governmental Units 1-10, Defendants
Attorney:Cleopatra U. Julio and Antonia A. Julio, Pro Se Defendants-Appellants. Edmund K. Saffery, Regan M. Iwao, and Lynda L. Arakawa (Goodsill Anderson Quinn & Stifel, a Limited Liability Law Partnership, LLP), Honolulu, for Plaintiff-Appellee.
Judge Panel:By: Ginoza, C.J., and Fujise and Reifurth, JJ.
Case Date:October 31, 2018
Court:Court of Appeals of Hawai'i, Intermediate
 
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Page 605

429 P.3d 605 (Hawai’i App. 2018)

143 Hawai‘i 283

US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR the J.P. MORGAN MORTGAGE ACQUISITION TRUST 2006-WF1, Plaintiff-Appellee,

v.

Cleopatra U. JULIO and Antonio A. Julio, Defendants-Appellants, and Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10, Doe Entities 1-10, Doe Governmental Units 1-10, Defendants

No. CAAP-16-0000418

Intermediate Court of Appeals of Hawai‘i

October 31, 2018

Editorial Note:

This decision has been designated as "Unpublished disposition."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. 14-1-1390)

On the briefs:

Cleopatra U. Julio and Antonia A. Julio, Pro Se Defendants-Appellants.

Edmund K. Saffery, Regan M. Iwao, and Lynda L. Arakawa (Goodsill Anderson Quinn & Stifel, a Limited Liability Law Partnership, LLP), Honolulu, for Plaintiff-Appellee.

By: Ginoza, C.J., and Fujise and Reifurth, JJ.

SUMMARY DISPOSITION ORDER

This appeal arises out of a foreclosure action initiated by Plaintiff-Appellee U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006-WF1 ("US Bank") to foreclose on certain real property owned by Defendants-Appellants Cleopatra Julio and Antonio Julio (collectively, "the Julios"). The Julios, pro se, appeal from (1) the Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Summary Judgment and Decree of Foreclosure Against All Defendants on Complaint Filed June 18, 2014 ("Summary Judgment Order"), and (2) the Judgment on Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Summary Judgment and Decree of Foreclosure Against All Defendants on Complaint Filed June 18, 2014 ("Foreclosure Decree"), both entered by the Circuit Court of the First Circuit ("Circuit Court") on May 10, 2016.1

On appeal, and in light of the various assertions and contentions made in the Julios’ opening brief,[2] we construe the Julios as alleging that (1) the Circuit Court lacked jurisdiction to enter the Foreclosure Decree because U.S. Bank does not have a license to "do business in Hawaii" and U.S. Bank lacked standing to foreclose on the Property; (2) U.S. Bank violated the Civil Rights Act; (3) the Circuit Court erred in entering the Summary Judgment Order because U.S. Bank failed to establish that it was the holder of the Fixed Rate Note ("Note") at the commencement of the foreclosure action and therefore lacked standing; (4) U.S. Bank violated Hawaii Revised Statutes section 667-17 that requires an affirmation that counsel has verified the accuracy of the documents submitted in support of this foreclosure action; and (5) U.S. Bank violated...

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