430 P.3d 890 (Hawai’i App. 2018), CAAP-16-0000806, PennyMac Corp. v. Travis

Docket Nº:CAAP-16-0000806
Citation:430 P.3d 890, 143 Hawai‘i 329
Party Name:PENNYMAC CORP., Plaintiff-Appellee, v. Elise Sari TRAVIS and Bruce Robert Travis, Defendants-Appellants, and Wailea Community Association and Wailea Kialoa Homesites Association, Defendants-Appellees, and Does 1 through 20, inclusive, Defendants and Wailea Kialoa Homesites Association, Cross-Claimant, v. Elise Sari Travis, Individually and as ...
Attorney:Gary Victor Dubin, Frederick J. Arensmeyer, (Dubin Law Offices), Honolulu, for Defendants-Appellants. Patricia J. McHenry, Frank Cioffi, Honolulu, Allison Mizuo Lee, Lihue, (Cades Schutte), for Plaintiff-Appellee.
Judge Panel:By: Fujise, Presiding Judge, Leonard and Reifurth, JJ.
Case Date:November 21, 2018
Court:Court of Appeals of Hawai'i, Intermediate
 
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Page 890

430 P.3d 890 (Hawai’i App. 2018)

143 Hawai‘i 329

PENNYMAC CORP., Plaintiff-Appellee,

v.

Elise Sari TRAVIS and Bruce Robert Travis, Defendants-Appellants,

and

Wailea Community Association and Wailea Kialoa Homesites Association, Defendants-Appellees,

and

Does 1 through 20, inclusive, Defendants and Wailea Kialoa Homesites Association, Cross-Claimant,

v.

Elise Sari Travis, Individually and as Trustee under the Elise S. Travis Trust Dated November 5, 1990 and Bruce Robert Travis, Cross-Claim Defendants

No. CAAP-16-0000806

Intermediate Court of Appeals of Hawai‘i

November 21, 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This decision has been designated as "Unpublished disposition."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 SECOND CIRCUIT (CIVIL NO. 12-1-0527(1) ).

On the briefs:

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

Patricia J. McHenry, Frank Cioffi, Honolulu, Allison Mizuo Lee, Lihue, (Cades Schutte), for Plaintiff-Appellee.

By: Fujise, Presiding Judge, Leonard and Reifurth, JJ.

SUMMARY DISPOSITION ORDER

Defendants-Appellants Elise S. Travis and Bruce R. Travis (the Travises) appeal from the Judgment entered on October 12, 2016 (Judgment), in favor of Plaintiff-Appellee PennyMac Corp. (PennyMac) and against the Travises, by the Circuit Court of the Second Circuit (Circuit Court).1 The Travises also challenge the Circuit Court’s October 12, 2016 Findings of Fact and Conclusions of Law; Order Granting Plaintiff’s Motion for Summary Judgment and for Interlocutory Decree of Foreclosure (Foreclosure Decree).

On appeal, the Travises assert a single point of error, contending that the Circuit Court erred in granting summary judgment when there were material issues of fact in genuine dispute centered around whether the original plaintiff herein, JPMorgan Chase Bank, N.A. (Chase), and thus PennyMac, had standing to file and to prosecute a foreclosure action against the Travises.

Upon careful review of the record and the briefs submitted by the parties, and having given due consideration to the arguments advanced and the issues...

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