Bank of America v. Collins

541 P.3d 664, 153 Haw. 444

• Court: Hawaii Intermediate Court of Appeals
• Decided: January 22, 2024
• Docket: CAAP-18-0000458
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 22-JAN-2024 08:18 AM Dkt. 72 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET-BACKED CERTIFICATES, SERIES 2007-HE5, Plaintiff-Appellee, v. PAUL LAWRENCE COLLINS, Defendant-Appellant.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC17-1-001443)

SUMMARY DISPOSITION ORDER (By: Hiraoka, Presiding Judge, Wadsworth and McCullen, JJ.)

Defendant-Appellant Paul Lawrence Collins (Collins)

appeals from the Circuit Court of the First Circuit's 1 May 9,

2018 "Order Granting Plaintiff Bank of America, N.A., As

Successor By Merger To LaSalle Bank National Association, As

Trustee For Certificateholders Of Bear Stearns Asset Backed

1 The Honorable Bert I. Ayabe presided. NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Securities I LLC, Asset-Backed Certificates, Series 2007-HE5's

[(Bank of America)] Motion For Summary Judgment Filed March 9,

2018" (Order Granting Summary Judgment) and May 21, 2018 Final

Judgment.

On appeal, Collins raises three points of error, and

requests that the case be remanded based in part on Wells Fargo

Bank, N.A. v. Omiya, 142 Hawai‘i 439, 420 P.3d 370 (2018). Bank

of America also seeks remand based on Omiya.

Upon careful review of the record and the briefs

submitted by the parties and having given due consideration to

the issues raised and the arguments advanced, there is no

evidence in the record showing that the certificate of title

presented to the circuit court was "entered." See Hawai‘i

Revised Statutes §§ 501-75 (2006), -83 (2006), and -118 (2006).

Thus, the circuit court erred in granting Bank of America's

motion for summary judgment. Omiya, 142 Hawai‘i at 455-57, 420

P.3d at 386-88.

Therefore, we vacate the circuit court's May 9, 2018

Order Granting Summary Judgment and May 21, 2018 Final Judgment,

2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

and remand this case for further proceedings. We need not

resolve Collins' remaining points of error.

DATED: Honolulu, Hawaiʻi, January 22, 2024.

On the briefs: /s/ Keith K. Hiraoka Presiding Judge Katherine S. Belford, Gary Victor Dubin, /s/ Clyde J. Wadsworth Keith M. Kiuchi, Associate Judge for Defendant-Appellant. /s/ Sonja M.P. McCullen Patricia J. McHenry, Associate Judge Nicholas M. McLean, for Plaintiff-Appellee.