U.S. Bank National Ass'n v. Castro

313 P.3d 717, 131 Haw. 28, 2013 WL 5967013, 2013 Haw. LEXIS 373
CourtHawaii Supreme Court
DecidedNovember 8, 2013
DocketNos. SCWC-11-0001104, SCWC-11-0001105
StatusPublished
Cited by21 cases

This text of 313 P.3d 717 (U.S. Bank National Ass'n v. Castro) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
U.S. Bank National Ass'n v. Castro, 313 P.3d 717, 131 Haw. 28, 2013 WL 5967013, 2013 Haw. LEXIS 373 (haw 2013).

Opinion

Opinion of the Court by

POLLACK, J.

This appeal arises out of an ejectment action instituted by Petitioner/Plaintiff-Ap-pellee U.S. Bank National Association (U.S. Bank), as Trustee on behalf of the holders of the Asset Backed Securities Corporation Home Equity Loan Trust, Series NC 2005-HE8, Asset Backed Pass-Through Certificates, Series NC 2005-HE8, against Respondents/Defendants-Appellants Herminia Castro,1 Steven Castro, Christopher Castro, and Esteban Castro (collectively, “Castros”). On December 13, 2011, the District Court of the Second Circuit (district court)2 entered a judgment for possession and a writ of possession (Judgment) in favor of U.S. Bank, as well as a separate order 1) granting summary judgment in favor of U.S. Bank; 2) granting Steven and Christopher’s motion to set aside entry of default; 3) denying Herminia’s motion for leave to file an answer and counterclaim against U.S. Bank; and 4) denying Herminia’s motion to dismiss for lack of subject matter jurisdiction (Order).

In its application for writ of certiorari, U.S. Bank seeks review of the April 16, 2013 Judgment on Appeal of the Intermediate Court of Appeals (ICA) filed pursuant to its March 14, 2013 Memorandum Opinion, vacating the district court’s Judgment and Order, and remanding to the district court with instructions to dismiss the ease for lack of jurisdiction.3 For the reasons set forth herein, we hold that the district court properly exercised subject matter jurisdiction over the case because the Castros failed to demonstrate that the action was one in which title to the subject property would come into question.

I. BACKGROUND

A

In 2002, Herminia and her husband purchased a property located in Kahului, Hawai'i (Property). Herminia and her husband owned the Property in fee simple as tenants by the entirety. After the death of her husband in 2005, Herminia decided to refinance the existing mortgage on the Property. She and her son, Sonny Castro, applied for a loan with New Century Mortgage Corporation (New Century). On August 9, 2005, Herminia and Sonny executed a promissory note (Note) for the amount that was borrowed.

On August 10, 2005, Herminia and Sonny also executed and delivered to New Century a mortgage (Mortgage) encumbering the Property. The Mortgage was recorded on August 13, 2005 with the State of Hawai'i Bureau of Conveyances (Bureau). Herminia and Sonny thereafter claimed a shared interest in the Property as joint tenants.

On August 18, 2005, the Mortgage was assigned to U.S. Bank. The Assignment of Mortgage was recorded with the Bureau on December 8, 2006.

On March 3, 2009, due to Herminia and Sonny’s failure to make the scheduled payments as set forth in the Mortgage and Note, a letter titled “Demand Letter—Notice of Default” was sent to Herminia and Sonny by Select Portfolio Servicing, Inc. (SPS), a loan servicing company employed by U.S. Bank. The letter provided that it constituted “formal notice of default” under the terms of the Note and Mortgage. The letter described the actions required to cure the default and to dispute delinquency.

Subsequently, a “Notice of Mortgagee’s Non-Judicial Foreclosure Under Power of Sale,” stating U.S. Bank’s intention to foreclose and sell the Property at a foreclosure auction on January 25, 2011, was sent to the Castros by U.S. Certified Mail. The notice was signed for and received by Herminia on November 24, 2010,4 and by the Director of [31]*31Taxation on November 29,2010. In addition, the notice was posted on the Property on December 21, 2010, more than twenty-one days prior to the scheduled foreclosure sale. On December 1, 8, and 15, 2010, more than fourteen days prior to the foreclosure sale, notice of foreclosure was published in The Maui News.

The foreclosure sale was thereafter rescheduled to March 29, 2011. Notice of the rescheduled date and time was published in The Maui News, posted on the Property, and sent to the Director of Taxation, Herminia, and Sonny via U.S. Certified Mail. The notice was signed for and received by the Director and Herminia on February 25 and February 26, 2010, respectively.

On Mai’ch 29, 2011, the foreclosure auction was held and the Property was pm-chased by U.S. Bank. On April 8, 2011, the Mortgagee’s Affidavit of Foreclosure Under Power of Sale (Mortgagee’s Affidavit of Foreclosure) was recorded with the Bureau.

On April 26, 2011, U.S. Bank sent a letter addressed to “Former Owner And/or Tenant, Known or Unknown [at the Property],” instructing the recipients to vacate the Property within ten calendar days. On July 29, 2011, U.S. Bank recorded a Quitclaim Deed with the Bureau, identifying U.S. Bank as the grantee of the Property.

B.

Following Herminia and Sonny’s failure to vacate the Property as instructed, U.S. Bank filed two Verified Complaints for Summary Possession and Ejectment (collectively, “Complaint”) in the district court on August 24, 2011.5 The Complaint alleged that U.S. Bank was the fee simple owner of the Property, and the Castros were “one or more of the ... persons still occupying the Property without consent and permission of U.S. Bank.”

On September 12, 2011, the district court conducted a Return Hearing wherein Herminia was present and entered a general denial to the Complaint. Default was entered as to Steven and Christopher, Herminia’s sons, who did not appear at the hearing.

On October 27, 2011, U.S. Bank filed a Motion for Summary Judgment and Writ of Possession (Motion for Summary Judgment), requesting that the court enter a judgment for possession and writ of possession in favor of U.S. Bank and against the Castros, enter a final judgment under District Court Rules of Civil Procedure (DCRCP) Rule 54(b), and schedule a trial on damages to be proved after the Castros vacated the Property. Attached as exhibits to the motion were certified copies of the following documents recorded in the Bureau: (1) April 8, 2011 Mortgagee’s Affidavit of Foreclosure; (2) July 29, 2011 Quitclaim Deed; (3) August 18, 2005 Mortgage; and (4) December 8, 2006 Assignment of Mortgage.

In support of its Motion for Summary Judgment, U.S. Bank argued that it had established its superior title to the Property, as evidenced by the attached Mortgagee’s Affidavit of Foreclosure and Quitclaim Deed. U.S. Bank contended that it had been the record title holder of the Property since July 29, 2011 pursuant to the Quitclaim Deed, and the Castros had continued to occupy the premises rent free. U.S. Bank also argued that the Castros had failed to raise a legitimate issue of a title dispute under DCRCP Rule 12.1.

On November 7, 2011, the Castros filed four pleadings in response to U.S. Bank’s Motion for Summary Judgment.

First, Herminia filed a Motion for Leave to File Answer and Counterclaim against U.S. [32]*32Bank (Motion for Leave). Herminia sought to “assert counterclaims against Plaintiff seeking to set aside the foreclosure as being invalid and void, seeking damages for a wrongful foreclosure, and to quiet title.” U.S. Bank opposed the motion, arguing that “[a]ny leave afforded the Defendant would be an act of futility inasmuch as Defendant admits its claim is an action to quiet title action and is therefore outside this court’s jurisdiction.”

Second, Steven and Christopher filed a Motion to Set Aside Entry of Default.

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Cite This Page — Counsel Stack

Bluebook (online)
313 P.3d 717, 131 Haw. 28, 2013 WL 5967013, 2013 Haw. LEXIS 373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/us-bank-national-assn-v-castro-haw-2013.