U.S. Bank National Association v. Spence
This text of U.S. Bank National Association v. Spence (U.S. Bank National Association v. Spence) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 20-JUN-2025 08:58 AM Dkt. 63 OGMD NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR NEW CENTURY ALTERNATIVE MORTGAGE LOAN TRUST 2006-ALT2, Plaintiff-Appellee, v. DANIEL JOSEPH SPENCE; ELAINE DUMLAO SPENCE, Defendants-Appellants, and WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR EASTERN SAT TRUST; MILILANI TOWN ASSOCIATION, Defendants-Appellees, and JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; and DOE GOVERNMENTAL UNITS 1-50, Defendants.
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC141000573)
ORDER GRANTING MOTION TO DISMISS APPEAL (By: Leonard, Acting Chief Judge, Hiraoka, Wadsworth, JJ.) Upon consideration of the Motion to Dismiss Appeal as
Moot filed by Plaintiff-Appellee U.S. Bank National Association,
as Trustee for New Century Alternative Mortgage Loan Trust
2006-ALT2 on June 6, 2025, the response filed by Defendants-
Appellants Daniel Joseph Spence and Elaine Dumlao Spence on
June 13, 2025, and the record, it appears that:
1. On April 29, 2025, we temporarily remanded this
appeal to the Circuit Court in accordance with Wilmington Savings
Fund Society, FSB v. Domingo, SCWC-XX-XXXXXXX & SCWC-XX-XXXXXXX, NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
2023 WL 2017392 (Haw. Feb. 15, 2023) (mem. op.) to determine
whether the Property at issue in the foreclosure proceeding had
been sold to a good-faith purchaser;
2. The Circuit Court conducted an evidentiary hearing
and, on May 23, 2025, entered Findings of Fact, Conclusions of
Law, and Order as to Third-Party Purchasers' Good Faith Purchaser
Status in Accordance with Temporary Remand to Circuit Court;
3. The Circuit Court's findings of fact were
supported by substantial evidence in the record and were not
clearly erroneous, see Est. of Klink ex rel. Klink v. State,
113 Hawai i 332, 351, 152 P.3d 504, 523 (2007);
4. The Circuit Court's conclusions of law were right,
see Wilmington Sav. Fund Soc'y, FSB v. Domingo, 155 Hawai i 1,
9, 556 P.3d 347, 355 (2024);
5. The Circuit Court's conclusion that "(1)
Mark Nicholas Chin and Jeanie Chi Hyon Chin, as tenants by the
entirety; (2) Properinvest, LLC; (3) Kelakela 1069 LLC;
(4) Zenith Realty Group, LLC; and (5) Small Pond Partners, LLC),
were and are good faith purchasers of the Property under Hawai i
law" was supported by its findings of fact and reflected an
application of the correct rule of law, Domingo, 155 Hawai i at
9, 12, 556 P.3d at 355, 358; and
6. The Spences' appeal is moot, Bank of New York
Mellon v. R. Onaga, Inc., 140 Hawai i 358, 370, 400 P.3d 559,
570 (2017) (holding that if no stay is obtained and the
foreclosed property is sold to a good faith purchaser,
the appeal should be dismissed as moot).
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