Bank of America, N.a., Successor by Merger to Bac Home Loans Servicing, Lp Fka Countrywide Home Loans Servicing Lp…

Summary

The Hawaii Supreme Court held that a foreclosing plaintiff must prove standing—entitlement to enforce the defaulted note under HRS § 490:3-301—at the commencement of the foreclosure action, and because nothing in Bank of America's summary judgment materials dated the blank indorsement of the Note or showed possession when the complaint was filed, a genuine issue of material fact defeated summary judgment. The court also held that the Judgment on the Foreclosure Decree was a final appealable judgment under HRS § 667-51(a)(1), so Homeowner's appeal brought up for review the earlier orders dismissing her counterclaims, and the ICA erred in concluding it lacked jurisdiction over them. The ICA's judgment on appeal and the circuit court's Judgment (as to summary judgment) were vacated, and the case was remanded to the ICA to decide the merits of the counterclaim dismissal.