FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: MARGERY KANAMU
KALEHUANANI KEKAUOHA-ALISA,
Debtor,
MARGERY KANAMU-KALEHUANANI
KEKAUOHA-ALISA,
Appellant,
v.
AMERIQUEST MORTGAGE COMPANY;
JPMC SPECIALTY MORTGAGE, LLC,
FKA WM Specialty Mortgage, LLC,
Appellees.
OPINION
This case requires us to determine whether a mortgage
company violated Hawaii state law when it did not publicly
announce the postponement of a foreclosure sale of property
owned by Appellant Margery Kanamu-Kalehuanani
Kekauoha-Alisa, and if so, to ascertain the proper remedy for
that violation. A federal bankruptcy court held that Appellees’
failure publicly to announce the foreclosure violated the
requirements of Hawaii’s nonjudicial foreclosure procedure
under Hawaii Revised Statute (HRS) § 667-5, as well as its
consumer protection law, HRS § 480-2. The court voided the
sale of the Appellant’s property and awarded her treble damages
of $417,761.66 under HRS § 480-13 for violation of the
consumer protection statute. The Bankruptcy Appellate Panel
reversed, ruling that the mortgagee’s actions did not violate
state law.
We hold that (1) the lack of public announcement did violate
Hawaii’s nonjudicial foreclosure statute, and (2) this
defect was a deceptive practice under state law. Accordingly,
we affirm the bankruptcy court’s avoidance of the foreclosure
sale. However, we remand to the bankruptcy court for a
proper calculation of attorneys’ fees and damages under HRS
§ 480-13.
…
CONCLUSION
We AFFIRM the decision of the bankruptcy court with
respect to its findings of liability for a violation of HRS
§ 667-5, a violation of HRS § 480-2, and breach of contract.
We also AFFIRM the bankruptcy court’s order voiding the
foreclosure sale of Debtor’s property. We VACATE the bankruptcy
court’s award of money damages under § 480-13 and
attorneys’ fees under HRS § 607-14 and HRS § 480-13(b)(1),
and we REMAND so that the bankruptcy court may (1) make
the necessary findings of causation and damages under HRS
§ 480-13 and (2) properly calculate attorneys’ fees.
Full ruling below…
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4closureFraud.org
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In re: MARGERY KANAMU-KALEHUANANI KEKAUOHA-ALISA
THAT’S JUSTICE !!!! THERE ARE A COUPLE OF “HONEST” JUDGES IN THE WORLD ‘GOOD” FOR HER….
CRIMINAL ACTS OF ATTY.’S SHOULD NOT GO ‘UNOUNISHED” !!!!
After reading this Opinion through, which I thought was excellent, there are several items in there that would be very beneficial for those persons who are in a non-judicial state to use in their own defenses (providing that state laws are written similiar). In any case, congratulations to the mortgagor and her attorney.m It’s so refreshing to see for a change that the laws are upheld accordingly and the banks are held to abide fully by those laws. Kuddos!!!