 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Aames Funding Corp. v. Mores4/22/2005
FOR PUBLICATION
Defendants-Appellants Ponciano Millora Mores and Patricia Rosete Mores (the Moreses) appeal from the October 11, 2001 order of the district court of the first circuit (the district court) granting a writ of possession for property located in Aiea, Hawaii (the Property) in favor of Plaintiff-Appellee Aames Funding Corporation (Aames). The Moreses also challenge the October 11, 2001 findings of fact and conclusions of law, and the October 24, 2001 order of the district court denying the Moreses' motion to dismiss filed on October 3, 2001.
Based on the reasons set forth herein, the district court's October 11, 2001 and October 24, 2001 orders are affirmed.
I.
On July 5, 2000, the Moreses entered into a residential mortgage loan (Mortgage) with Aames in the principal amount of $227,500 for the Property. The Mortgage was filed in the Office of the Registrar of the Land Court of the State of Hawaii (Land Court) as Document No. 2637478, and was the first mortgage lien on the Property.
The Mortgage expressly states that the Moreses "do hereby mortgage, grant and convey to [Aames], with power of sale, the [Property]." The Mortgage also contains conditions regarding acceleration of the loan, notice for default and, subsequent forfeiture of the loan, and the curing of default. The Mortgage states in relevant part:
If the default is not cured on or before the date specified in the notice, [Aames], at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law.
(Emphasis added.)
On August 14, 2000, the Moreses filed a Warranty Deed in the Land Court, executed on July 6, 2000, which conveyed the Property to the Moreses family trust dated April 24, 1995. On November 15, 2000, Aames mailed, inter alia, a "Notice of Default" to the Moreses indicating that the Moreses had breached their financial obligations under the Mortgage and owed $8,685.01 on the Mortgage as of November 15, 2000.
On January 4, 2001, Aames issued a "Notice for Non-Judicial Foreclosure of Sale" to the Moreses. The notice announced the sale of the Property by public auction. On April 10, 2001, a second "Notice of Non-Judicial Foreclosure Sale" was sent to the Moreses. This notice was sent via certified mail, specified the default, detailed the action required to cure said default, indicated the date by which the default must be cured, and stated that non-compliance would result in acceleration of the mortgage sums due and in the sale of the Property.
Apparently, a public auction of the Property was conducted and on July 17, 2001, Aames filed a Commissioner's Deed in the Land Court denominated as Document No. 2722965. This Deed was executed "in accordance with the terms of that certain Affidavit of Exercise of Power of Sale dated June 15, 2001, recorded in [the Land Court] as Document No. 2714670."
On July 20, 2001, the Land Court issued Aames a Transfer Certificate of Title (TCT) No. 587,098 to the Property. The Moreses refused to surrender possession. On August 15, 2001, Aames filed an action for ejectment against the Moreses in the district court. On August 29, 2001, the Moreses mailed Aames a letter notifying Aames of the Moreses' "right and option to cancel and rescind" the Mortgage "based upon numerous federal Truth-In-Lending Violations . . . , none the least of which was [Aames's] failure to deliver . . . any completed copies of the Notice of Right to Cancel with all requisite dates filled in."
On August 30, 2001, citing the Hawaii
Page 1 2 3 4 5 6 7 8 Hawaii Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|