Del Piano et al v. Mortgage Electronic Registration Systems, Inc. et al
| Linda Wunder Del Piano and Douglas B. Hackett |
| ONEWEST Bank, FSB, Express Capital Lending, HSBC Bank USA, N.A., First American Title Insurance Co., Suchan Murray, Routh Crabtree Olsen, P.S., Peter T. Stone, Does 1 to 10, Mortgage Electronic Registration Systems, Inc. and Indymac Financial Services |
| 1:2011cv00140 |
| March 4, 2011 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Hawaii |
| BARRY M. KURREN |
| SUSAN OKI MOLLWAY |
| Truth in Lending |
| 28:1444 |
| None |
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Filing
108
ORDER DENYING (1) "PLAINTIFF'S EMERGENCY EX PARTE MOTION TO REJECT DEFENDANTS' 'FINDINGS OF FACTS; AND CONCLUSIONS OF LAW; AND ORDER GRANTING' BECAUSE OF MATERIALLY SIGNIFICANT FALSE STATEMENTS OF FACT; MOTION TO VACATE OR RE VERSE ORDER GRANTING DEFENDANTS AN 'INTERLOCUTORY OF FORECLOSURE'" AND (2) "EX PARTE MOTION TO SHORTEN TIME FOR HEARING" re 106 ; 107 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 4/4/12. (emt, )CER TIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Linda Wunder Del Piano, Douglas B. Hackett, Bradley R. Pulice, Esq., Franklin D. Pacarro, Jr., Esq. and Robert D. S. Kim, Esq. shall be served by first class mail at the addresses of record on April 5, 2012.
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Filing
103
FINDINGS OF FACT; CONCLUSIONS OF LAW; AND ORDER GRANTING: (1) 77 DEFENDANTS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.'S, ONEWEST BANK, FSB'S, HSBC BANK USA, N.A., A NATIONAL ASSOCIATION, AS TRUSTEE FOR BCAP 2008-IN1'S, SUCHAN MU RRAY'S, AND INDYMAC FINANCIAL SERVICES, INC.'S (INCORRECTLY NAMED IN THE AMENDED COMPLAINT AS INDYMAC FINANCIAL SERVICES) MOTION FOR SUMMARY JUDGMENT (RE: AMENDED COMPLAINT FOR VERIFICATION OF DEBT ELSE RELEASE OF CLAIM AND FOR DECLARATORY AND INJUNCTIVE RELIEF, FILED MAY 20, 2011) ; (2) 83 DEFENDANT FIRST AMERICAN TITLE INSURANCE CO.'S JOINDER IN 77 DEFENDANTS' MOITON FOR SUMMARY JUDGMENT RE: AMENDED COMPLAINT FOR VERIFICATION OF DEBT ELSE RELEASE OF CLAIM AND FOR DECLAR ATORY AND INJUNCTIVE RELIEF; AND (3) 75 DEFENDANT HSBC BANK USA, N.A., A NATIONAL ASSOCIATION, AS TRUSTEE FOR BCAP 2008-IN1'S MOTION FOR SUMMARY JUDGMENT (RE: HSBC BANK USA, N.A.'S COUNTERCLAIM FOR FORECLOSURE), AND FOR INTERLOCUTORY DECR EE OF FORECLOSURE - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 4/3/12. -- " Summary Judgment and Interlocutory Decree of Foreclosure in favor HSBC and against Plaintiffs is hereby entered. Pursuant to Rule 54(b), Federal Rules of C ivil Procedure, this Court expressly directs that said summary judgment and interlocutory decree of foreclosure be and are hereby entered as final judgments as to HSBC's Counterclaim for Foreclosure as there is no just reason for delay." Ro bert D. S. Kim is appointed as Commissioner by this Court. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address l isted on the Notice of Electronic Filing (NEF). Linda Wunder Del Piano, Douglas B. Hackett, Bradley R. Pulice, Esq., Franklin D. Pacarro, Jr., Esq. and Robert D. S. Kim, Esq. served by first class mail at the addresses of record on April 3, 2012.
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Filing
99
ORDER GRANTING (1) DEFENDANTS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.'S,ONEWEST BANK, FSB'S, HSBC BANK USA, N.A., A NATIONAL ASSOCIATION, AS TRUSTEE FOR BCAP 2008-IN1'S, SUCHAN MURRAY'S, AND INDYMAC FINANCIAL SERVICES, INC. 'S(INCORRECTLY NAMED IN THE AMENDED COMPLAINT AS INDYMAC FINANCIAL SERVICES) MOTION FOR SUMMARY JUDGMENT (RE: AMENDED COMPLAINT FOR VERIFICATION OF DEBT ELSE RELEASE OF CLAIM AND FOR DECLARATORY AND INJUNCTIVE RELIEF, FILED MAY 20, 2011); (2) DE FENDANT FIRST AMERICAN TITLE INSURANCE CO.'S JOINDER; AND (3) HSBC BANK USA, N.A., A NATIONAL ASSOCIATION, AS TRUSTEE FOR BCAP 2008-IN1'S MOTION FOR SUMMARY JUDGMENT (RE: HSBC'S BANK USA, N.A.S COUNTERCLAIM FOR FORECLOSURE), AND FOR IN TERLOCUTORY DECREE OF FORECLOSURE 75 ; 77 ; 83 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 2/24/12. (" For the foregoing reasons, the MERS Motion is GRANTED as to all counts. Because all arguments made by MERS Defendants ar e applicable to all Defendants, the court grants summary judgment as to all Defendants. Summary judgment is also GRANTED as to the HSBC Motion. HSBC is directed to submit a proposed order and foreclosure decree to all parties and the court within 14 days of the date of this order.") (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Linda Wunder Del Piano, Douglas B. Hackett, Bradley R. Pulice, Esq. and Franklin D. Pacarro, Esq. served by first class mail at the addresses of record on February 24, 2012.
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