BANK OF AMERICA AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES LLC ASSET BACKED CERTIFICATES SERIES 2007 HE5 v. PAUL LAWRENCE COLLINS (2024)

SUMMARY DISPOSITION ORDER

Defendant-Appellant Paul Lawrence Collins (Collins) appeals from the Circuit Court of the First Circuit's ¹ May 9, 2018 “Order Granting Plaintiff Bank of America, N.A., As Successor By Merger To LaSalle Bank National Association, As Trustee For Certificateholders Of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2007-HE5's [(Bank of America)] Motion For Summary Judgment Filed March 9, 2018” (Order Granting Summary Judgment) and May 21, 2018 Final Judgment.

On appeal, Collins raises three points of error, and requests that the case be remanded based in part on Wells Fargo Bank, N.A. v. Omiya, 142 Hawai‘i 439, 420 P.3d 370 (2018). Bank of America also seeks remand based on Omiya.

Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the issues raised and the arguments advanced, there is no evidence in the record showing that the certificate of title presented to the circuit court was “entered.” See Hawai‘i Revised Statutes §§ 501-75 (2006), -83 (2006), and -118 (2006). Thus, the circuit court erred in granting Bank of America's motion for summary judgment. Omiya, 142 Hawai‘i at 455-57, 420 P.3d at 386-88.

Therefore, we vacate the circuit court's May 9, 2018 Order Granting Summary Judgment and May 21, 2018 Final Judgment, and remand this case for further proceedings. We need not resolve Collins' remaining points of error.

Keith K. Hiraoka Presiding Judge

Clyde J. Wadsworth Associate Judge

Sonja M.P. McCullen Associate Judge

FOOTNOTES

1.   The Honorable Bert I. Ayabe presided.