On April 23, 2015, the HAWSCT accepted certiorari in case Mount v. Apao, SCWC-13-0002610, an ejectment proceeding arising from a non-judicial foreclosure.
The ICA affirmed the summary judgment against Apao, holding that the foreclosure did not violate the probate code, the bank complied with Hawaii law by providing appropriate reinstatement notice, the circuit court did not err in issuing a writ of possession before its final judgment, and affirmed the circuit court’s award of attorneys’ fees and supplemental damages against Apao.
On cert, Apao argues that the ICA erred in concluding that a nonjudicial foreclosure is a “proceeding” under the probate code and, thus, exempting the mortgagee from the claim requirements under the code that are generally required for the presentation of claims against a decedent’s estate. Apao also argue that the nonjudicial foreclosure was improper because the bank failed to provide reinstatement figures to the co-representative of the decedent’s estate. Apao also argues that the award of attorneys’ fees and damages was wrong.
Oral arguments will be held on June 18, 2015 at 11:15 a.m. at the HAWSCT courtroom.
The cert application is available here.
The reply in support of cert is available here.
The HAWSCT’s order accepting cert is available here.
The ICA’s SDO is available here.