U.S. Bank National Association v. Smith | Hawaii ICA - TILA Claims on SOL & UDAP - Vacated and Remanded

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I

U.S.BANK NATIONAL ASSOCIATION AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP HOME EQUITY PASS THROUGH CERTIFICATES, SERIES 2006-8, Plaintiff-Appellee v. DANIEL SMITH, TAMMY SMITH, Defendants-Appellants On the briefs: Gary Victor Dubin Frederick J. Arensmeyer (Dubin Law Offices) for Defendants-Appellants Excerpt: Because the circuit court rejected the Smiths' TILA claim on the statue of limitations grounds and their UDAP claim on the theory that it could not be raised against U.S. Bank, the circuit did not address whether there were genuine issues of material fact regarding the merits of those claims. On remand, the circuit court shall determine whether genuine issues of material facts exist as to those claims.