US Bank v MATTOS | HI SC - there is a genuine issue of material fact as to whether Ocwen had authority to sign the second assignment of mortgage to U.S. Bank... "Qualified" Robo-Witness Fail

June 7, 2017 in STOP FORECLOSURE FRAUD

IN THE SUPREME COURT OF THE STATE OF HAWAII ---oOo---

_________________ U.S. BANK N.A. IN ITS CAPACITY AS TRUSTEE FOR THE REGISTERED HOLDERS OF MASTR ASSET BACKED SECURITIES TRUST 2005-NC1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-NC1, Respondent/Plaintiff-Appellee, vs. JOSEPH KEAOULA MATTOS, CHANELLE LEOLA MENESES, Petitioners/Defendants-Appellants, and CITIFINANCIAL, INC., ASSOCIATION OF APARTMENT OWNERS OF TERRAZA/CORTEBELLA/LAS BRISAS/TIBURON, EWA BY GENTRY COMMUNITY ASSOCIATION, Respondents/Defendants-Appellees

SCWC-14-0001134 CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-14-0001134; CIVIL NO. 11-1-1539) JUNE 6, 2017 RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, AND WILSON, JJ. OPINION OF THE COURT BY McKENNA, J. I. Introduction This appeal arises from a judicial decree of foreclosure granted in favor of plaintiff “U.S. Bank N.A. in its Capacity as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-NC1, Mortgage Pass-Through Certificates, Series 2005-NC1” (“U.S. Bank”) against defendants Joseph Keaoula Mattos (“Mattos”) and Chanelle Leola Meneses (“Meneses”) (collectively, “Defendants”). At issue is whether the Circuit Court of the First Circuit 1 (“circuit court”) properly granted U.S. Bank’s “Motion for Summary Judgment and Decree of Foreclosure Against All Defendants on Complaint Filed July 21, 2011” (“motion” or “motion for summary judgment”). In its published opinion, the Intermediate Court of Appeals (“ICA”) affirmed the circuit court. U.S. Bank N.A. v. Mattos, 137 Hawaii 209, 367 P.3d 703 (App. 2016).2

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