Kekauoha-Alisa v. Ameriquest Mortgage Co. (In Re Kekauoha-Alisa)

AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW

ROBERT J. FARIS, Bankruptcy Judge.

The trial in this adversary proceeding was held on April 7, 9,10,14, and 15, 2008. Bradley R. Tamm and Lissa D. Shults represented the plaintiff and Tina L. Col-man and Shellie Park-Hoapili represented the defendants. Based on the evidence, I make the following

FINDINGS OF FACT

1. In 1996, the debtor, Margery Kana-mu-Kalehuanani Kekauoha-Alisa, and her husband (since deceased) purchased a home in Paauilo on Hawaii Island (the “Mortgaged Property”).

2. On September 23, 2002, the debtor executed a promissory note and…