Legal Opinion
Tyrell v. Bank of America (In re Tyrell)
United States Bankruptcy Court, D. Hawaii
Decided March 21, 2015No. Case No. 14-00205; Adv. Pro. No. 14-90042PublishedCited by 3 opinions
1Opinion of the Court
Re: Dkt. No. 26
MEMORANDUM OF DECISION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
Robert J. Faris, United States Bankruptcy Judge.
I. Background
In 2003, Losi Tyrell, the debtor in this chapter 13 bankruptcy, borrowed $137,380 from Colorado Federal Savings Bank to purchase real property and gave the bank a mortgage on the property to secure the loan. The real property is registered in Hawaii’s Land Court, which is a Torrens, system of land registration. Bank of America (BOA) has serviced the mortgage since 2003. The mortgage was initially assigned to the Mortgage Electronic Recording System…
2Cases cited11 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Nissan Fire & Marine Insurance Company, Ltd v. Fritz Companies, Inc.Court of Appeals for the Ninth Circuit · 2000
- Richard v. Credit SuisseNew York Court of Appeals · 1926
- Keliipuleole v. WilsonHawaii Supreme Court · 1997
- Beneficial Hawaii, Inc. v. KidaHawaii Supreme Court · 2001
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3Cited by3 opinions
- U.S. Bank N.A. v. MattosHawaii Intermediate Court of Appeals · 2016
- James Daily v. Brantley GarrettCourt of Appeals for the Ninth Circuit · 2020
- Mohr v. Deutsche Bank National Trust Company as TrusteeDistrict Court, D. Hawaii · 2020