International Savings & Loan Ass'n v. Carbonel

Opinion of the Court by

ACOBA, J.

We hold that when a promissory note provides for joint and several liability, not all borrowers on the note are required to be joined under Hawaii Rules of Civil Procedure (HRCP) Rule 19(a) or Rule 19(b) in an action to enforce the note. Similarly, we hold that a guarantor of a promissory note secured by a mortgage is not required to be joined as a party under HRCP Rule 19 in a mortgage foreclosure action. Thus, the absence of a co-borrower or guarantor does not deprive a trial court of jurisdiction over co-borrowers who were parties to an action to enforce a…