Beneficial Hawaii, Inc. v. Kida

Concurring Opinion of

ACOBA, J.

I concur in the result reached by the majority for the reasons that follow.

In my view, this case sits at the crossroads of the public policy nullifying mortgage loan contracts “either directly or indirectly ma[d]e, negotiate^], [or] acquired], or [so] offer[ed,]”1 by unlicensed mortgage brokers and solicitors as evinced in Hawai'i Revised Statutes (HRS) §§ 454-1 and 454-8 (1993)2 and the policy favoring the negotiability of promissory notes as essential to the viability of commercial transactions.3

Following the command of HRS § 1-16 (1993) that “[l]aws ... upon…