Hawaii Justices Overturn Appeals Court’s Denial Of Relief In Foreclosure Suit

Mealey's ( April 4, 2023, 1:59 PM EDT) -- HONOLULU — While a state appellate court did not err in determining that a borrower was time-barred from bringing a motion for relief from a foreclosure ruling more than 2-1/2 years after the foreclosure, the appellate court did err in affirming a lower court’s denial of the borrower’s request for relief based on “both a fraud on the court theory and under the equitable principles governing foreclosure,” the Hawaii Supreme Court ruled in affirming in part and reversing in part....