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MORTGAGE ELECTRONIC REGISTRATION v. WISE

No. SCWC-11-0000444.

304 P.3d 1192 (2013)

130 Haw. 11

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., solely as nominee, Respondent/Plaintiff-Appellee, v. Sharon Kehaulani WISE and Blossom Ilima Nihipali, Petitioners/Defendants-Appellants, and Ewa by Gentry Community Association, Respondent/Defendant-Appellee.

Supreme Court of Hawai`i.

As Amended July 10, 2013.

Attorney(s) appearing for the Case

Gary Victor Dubin, Frederick J. Arensmeyer, and Zeina Jafar, for petitioners.

David B. Rosen, and David McAllister, for respondent.

NAKAYAMA, ACTING C.J., ACOBA, McKENNA, and POLLACK, JJ., and Circuit Judge NISHIMURA, in place of RECKTENWALD, C.J., recused.

Opinion of the Court by ACOBA, J.

We hold that Petitioners/Defendants-Appellants Sharon Kehaulani Wise (Wise) and Blossom Ilima Nihipali (Nihipali) (collectively Petitioners), mortgagors under the mortgage herein, are precluded from raising the standing of Respondent/Plaintiff-Appellee Mortgage Electronic Registration Systems, Inc. (MERS, or Respondent) to bring the foreclosure action herein inasmuch as (1) a standing objection is not "unique" to a confirmation of...

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