FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO.
V. Dubin, Frederick J. Arensmeyer, Andrew Goff, (Dubin Law
Offices), for Defendant-Appellant.
L. Ching, Melissa M. Uhl, (Alston Hunt Floyd & Ing), for
NAKAMURA, C.J., FUJISE and GINOZA, JJ.
Ronald W. Benner (Benner) appeals from the Judgment filed on
March 6, 2013, in the Circuit Court of the First Circuit
(circuit court) On appeal, Benner challenges the: (1)
"Order Granting Plaintiff JPMorgan Chase Bank, National
Association's Motion for Summary Judgment Filed October
26, 2012 and for Writ of Ejectment Against Defendant Ronald
W. Benner" (Order Granting Summary Judgment), filed on
March 6, 2013; and (2) "Order Denying Defendant Ronald
W. Benner's Motion to Reconsider the Court's Order
Granting Plaintiff's Motion for Summary Judgment and for
Writ of Ejectment" (Order Denying Motion for
Reconsideration), filed June 21, 2013.
points of error, Benner contends the circuit court erred when
it: (1) granted summary judgment to Plaintiff-Appellee
JPMorgan Chase Bank, National Association (JPMorgan Chase)
because there was a genuine issue of material fact as to
whether JPMorgan Chase had authority to conduct the
non-judicial foreclosure sale; (2) granted summary judgment,
determining that the three-year statute of repose pursuant to
the Truth in Lending Act (TILA) expired before Benner
exercised his rights under the Act; (3) granted summary
judgment, determining that an Unfair and Deceptive Acts or
Practices (UDAP) claim could not be asserted against JPMorgan
Chase; and (4) denied Benner's Motion for
reasons set forth below, we vacate and remand.
7, 2007, Benner executed an Adjustable Rate Note (Note) in
favor of Washington Mutual Bank, FA (Washington Mutual). On
January 6, 2009, Washington Mutual sent a Notice of
Collection Activity to Benner stating that Benner had failed
to make the required monthly payments under the terms of the
Note and that Benner had thirty days to cure the default.
24, 2009, an Assignment of Mortgage and Note from Washington
Mutual to JPMorgan Chase was recorded.
2, 2009, JPMorgan Chase recorded a Notice of Mortgagee's
Non-Judicial Foreclosure Under Power of Sale. On August 25,
2009, JPMorgan Chase recorded Mortgagee's Affidavit of
Foreclosure Under Power of Sale (Affidavit of Sale), which
provides, inter alia, that JPMorgan Chase purchased
the property at the non-judicial foreclosure sale.
April 13, 2010, JPMorgan Chase filed a Complaint for
Ejectment against Benner. On October 26, 2012, JPMorgan Chase
filed a motion for summary judgment.
March 6, 2013, the circuit court filed the Order Granting
Summary Judgment to JPMorgan Chase, the ...