Ninth Circuit Appeals Court Ruling for Hawaii – Foreclosure Sale Avoided for Lack of Public Announcement
By Daniel Edstrom
DTC Systems, Inc.
Thanks to Deontos for this one. The bankruptcy court ruled the foreclosure was invalid. The Bankruptcy Appellate Panel reversed. The US Court of Appeals for the Ninth Circuit affirms “the bankruptcy court’s avoidance of the foreclosure sale.” This ruling is FOR PUBLICATION.
Excerpt
We hold that (1) the lack of public announcement did violate Hawaii’s nonjudicial foreclosure statute, and (2) this defect was a deceptive practice under state law. Accordingly, we affirm the bankruptcy court’s avoidance of the foreclosure sale. However, we remand to the bankruptcy court for a proper calculation of attorneys’ fees and damages under HRS § 480-13.
Download the ruling here: http://dtc-systems.net/wp-content/uploads/2012/03/9th_Circuit_Hawaii_For_Publication_No_Advertisement_and_Foreclosure_Invalid.pdf