Apao v. Bank Of New York

324 F.3d 1091 Margaret A. APAO, Plaintiff-Appellant, v. The BANK OF NEW YORK, as Trustee for Amresco Residential Securities Corporation Mortgage Loan Trust 1997-3 Under the Pooling & Servicing Agreement dated as 9/1/97; San Diego Home Loans, Inc., a California corporation, Defendants, and ARM Financial Corporation, a California corporation, Defendant-Appellee. No. 01-16565. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 6, 2002. Filed April 4, 2003. Gary Victor Dubin, Dubin Law Offices, Honolulu, HI, for the plaintiff-appellant. R. John Seibert and Kenneth J. Mansfield, McCorriston Miller Mukai MacKinnon, LLP, Honolulu, HI, for the defendant-appellee. Appeal from the United States District Court for the District of Hawaii; David A. Ezra, District Judge, Presiding. D.C. No. CV-00-00557-DAE(KSC). Before: SCHROEDER, Chief Judge, ALARCÓN and FISHER, Circuit Judges. SCHROEDER, Chief Judge. 1 Plaintiff-appellant Margaret Apao lost her home to a foreclosure and sale under procedures provided for in her mortgage contract and authorized under Hawaii's non-judicial foreclosure statute. See Haw. Rev.Stat. § 667-5. She filed this action in federal…