Pennymac Loan Services, LLC v. Kahapea
CourtHawaii Intermediate Court of Appeals
Date FiledOctober 22, 2026
DocketCAAP-24-0000691
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
22-OCT-2026
10:17 AM
Dkt. 138 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I
PENNYMAC LOAN SERVICES, LLC,
Plaintiff—Appellee,
v.
RONNIE LOUIS MARVEL KAHAPEA; SUNSHINE MAHANA HATSUKO KAHAPEA,
Defendants-Appellants
APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CASE NO. 3CCV-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER
(By: Nakasone, Chief Judge, McCullen and Guidry, JJ.)
In this appeal, self-represented Defendants-Appellants
Ronnie Louis Marvel Kahapea and Sunshine Mahana Hatsuko Kahapea
(collectively, the Kahapeas) challenge the entry of a
foreclosure decree on summary judgment, on the grounds of
alleged lack of notice and lack of standing. We affirm.
The Kahapeas appeal from the Circuit Court of the
Third Circuit's (Circuit Court)1 September 26, 2024 "Findings of
Fact, Conclusions of Law and Order Granting Plaintiff/
1 The Honorable Peter K. Kubota presided.
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Counterclaim Defendant Pennymac Loan Services, LLC's
[(Pennymac)] Motion for Summary Judgment Against All Defendants
and for Interlocutory Decree of Foreclosure" (Order Granting
MSJ), "Judgment," and "Notice of Entry of Judgment" (Judgment),
entered in favor of Pennymac.2
On appeal, the Kahapeas raise two points of error
(POEs), contending that the Circuit Court erred by (1)
"refus[ing] to allow participation in the [MSJ] hearing" and
thus violating their "constitutional right to due process"; and
(2) granting summary judgment in favor of Pennymac without
establishing Pennymac's "standing to claim the property as a
creditor."3
Upon careful review of the record and the briefs
submitted by the parties and having given due consideration to
the arguments advanced and the issues raised, we resolve the
Kahapeas' contentions as follows.
2 The Kahapeas' October 21, 2024 "Notice of Appeal" indicates they
are appealing from the MSJ itself and not the order resolving it, and the
minutes of the August 8, 2024 hearing on the motion. While a motion and
court minutes are not appealable final orders or judgments, the Kahapeas'
intent to appeal the judgment is discernible, and we construe the Notice of
Appeal as appealing the Order Granting MSJ and the Judgment. See Erum v.
Llego, 147 Hawaiʻi 368, 380-81, 465 P.3d 815, 827-28 (2020) (liberally
construing filings of self-represented litigants "to facilitate access to
justice" and to allow them opportunities for appellate review despite non-
compliance with court rules (citations omitted)).
3 The Kahapeas' POEs have been consolidated, reorganized, and
renumbered for clarity. While their Opening Brief does not comply with
Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 28(b), we liberally construe
their pleadings to promote access to justice. See id. In their Reply Brief,
the Kahapeas also appear to raise additional issues beyond what they raised
in their Opening Brief. We do not address them. See Campos v. Plan. Comm'n,
153 Hawaiʻi 386, 404, 539 P.3d 170, 188 (App. 2023) (holding that "[p]oints
raised for the first time in a reply brief are deemed waived" (citation
omitted)); HRAP Rule 28(d) ("The reply brief shall be confined to matters
presented in the answering brief.").
2
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
The record reflects that Pennymac filed its
foreclosure complaint (Complaint) against the Kahapeas on August
12, 2022. After multiple extensions of time to serve the
Complaint, on February 6, 2024 the Circuit Court granted
Pennymac leave to serve the Complaint by certified mail. While
such service was pending, the Kahapeas filed a March 1, 2024
"Notice of Appearance," and multiple filings on March 6, 2024,
including a counterclaim. All of the March 1 and 6, 2024
filings reflected an identical "P.O. Box 875" address as the
Kahapeas' return address. On March 28, 2024, Pennymac filed a
notice of service indicating that the Kahapeas had been served
with the Complaint by certified mail at the same "P.O. Box 875"
address, and attached certified mail receipts signed by the
Kahapeas.
On July 22, 2024, Pennymac filed its MSJ. Pennymac's
"Notice of Hearing" attached to its MSJ reflected the Kahapeas
were served "via U.S. Mail" at the same "P.O. Box 875" address.
Pennymac's counsel's "Certificate of Service" certified that the
Motion was served on the Kahapeas at the same P.O. Box address.
The Circuit Court conducted a hearing on the MSJ on
August 8, 2024, at which the Kahapeas did not appear. The
Kahapeas did not file any opposition or papers responding to the
MSJ. Following the hearing, the Circuit Court filed its
September 26, 2024 Order Granting MSJ and Judgment, and the
Kahapeas timely appealed.
(1) In support of their contention regarding the
Circuit Court's alleged "refusal" to allow them to participate
in the MSJ hearing, the Kahapeas argue that "no certificate of
service was provided" for the MSJ filed on July 22, 2024, and
they "were never properly notified of the [MSJ] or the hearing
date . . . depriv[ing] [them] of the opportunity to respond," in
3
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
violation of Hawaiʻi Rules of Civil Procedure Rule 5 and due
process requirements under the federal and state constitutions.
Pennymac counters that it "properly gave notice of its MSJ to
[the Kahapeas] via U.S. Mail to . . . the address [the Kahapeas]
listed on their Counterclaim."
Here, the record reflects that the MSJ contained a
"Notice of Hearing" and "Certificate of Service" indicating
service upon the Kahapeas "via U.S. Mail" at the P.O. Box 875
address. The record does not support the Kahapeas' claims of
inadequate notification of the MSJ hearing or lack of a
"certificate of service." The Kahapeas do not point to anything
in the record pertinent to the MSJ hearing that supports their
contention that the Circuit Court "refus[ed] to allow
participation in the foreclosure hearing." See HRAP Rule
28(b)(7).
(2) The Kahapeas challenge the foreclosure for lack
of "proof of valid and verified chain of title as holder or
standing to claim the property as a creditor to the transaction
or agreement/ originating contract."
The Kahapeas did not oppose the MSJ. Legal arguments
raised for the first time on appeal are waived. See Hawaii
Ventures, LLC v. Otaka, Inc., 114 Hawaiʻi 438, 500, 164 P.3d 696,
758 (2007) (citation omitted).
Assuming arguendo the Kahapeas' challenge is not
waived, "[a] lender is not required to prove the validity of
every transfer in the chain of title before it may foreclose on
a property." Bank of N.Y. Mellon v. Rumbawa, No. CAAP-15-
0000024, 2016 WL 482170, at *2 (Haw. Feb. 4, 2016) (SDO).
Pennymac provided evidence in its MSJ to establish its standing
to foreclose, of an April 26, 2022 Bailee Letter reflecting
Pennymac's counsel's receipt and possession of the original note
4
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
and allonges before the August 12, 2022 Complaint was filed.
See Bank of Am., N.A. v. Reyes-Toledo, 139 Hawaiʻi 361, 390 P.3d
1248 (2017) (requiring foreclosing plaintiff to establish
standing and entitlement to enforce the note by possession of
the note at the time the complaint is filed). The Circuit
Court's conclusion that "[Pennymac] was the holder of the Note,
indorsed in blank at the time the Complaint was filed" was
supported by the MSJ evidence.
For the foregoing reasons, we affirm the September 26,
2024 Order Granting MSJ and Judgment, entered by the Circuit
Court of the Third Circuit.
It is further ordered that the October 12, 2026
Appellant's Motion for Retention of Oral Argument is denied.
DATED: Honolulu, Hawai‘i, October 22, 2026.
On the briefs:
/s/ Karen T. Nakasone
Ronnie Louis Marvel Kahapea,
Chief Judge
Sunshine Mahana Hatsuko
Kahapea, Self-represented
/s/ Sonja M.P. McCullen
Defendants-Appellants.
Associate Judge
Charles R. Prather,
/s/ Kimberly T. Guidry
for Plaintiff-Appellee.
Associate Judge
5