The Bank of New York Mellon v. Peck

── The Bank of New York Mellon v. Peck ── Court: Hawaii Intermediate Court of Appeals Date: May 19, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 19-MAY-2026 07:57 AM Dkt. 88 SO NO. CAAP-XX-XXXXXXX (CONSOLIDATED WITH NO. CAAP-XX-XXXXXXX) IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS, INC., ASSET BACKED CERTIFICATES, SERIES 2005-AB1, Plaintiff-Appellee, v. JEFFREY T. PECK, Defendant-Appellant, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. SOLELY AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC., Defendants-Appellees, and JOHN DOES 1-50, JANE DOES 1-50, DOE PARTNERSHIPS 1-50, DOE CORPORATIONS 1-50, DOE ENTITIES 1-50, AND DOE GOVERNMENTAL UNITS 1-50, Defendants. APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC131000307) SUMMARY DISPOSITION ORDER (By: Nakasone, C.J., and Leonard and Wadsworth, JJ.) These consolidated appeals arise from a judgment and two-post judgment orders entered by the Circuit Court of the First Circuit1/ (Circuit Court) in a foreclosure action. The action was brought by Plaintiff-Appellee The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders of CWABS, Inc., Asset Backed Certificates, Series 2005-AB1 (BONYM) against Defendant-Appellant Jeffrey T. Peck (Peck) and other defendants. 1/ The Honorable James H. Ashford presided.  NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER In appellate case no. CAAP-XX-XXXXXXX, Peck appeals from the Circuit Court's: (1) July 31, 2024 Findings of Fact and Conclusions of Law; Order Granting [BONYM's] Renewed Motion for Summary Judgment and for Interlocutory Decree of Foreclosure Filed January 3, 2024 (Foreclosure Decree); and (2) July 31, 2024 Judgment entered in favor of BONYM and against all defendants. Peck raises multiple points of error, some of which overlap, some of which are indiscernible, and some of which improperly incorporate by reference arguments made in the Circuit Court.2/ Peck contends, among other things, that the Circuit Court erred in granting BONYM's January 3, 2024 renewed motion for summary judgment (MSJ) because: (1) BONYM "lack[ed] standing per [Bank of America, N.A. v. Reyes-Toledo (Reyes-Toledo I), 139 Hawai#i 361, 390 P.3d 1248 (2017)]"; (2) BONYM lacked standing because it "failed to prove by competent evidence that it was the current Trustee for the certificateholders of CWABS, Inc. Asset-Backed Certificates, Series 2005 AB1"; and (3) "Peck's liability on the promissory note [(Note)] was discharged in his bankruptcy in 2010[.]" In appellate case no. CAAP-XX-XXXXXXX, Peck appeals from the Circuit Court's: (1) June 16, 2025 Order Denying . . . Peck's Motion for Reconsideration of the Rental Portion of the Court's 27 September 2024 Stay Order (Order Denying Reconsideration of Stay Order); and (2) June 17, 2025 Order Granting [BONYM's] Motion to Lift Order Granting . . . Peck's Motion for a Stay of the 31 July 2024 Judgment & the Findings of Fact, Conclusions of Law & Order Granting [BONYM's] Renewed Motion for Summary Judgment & for Interlocutory Decree of Foreclosure Filed 3 January 2024; and to Cancel Any Sale of the Subject Property, Filed on September 27, 2024 (As Modified) (Order Lifting Stay). Peck contends that the Circuit Court erred: