NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

NOS. CAAP-19-0000437 & CAAP-19-0000658

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

MTGLQ INVESTORS, L.P., Plaintiff-Appellee, v.

WILLIAM HALEMANO FREDERICK, Defendant-Appellant,

and

UNITED GUARANTY RESIDENTIAL INSURANCE COMPANY

OF NORTH CAROLINA; FEDERAL HOME LOAN MORTGAGE

CORPORATION, Defendants-Appellees,

and

DOES 1 through 20, Inclusive, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(CIVIL NO. 17-1-1439-09 (JHC))

SUMMARY DISPOSITION ORDER

(By: Hiraoka, Presiding Judge, and Wadsworth and McCullen, JJ.)

These consolidated appeals arise out of a foreclosure

action brought by Plaintiff-Appellee MTGLQ Investors, L.P.

(MTGLQ) against self-represented Defendant-Appellant William

Halemano Frederick (Frederick)1/ and other defendants. In

appellate case no. CAAP-19-0000437, Frederick appeals from the

May 15, 2019 Judgment and interlocutory decree of foreclosure

(Foreclosure Judgment), entered in favor of MTGLQ and against all

defendants by the Circuit Court of the First Circuit (Circuit

Court).2/ In appellate case no. CAAP-19-0000658, Frederick

appeals from the Circuit Court's August 26, 2019 "Order Denying

. . . Frederick's Motion for Relief from Judgment Filed June 14,

1/ In various documents in the record, Frederick appears to also

refer to himself as William Michael Halemano. 

2/ The Honorable Jeanette H. Castagnetti presided.

Electronically Filed

Intermediate Court of Appeals

CAAP-19-0000437

24-APR-2023

08:14 AM

Dkt. 66 SO
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

2019" (Order Denying Motion for Relief). 

For the reasons explained below, we affirm the

Foreclosure Judgment and the Order Denying Motion for Relief.

I. Background

On September 6, 2017, MTGLQ filed a verified complaint

for mortgage foreclosure against Frederick and other defendants

regarding property located in Wai#anae, Hawai#i (subject

property). It appears that Frederick did not file an answer or

otherwise respond to the complaint. On October 31, 2018, the

Circuit Court entered an order of default against Frederick. 

On November 8, 2018, MTGLQ filed a motion for summary

judgment and an interlocutory decree of foreclosure against

Frederick and the other defendants (Motion for Summary Judgment). 

On December 19, 2018, Frederick filed documents titled:

(i) "Notice of [D]eed of Equitable Power and [A]uthority

[G]ranted[,] Notice of [I]nterest"; (ii) "Notice of [D]eed of

[E]quitable Power and Authority Granted[,] Bill in Equity"; (iii)

Notice of [D]eed of Equitable Power and [A]uthority [G]ranted[,]

Affidavit in [S]upport of Bill in Equity; (iv) Decree; and (v)

Exhibit A. Frederick did not file an opposition to the Motion

for Summary Judgment or appear at the December 26, 2018 hearing

on the motion.

On May 15, 2019, the Circuit Court entered its

"Findings of Fact and Conclusions of Law; Order Granting

[MTGLQ's] Motion for Summary Judgment and for Interlocutory

Decree of Foreclosure filed November 8, 2018." On the same date,

the Circuit Court entered the Foreclosure Judgment.

On June 14, 2019, Frederick filed a notice of appeal

from the Foreclosure Judgment, initiating CAAP-19-0000437.

On the same date, Frederick filed a "Motion for Relief

from Judgement" (Motion for Relief from Judgment) in the Circuit

Court. In the two-page motion, Frederick relied on "Hawaii Rules

of Civil Procedure, Rule 60(b), Relief from Judgment for

misrepresentation or other misconduct of an adverse party." The

nature of any alleged "misrepresentation or other misconduct" was

not specified.

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NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

On August 26, 2019, the Circuit Court entered the Order

Denying Motion for Relief. 

On September 25, 2019, Frederick filed a notice of

appeal from the Order Denying Motion for Relief, initiating CAAP19-0000658. 

On December 8, 2022, this court entered an order

consolidating Frederick's two appeals.

II. Discussion

In CAAP-19-0000437, Frederick asserts the following

points of error:

(1) The Circuit Court abused its discretion in not

requiring MTGLQ to prove "it was the real party in interest and

had standing to judicially foreclose," where "[t]he affidavit

proffered in support of [the Motion for] Summary [J]udgment

contain[ed] false statements";

(2) As a result of the above error, the Circuit Court

improperly denied the Motion for Relief from Judgment;

(3) MTGLQ did not proffer evidence to establish the

assignment of the subject mortgage; and

(4) Frederick was not properly served with MTGLQ's

Motion for Summary Judgment. 

Frederick did not raise any of these arguments in the

Circuit Court. Indeed, he did not file an opposition to the

Motion for Summary Judgment or appear at the hearing of the

motion.3/ Generally, if a party does not raise an argument at the

trial level, that argument will be deemed to have been waived on

appeal. See Cnty. of Hawai#i v. C & J Coupe Family Ltd. P'ship,

119 Hawai#i 352, 373, 198 P.3d 615, 636 (2008) (quoting State v.

Moses, 102 Hawai#i 449, 456, 77 P.3d 940, 947 (2003)); HRAP Rule

28(b)(4)(iii). Accordingly, Frederick's four points of error are

deemed waived as to the Foreclosure Judgment. 

In CAAP-19-0000658, Frederick asserts no points of

error in his opening brief and makes no discernible argument

explaining how the Circuit Court erred in denying the Motion for

3/ We note that the evidence before the Circuit Court established

that Frederick was properly served with the Motion for Summary Judgment. 

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NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Relief from Judgment. See HRAP Rules 28(b)(4) and (7). Even if

we consider Frederick's second point of error in CAAP-19-0000437

as having been asserted in CAAP-19-0000658, we conclude that

Frederick did not raise below the argument he now appears to

assert on appeal – that MTGLQ failed to establish its standing to

foreclose due to alleged defects in the Declaration in Support of

[MTGLQ's] Motion for Summary Judgment," signed by Jana Love on

October 23, 2018. Because Frederick did not raise this argument

in the Circuit Court, it is deemed waived. See C & J Coupe

Family Ltd. P'ship, 119 Hawai#i at 373, 198 P.3d at 636; HRAP

Rule 28(b)(4)(iii).

In any event, the record includes evidence establishing

that MTGLQ had standing to foreclose on the subject property. 

III. Conclusion

For the reasons discussed above, we affirm the

following judgment and order entered in the Circuit Court of the

First Circuit:

(1) In CAAP-19-0000437, the May 15, 2019 Judgment; and

(2) In CAAP-19-0000658, the August 26, 2019 "Order

Denying Defendant William Halemano Frederick's Motion for Relief

from Judgment Filed June 14, 2019." 

DATED: Honolulu, Hawai#i, April 24, 2023.

On the briefs:

William Halemano Frederick,

Self-represented DefendantAppellant.

Justin S. Moyer

(Aldridge Pite, LLP)

for Plaintiff-Appellee. 

/s/ Keith K. Hiraoka

Presiding Judge

/s/ Clyde J. Wadsworth

Associate Judge

/s/ Sonja M.P. McCullen

Associate Judge

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