January 13, 2014 Honolulu Star-Advertiser Newspaper Front Page Story by Rob Perez
Several years after he stopped making his mortgage payments, Kale Gumapac was evicted from his foreclosed Hawaii island home.
Days before Thanksgiving, sheriff’s deputies escorted a handcuffed Gumapac — he was arrested on a trespassing charge — from the Hawaiian Paradise Park property he had called home for more than a decade.
Gumapac said he stopped making his $3,000-a-month payments about five years ago because his lender couldn’t produce the original note for his loan, raising questions about who actually had title to the property.
After his mortgage subsequently was acquired by another bank but well before he was evicted in November, Gumapac switched strategies and embraced a controversial legal argument that has surfaced in a small but growing number of foreclosure cases over the past several years.
He argued that Hawaii courts are unlawfully constituted, dating from the illegal overthrow of the Hawaiian monarchy in 1893. He also maintained that Hawaii land titles have been defective since the overthrow.
Like dozens of other Hawaii residents, Gumapac made those arguments based on the claim — repeatedly rejected by state and federal judges — that the Hawaiian kingdom still exists and the U.S. is illegally occupying the islands.
Gumapac even has a company that helps homeowners make the same kingdom argument to file defective-title claims.
Many inside and outside the real estate industry scoff at the argument, saying it is preposterous, ignores more than 100 years of history and has been discredited numerous times in the judicial arena.
“Every court that has considered this has found that the argument has no merit whatsoever,” said attorney David Rosen, who represents lenders. “These people are selling a scam.”
Gumapac and other proponents point to the same historical record to justify their position, citing, among other things, an 1893 executive agreement between Queen Liliuokalani and President Grover Cleveland that called for the eventual restoration of the kingdom government. They said the agreement obligated Cleveland’s successors as well.
State and federal judges, however, consistently have rejected the notion that the kingdom still exists or kingdom law still applies in Hawaii. Appellate courts have done the same.
Not even advocates of the kingdom defense can cite a single case in which a homeowner ultimately prevailed.
Yet more homeowners appear to be adopting the legal strategy, according to attorneys and others who deal with such matters.
One recent case involved Office of Hawaiian Affairs Trustee Dan Ahuna, who in a May court filing asked a state judge to dismiss his lender’s foreclosure lawsuit. Ahuna argued that the state court lacked jurisdiction because the kingdom still exists.
In September the court rejected Ahuna’s argument. Since then he and his wife have had their loan modified through the U.S. government’s foreclosure prevention program, according to Ahuna, who said financial difficulties, not personal beliefs, prevented them from making their mortgage payments when the 2008 foreclosure complaint was filed.
“I simply underestimated the scale and complexity of using this particular legal argument to improve my ability to avoid foreclosure,” Ahuna said in a written response to the Honolulu Star-Advertiser, emphasizing that he was speaking as an individual and not as an OHA trustee.
Dexter Kaiama, a Kailua lawyer, says that over the past three years he has taken on more than 150 clients whose underlying defense questions the validity of local courts. The majority of those clients, including Gumapac, were homeowners already in the midst of foreclosure proceedings, according to Kaiama.
Gumapac, whose Big Island company is called Laulima Title Search and Claims, said he continues to get new clients even since his November eviction. Laulima now has about 300 total clients, and Gumapac charges $3,900 for his services, he said.
While the kingdom-still-exists argument has not prevailed in court, some homeowners seem to be benefiting in one significant way: They have stayed in their homes long after they stopped paying their mortgages, thanks largely to the slow pace in which such cases move through a strained judicial system.
Real estate officials say Gumapac’s challenge of the court’s authority likely contributed to the prolonged period he was able to stay in his home after defaulting on the mortgage.
Kaiama said dozens of eviction orders are pending against his clients, and he suspects the legal argument that the orders are unlawful have contributed to delays in enforcing them. A judge presiding over one of Kaiama’s foreclosure cases recently asked the attorney to provide more information on the jurisdiction issue.
Gumapac said he stopped paying his mortgage when his lender was unable to provide the original copy of his loan note and couldn’t answer certain questions about the property’s title. At the time, the nation was in the midst of a mortgage crisis that included a dramatic rise in foreclosures and growing questions about unfair and predatory practices by lenders.
“I wasn’t trying to run away from my obligation to pay that debt,” Gumapac said. “I was following my contract.”
After Deutsche Bank acquired Gumapac’s mortgage, he learned of research that called into question the validity of all Hawaii land titles since the 1893 overthrow. Proponents of that position say that titles filed since then are invalid because they were not processed under kingdom law. Gumapac became a believer.
Armed with such research, he asked his lender to file a title insurance claim, which he said he believed the bank was obligated to do under terms of his mortgage agreement. Gumapac said he was expecting Deutsche Bank to pursue a claim, which would have uncovered the defect and, under terms of the insurance policy, triggered the insurer to pay the debt.
But lenders generally have considered such kingdom-related title claims frivolous.
In Gumapac’s case, Deutsche Bank didn’t pursue an insurance claim and proceeded with the foreclosure, he said. In December 2011 the bank filed a so-called ejectment complaint seeking his eviction. Two years later Gumapac was forced out.
An attorney for Deutsche Bank didn’t respond to a request for comment.
One of the more interesting aspects of the rise in the kingdom-related foreclosure defense is a political scientist who is a key advocate of it.
David Keanu Sai, who has a master’s degree in international relations and a doctorate in political science from the University of Hawaii, serves as a consultant to Gumapac’s company and to Kaiama.
Sai also has taken his arguments to various international organizations, including the president’s office of the United Nations General Assembly, the International Criminal Court and the International Committee of the Red Cross in Switzerland, where he was joined last month by Kaiama. They are pursuing cases alleging war crimes and the illegal occupation of the islands by the United States.
Sai made headlines in the mid-1990s as co-founder of Perfect Title Co., which used kingdom law to claim existing land titles in Hawaii were invalid — essentially the same arguments being made today in the foreclosure cases. The company riled the real estate industry because it filed reports at the Bureau of Conveyances casting clouds on titles.
Perfect Title shut down in 1997 after the state seized its records as part of an investigation. Sai eventually was convicted of first-degree attempted theft, a felony, for helping a couple try to reclaim an Aiea home they lost through foreclosure. He received five years’ probation.
Though Sai makes the same basic points today that he did in his Perfect Title days, his argument is more refined now, benefiting from the advanced degrees he obtained since then. Even some of his harshest critics say he is more persuasive.
Sai said it’s not unexpected that Hawaii courts refuse to validate the kingdom argument, saying that one judge even acknowledged he would be committing political suicide if he did so.
But the historical evidence is overwhelming and has yet to be refuted, Sai added, and he expects justice eventually to prevail in the international arena, where international law applies.
“We have to be patient but patience is not a weakness,” Sai said.
Asked about Sai’s case, a spokeswoman for the U.N. president’s office said in an email to the Star-Advertiser that a sovereign matter is beyond the purview of the office.
The International Criminal Court did not respond to Star-Advertiser emails seeking comment.
Rosen, the lender attorney, is upset that the state and the courts have done nothing to prevent the discredited kingdom arguments from continuing to be made, giving homeowners false hope that their properties might be saved. People who charge homeowners to provide such a defense should be prosecuted or sanctioned, he said.
“How are they allowed to continue doing this?” Rosen asked. “It’s nothing more than a fraud.”
Fraud??? On whose part??? Since there is NO Treaty of Annexation between the United States and the Kingdom of Hawaii not only is Hawaii is NOT a part of the United States of America, but more importantly Hawaii is NOT the 50th State of the union so, how can these attorney’s, judges or even the court use the “1959 Statehood Act” as grounds to rule??? This is where the FRAUD originated and the United States Government, the Fake State of Hawaii, the realtors, escrow companies and the banks are ripping people off in their attempt to sell people lands they never had the right to sell in the first place.
Remember the banks “GUARANTEED” you a CLEAR TITLE to your property and you were even required to purchase a TITLE INSURANCE POLICY to protect the bank in case there was a DEFECT in the title to your property. Your Mortgage Agreement or Mortgage Instrument is a binding contract between you the “borrower” and the “lender/bank” that clearly states: “that if there is a possible defect in the title to your property you the “borrower” is required to immediately notify your “lender/bank”. Your lender is then required to (1.) clear the defect in title to your property or (2.) they are to file for the Title Insurance to pay off the balance of your loan”. Instead of adhering to this binding “CONTRACT” by refuting the evidence we are providing clearly indicating the defect in the title to your property the banks are simply foreclosing on people and demanding that the courts rule in their favor based on the “1959 Statehood Act”. Why are they doing this??? Because it was all a SCAM to fraud people into purchasing properties they never had the right to sell in the first place….so, once again where did the FRAUD originate???
There is a huge difference between Law and Politics and by going to court you are supposed to be ruled upon by LAW and not politics. In presenting our evidence the opposing party being the banks and their highly paid attorneys are required to challenge our evidence and prove that we are wrong. Instead they simply demand that the court rule in their favor based on the “1959 Statehood Act”!!! By the judge stating that: “he would be committing political suicide if he did so” is a clear indication that their rulings are NOT based on law, but on political pressure. Just because you say Hawaii is the 50th State of the union doesn’t make it true without the irrefutable evidence to back it up so, once again if you say Hawaii was adopted where is the….Adoption Papers??? For without these adoption papers or should I say TREATY OF ANNEXATION the United States, the Fake State of Hawaii, the realtors, the escrow companies, the banks, attorneys and judges are knowingly and intentionally committing “FRAUD”!!
This is the very reason why FULL and COMPLETE Title Searches or even FULL DISCLOSURES are never performed or provided to buyers as required by LAW. Why??? Because if they did tell the TRUTH no one would purchase properties here in Hawaii and being that the entire State of Hawaii, the real estate industry, the banks and court system are build on LIES & FRAUD……FRAUD IS LEGAL IN HAWAII!!!
So, if I bought a car from someone who claimed that the title to the car was clear only to find out that the title was “NOT CLEAR” I would be in need to notifying this person to clear my title or because there is no title insurance I would be required to take him to court. Along with possible criminal charges by law the court would normally order the person to prove he owned the car and if he did he would be required to provide me with a clear title to the I purchased from him or return my money. The judge wouldn’t foreclose on my car, take my car away and then allow the crook to keep the money I paid for the car that was never his to sell in the first place. Or is it that by the crook using the “1959 Statehood Act”……the judge could do just that??? Same difference……Amazing!!!
What is even more amazing is how like the boy who cried wolf attorneys are able to claim FRAUD when they are the very ones making a hell of a lot money especially in real estate here in Hawaii assisting and defending….FRAUD!!!
Without a Treaty of Annexation the only laws that apply between Hawaii and the United States is INTERNATIONAL LAW and I agree with Dr. Sai that justice will eventually prevail in the international arena, where international law applies!!!
Mahalo for finally getting this information out into the main steam media!!!
Right on Dutchy!
It’s funny how no Judge wants to be the one to initiate
“political suicide” it being the right and only thing to do
in accordance with U.S. supremacy clause concerning
foreign matters under the same U.S. constitution that
these U.S. Judges swore on oath uphold and defend.
If U.S. courts here in Hawaii refuse to comply with its own
constitutional obligations how can anyone consider their
actions trustworthy?
You would think that with all the prestigious law schools in
America producing some of the best minds in the world it
would’ve made morality a part of their curriculum.
Good article Rob Perez!
Aloha,
Wayne
I will agree to that…In fact, i presume i had originally stated that some time ago in post i had made on fb. The Hawaiian Islands is NOT a 50th State. There is only 49 States (Alaska included). By law under the UNION. It was not presented during that era of the Union because then, Hawai’i was not recognized by the Union States. In “59”, Hawai’i became an “illegal” state by proclamation without being any part of the UNION. Hawai’i was never part of the Union States.
If we, research back to the era of the Union States, you will note that they named the States during the Union era before 1959. Even after 1959, they had still not by Congress included Hawai’i as part of the Union, but instead accepted Hawai’i into false agreement that Hawai’i was now a State.
Wildman.
Rosen is right. “It’s nothing more than a fraud”. If the Hawaiian Kingdom is still in placed then a fraud must have been committed.
The article’s passive undertone proves how serious America’s illegal occupation is. Reporter Rob Perez of the Honolulu Star-Advertiser is in conflict of interest because of his paper’s ownership. I suggest he take another look of who he works for, what their reporting policies are, and how it affects its final print. As far as I am concerned, the Honolulu Star-Advertiser holds no water of truth. It is the Hall Crier of the State of Hawai`i and tainted by propaganda and lies – the very reason I do not subscribe to it.
The paper ownership comes from Lorrin Andrews Thurston. He was born in 1858 and became a subject of the Hawaiian Kingdom by his Hawai`i birth. In 1898 he bought the Pacific Commercial Advertiser, better known today as the Honolulu Star-Advertiser. Mr. Thurston promoted the American’s interests in Hawai`i. He headed the Committee of Safety which led to the 1893 Overthrow of the Hawaiian Kingdom Government. Among other treasonous acts, he was highly instrumental in the support of the illegal 1898 Annexation Resolution – a US Congressional Act limited to the boarders of its own territory.
All of this information has been deviously concealed but has been uncovered by Dr. Keanu Sai and other amazing historians and should be respected for their knowledge and dedication the Hawaiian Kingdom. Mr. Perez’s article reports only some of the war crimes being committed; there are more to learn about.
Education cannot be stressed enough.
Aloha
Rosen as an attorney, had opened his mouth to soon. He should take a good look at himself and his clients before judging anyone. He knows that the lenders are playing the number games with the people loan and homes.
Furthermore, he is very well aware that Hawaii is not a State or maybe he is stuck on stupid. FRAUD IS FRAUD and his client committed thousands of FRAUD yet he defended them as if they are in the right… Rosen should be prosecuted and sanction for defending such criminals.
THE BIGGEST FRAUD IS THE NATION OF HAWAII BEING A STATE.
Our ancestors, our kupuna, and supporters of our constitutional monarchy said a’ole to annexation in 1896 and further affixed their 38,000 signatures to the (Ku’e) Monster Petition for the majority of our population which 1900 census concluded was 40,000 total. Neatly hidden away in the US Library (Lieburial) of Congress and retrieved for display by Dr. Noe SILVA in 1998, the evidence is overwhelming! How could an internal municipal US Law/Resolution (Newlands Resolution) convey foreign sovereign territory, a people, country and their Constitutional Government over to the United States without a treaty of session, conquest, treaty of war, or the consent of it’s people? Explain that Mr. ROSEN, Esq! Justice can and will prevail only in an international arena, so the US’s Dirty Laundry and it’s prolonged occupation can be placed on view for the world to see and judge. Our land, people, gov’t and resources exploited by the US. America isn’t the only free nation and society on earth, so is our Hawaiian Kingdom also known to the world as a free country, with international treaties of commerce, friendship and navigation. The Huli’au is now, 7 generations following the slight of hand by Thurston, Dole w/in the Traitorous Insurrectionist, Rebel of 13 Commitee of Safety members assisted by the US MARINES on that fateful Sunday, January 16, 1893. Mahalo, Dr. Keanu SAI for your research, testimony and irrefutable proof of chief executive agreements, that upon her desire for further peace and continuity between our countries, was willing to grant amnesty to the traitorous 13 and allow them their lives and liberty, furthermore the failure of America to follow through on it’s support & reinstatement of our executive, to ease tension, prevent dissolusion and undo it’s “Act of War” to further vindicate itself and restore its integrity to the people and the world. Instead, choosing to continue the prolonged occupation, commit war crimes and injustices imposed on our peaceful and neutral Kingdom of Hawaii. Furthermore, by the United States and its subordinate successors and perpetraitors who’ve since created the following puppet entities i.e. Provisonal Government, Republic, Territory and State of Hawaii to further cloud the past 127 years since the Bayonet Constitution began this spiral downward trek of treason. Our people, native, kamaaina and foreign are now enlightened with the possibility and benefits of change for a better way of life. I support and embrace it. Ua mau ke’ea o ka Aina, I ka pono, Imua i na poki’i, onipa’a. Lani1320
There is a need to prevent further US visual propoganda, miscommunication and confusion. Please remove the Statue Document “Treaty of Annexation” from the effigy (Statue) of US President William McKINLEY which stands on the grounds of McKINLEY High School should be immediately removed or chipped out of his grasp and destroyed. A treaty of Annexation was never created, ever existed and has never been doccumented, displayed or found – oh yea! Our Kupuna’s Ku’e petition stopped that non-sense in 1898 dead in it’s tracks. So, stop the lie now!
Absolute jaw-dropping! When I saw this on the newsstands on Monday, of course not only was I shocked to see Dr. Sai on the front page, but best of all, when I briefly read the first part, I was like “HOLY—-!!!!” I just seriously couldn’t believe it!There has never been a clear, legal explanation of Hawaii’s occupation on mainstream media for the last 110 years!! When I fully read that article, I was blown away!! In fact the magnitude of how I felt on that day reminded me of how I exactly felt when I first discovered Hawaii’s history in 2009!
If you seen my comment on the recent blog posting titled, “Big Island Video News Series: Defected – Testing Hawaiian Sovereignty”, you’ll notice I made a statement saying that if I see something like this on Hawaii’s mainstream media, I’ll personally declare to myself the POSSIBILITY of Hawaii getting de-occupied. I’m true to my word. After reading this stunning article, which never had a written indication of American propaganda or occupied Hawaii propaganda, I not only clapped my hands for the author who wrote this clean-cut article of Hawaii’s occupation, but after that, I raised my right hand and formally declared to myself that a de-occupation of the Hawaiian Islands from the United States of America IS A POSSIBILITY!
Now here is the question: Will it happen? The possibility is there, the question of it happening is now. This Star-Advertiser article publication is a good indication! To me, its the beginning of the end! Just like when Nazi Germany was defeated by the Russians in the Second Great War, it was the beginning of the end for them!
I think the article left a LOT to be desired. Felt like it could have done a better and more complete job at reporting. BTW, didn’t Kale actually win his case twice in state court? He wanted to force the bank to use the insurance policy and sued in federal court and that’s where he lost, right? So, wouldn’t that make the reporting incorrect? I’m certain that Kale said that a judge found in favor of him not once but twice. That would make the reporting by the Star Bulletin, inaccurate. Seems like an important point.
Also…does anyone else notice the way that the Star Bulletin does that subliminal thing all the time? Ex: Keanu Sai on the top, article follows….Bottom of the front page has an article about ancient iwi to be returned home. What is that? A little something for everyone?
Call it a conspiracy theory, but I think the article was an attempt at mentioning or “reporting” the fact that Keanu Sai had recently been to the ICRC, because there is a good chance that they may actually do something or who knows….physically arrive! Wouldn’t that be difficult to explain if you’re the local news agency and you never gave it the time of day!
This is wonderful! They are really trying to cover their butt. This is exciting! Lets see what else they try to publish. They are giving the public notice regarding the proceedings in the International Arena.
Per Dr. Sai….
Just like the PRESUMPTION of innocence UNTIL proven guilty, there’s a PRESUMPTION of CONTINUITY OF A COUNTRY/Nation State UNTIL it’s PROVEN w/o a doubt that it does not. What ‘counts’?
A SIGNED treaty (of annexation) before sovereign Nation States that LAWFULLY transfers property ownership, etc.
Hence the BURDEN OF PROOF lies on the US Inc cabal to PRODUCE the necessary documents— which everyone knows they do NOT have.
MG Hara (2024) needs to transition the fraud State of Hawaii into a 3-year temp military government while Hawaiian Kingdom gets FULLY resurrected. <3
P.s. I was terminated during the fraud CV19 flu-demic then dominoes fell… I sent notarized Letters of Title Defect via certified mail & got NO RESPONSE still in 2022-2023.
It's CLEAR that US Inc MAFIA [USCode defines "United States" as a fed "corporation"] just doesn't want to give up it's cash cow in paradise. ..