U.S. Bank National Association v. Harada

── U.S. Bank National Association v. Harada ── Court: Hawaii Intermediate Court of Appeals Date: April 30, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 30-APR-2026 08:36 AM Dkt. 75 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET INVESTMENT LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-7, Plaintiff-Appellee, v. BRUCE MARTIN HARADA, Defendant-Appellee, and TEREEN TERUKO HARADA, Defendant-Appellant, and VILLAGES OF KAPOLEI ASSOCIATION; HAWAIʻI HOUSING FINANCE AND DEVELOPMENT CORPORATION; STATE OF HAWAIʻI-DEPARTMENT OF TAXATION, Defendants-Appellees, and DOES 1 through 20, inclusive, Defendants. APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CC121001484) SUMMARY DISPOSITION ORDER (By: Leonard, Presiding Judge, Wadsworth and McCullen, JJ.) Defendant-Appellant Tereen Teruko Harada appeals from the Circuit Court of the First Circuit's January 5, 2024 "Order Approving Commissioner's Report and Granting [Plaintiff-Appellee  NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER U.S. Bank National Association's] Renewed Motion for Confirmation of Foreclosure Sale, Allowance of Costs, Commissions and Fees, Distribution of Proceeds, Directing Conveyance Filed on September 19, 2023" (Order Confirming Foreclosure Sale) and Judgment. 1 (Formatting altered.) On appeal, Harada contends the circuit court erred in confirming the judicial foreclosure sale of real property in Kapolei (the Property) and erred in failing to stay proceedings to re-market the Property. Upon careful review of the record and the briefs submitted by the parties, and having given due consideration to the issues raised and the arguments advanced, we resolve this appeal as discussed below and affirm. In March 2004, Harada's husband at the time executed a $180,000.00 adjustable-rate note secured by a mortgage on the Property, and had defaulted by September 2007. A complaint to foreclose was filed in May 2012. In December 2022, U.S. Bank moved for summary judgment and an interlocutory decree of foreclosure on the Property. In January 2023, Defendant Hawaiʻi Housing Finance and Development Corporation (HHFDC) moved for partial summary judgment to 1 The Honorable James H. Ashford presided until January 1, 2024, when the case was reassigned to the Honorable Shirley M. Kawamura, who entered the appealed-from order and judgment consistent with Judge Ashford's December 1, 2023 oral ruling. 2  NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER establish its priority for its shared appreciation equity lien (SAE lien) on the Property. In March 2023, the circuit court granted U.S. Bank's motion, appointed Matthew S. Sumstine as Commissioner (Commissioner Sumstine), and ordered the Property sold at auction. The circuit court also found that the "Mortgage constitutes a first priority interest" in the Property, "subject only to the interest of Defendant [HHFDC]" and that the "amounts owed to HHFDC shall be determined at a subsequent confirmation hearing." T