U.S. Bank National Association v. Lake

── U.S. Bank National Association v. Lake ── Court: Hawaii Intermediate Court of Appeals Date: May 22, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 22-MAY-2026 08:05 AM Dkt. 241 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDER OF ASSET-BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST 2004-HE7 ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-HE7, Plaintiff/Crossclaim Defendant-Appellee, v. MARCUS PONO LAKE, Defendant/Crossclaimant/Third-Party Plaintiff-Appellee, and MARSHALL D. CHINEN, AS SUCCESSOR SPECIAL ADMINISTRATOR OF THE ESTATE OF VIOLA LAKE FAO, fka VIOLA INNOCENCIA FAO; MILILANI TOWN ASSOCIATION, Defendants-Appellees, and LANIKUHANA PATIO HOMES, Defendant/Crossclaim Defendant-Appellee, and 1326 KEEAUMOKU, LLC, Defendant/Crossclaim Defendant/Crossclaimant-Appellant, and STEPHEN W. FISCHER, INDIVIDUALLY AND AS TRUSTEE FOR THE STEPHEN W. FISCHER REVOCABLE TRUST; REALTY PROFESSIONALS, LLC, A HAWAII LIMITED LIABILITY COMPANY; JRS HUI, LLC, A HAWAII LIMITED LIABILITY COMPANY, Third-Party Defendants/Crossclaimants-Appellees, and JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE ENTITIES 1-20; and DOE GOVERNMENTAL UNITS 1-20, Defendants APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC151001975) SUMMARY DISPOSITION ORDER (By: Nakasone, Chief Judge, Leonard and Wadsworth, JJ.) This appeal arises out of a foreclosure proceeding brought by Plaintiff/Crossclaim Defendant-Appellee U.S. Bank National Association as Trustee for the Registered Holder of Asset Backed Securities Corporation Home Equity Loan Trust 2004-  NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER HE7 Asset Backed Pass-Through Certificates, Series 2004-HE7 (U.S. Bank). Defendant/Crossclaim Defendant/Crossclaimant-Appellant 1326 Keeaumoku LLC (1326 Keeaumoku) does not seek relief from the July 26, 2021 interlocutory decree of foreclosure and related Hawai i Rules of Civil Procedure (HRCP) Rule 54(b) judgment in favor of U.S. Bank, the confirmation of the sale of the subject property (Property), or the purchaser's immediate and exclusive possession of the Property. 1326 Keeaumoku is not seeking title. Rather, 1326 Keeaumoku seeks relief from eight orders ruling on motions in limine for a trial scheduled on the parties' remaining claims, which was later cancelled, and five orders regarding the distribution of the surplus proceeds from the foreclosure sale, entered by the Circuit Court of the First Circuit (Circuit Court):1 (1-6) the April 11, 2022 orders denying 1326 Keeaumoku's motions in limine Nos. 6, 5, 4, 3, 2, 1; (7-8) the April 11, 2022 orders denying Defendant/Crossclaim Defendant- Appellee Lanikuhana Patio Homes' (Lanikuhana Homes) motions in limine Nos. 11 and 9; (9) the May 16, 2023 Order Granting in Part and Denying in Part 1326 Keeaumoku LLC's Motion for Confirmation of Foreclosure Sale (1326 Keeaumoku Surplus Order); (10) the May 16, 2023 Order Partially Granting Plaintiff's Motion for Order Confirming Foreclosure Sale, Approving Commissioner's Report, Allowance of Commissioner's Fees, Attorney's Fees, Costs, Directing Conveyance and for Writ of Ejectment (U.S. Bank Surplus Order); (11) the August 1, 2023 Order Granting in Part and 1 The Honorable Gary W.B. Ch