CourtListener 10872134•US Bank Trust National Association v. Association of Apartment Owners Haleakala Gardens
US Bank Trust National Association v. Association of Apartment Owners Haleakala Gardens
CourtListener 10872134Hawapp08.06.2026
Gesamter Gesetzestext
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
08-JUN-2026
08:11 AM
Dkt. 66 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I
US BANK TRUST NATIONAL ASSOCIATION,
NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER
TRUSTEE FOR VRMTG ASSET TRUST, Plaintiff-Appellee,
v.
AOAO HALEAKALA GARDENS, Defendant-Appellant;
CYNTHIA D. SMITH; TROY T. SMITH; and
HALEAKALA GARDENS – PHASE II, Defendants-Appellees,
and DOES 1 through 20, Inclusive, Defendants
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CASE NO. 2CCV-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER
(By: Nakasone, Chief Judge, Wadsworth and Guidry, JJ.)
Defendant-Appellant AOAO Haleakala Gardens (AOAO)
appeals from the June 14, 2024 "Order Approving Commissioner's
Report and Granting Plaintiff[-Appellee US Bank Trust National
Association, Not in Its Individual Capacity but Solely as Owner
Trustee for VRMTG Asset Trust's (US Bank)] Motion for
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
Confirmation of Foreclosure Sale, Allowance of Costs,
Commissions and Fees, Distribution of Proceeds, Directing
Conveyance and for Writ of Possession/Ejectments, Filed
April 23, 2024" (Confirmation Order), the June 14, 2024
"Judgment," and the July 10, 2024 "Order Denying [AOAO's] Non-
Hearing Motion for Reconsideration of [Confirmation Order]"
(Order Denying Reconsideration)," entered by the Circuit Court
of the Second Circuit (circuit court). 1
Defendants-Appellees Cynthia and Troy Smith (the
Smiths) were the owners of a condominium unit at the Haleakala
Gardens (Property). The Smiths obtained a loan, which was
secured by a mortgage on the Property. The mortgage was
assigned to US Bank in 2021. The Smiths defaulted on their loan
in 2009. The Smiths also stopped paying maintenance fees to the
AOAO. On June 18, 2013, the Smiths transferred their property
via quitclaim deed to the AOAO to settle their outstanding
maintenance fee debt. Upon assuming possession of the Property,
the AOAO rented and maintained the Property.
US Bank commenced a judicial foreclosure action in
June 2022 and moved for summary judgment in September 2023. On
November 1, 2023, the circuit court granted summary judgment in
favor of US Bank and appointed a commissioner; the AOAO stopped
1 The Honorable Kelsey T. Kawano presided.
2
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
receiving rental income for the Property. In April 2024, US
Bank moved for confirmation of the foreclosure sale of the
Property. In its Confirmation Order, the circuit court ordered
an accounting of all rental proceeds collected from the Property
from June 2013, when the AOAO acquired possession of the
Property, to June 2024, when the circuit court confirmed the
foreclosure sale, as well as disbursement of any excess rental
proceeds. The AOAO moved to reconsider, and the circuit court
entered its Order Denying Reconsideration.
The AOAO asserts two related points of error on
appeal, contending that the circuit court erred by "relying on":
(1) "Hawaii Revised Statutes [(HRS)] § 514B-146(n) to require
the [AOAO] to disburse rental income and provide an accounting
accruing from the date of the [AOAO's] ownership of the
Property"; and (2) "[Nationstar Mortgage, LLC v. Association of
Apartment Owners of Elima Lani Condominiums, 152 Hawaiʻi 406, 526
P.3d 383 (2023)] to order the [AOAO] to disburse rental income
the [AOAO] obtained prior to the [circuit court's] granting of
[US Bank's] Motion for Summary Judgment."
Upon careful review of the record, briefs, and
relevant legal authorities, and having given due consideration
3
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
to the arguments advanced and the issues raised by the parties,
we resolve the AOAO's points of error 2 as follows.
The AOAO contends that the circuit court's
Confirmation Order erroneously ordered the AOAO's accounting and
disbursement of the rental income pursuant to HRS § 514B-146(n)
(2018). "The lower court's authority to confirm a judicial sale
is a matter of equitable discretion. Hence, the exercise of
discretion by the lower court judge will not be disturbed on
appeal except for abuse." U.S. Bank Tr., N.A. v. Ass'n of
Apartment Owners of Waikoloa Hills Condo. Phase 1, 150 Hawaiʻi
573, 581, 506 P.3d 869, 877 (App. 2022) (cleaned up).
Interpretation of a statute is a question of law reviewed de
novo. Barker v. Young, 153 Hawaiʻi 144, 148, 528 P.3d 217, 221
(2023).
HRS § 514B-146(n) provides:
After any judicial or nonjudicial foreclosure proceeding in
which the association acquires title to the unit, any
excess rental income received by the association from the
unit shall be paid to existing lien holders based on the
priority of lien, and not on a pro rata basis, and shall be
applied to the benefit of the unit owner. For purposes of
this subsection, excess rental income shall be any net
income received by the association after a court has issued
a final judgment determining the priority of a senior
mortgagee and after paying, crediting, or reimbursing the
association or a third party for:
(1) The lien for delinquent assessments pursuant to
subsections (a) and (b);
(2) Any maintenance fee delinquency against the unit;
2 We consolidate and reorganize the AOAO's points of error herein.
4
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
(3) Attorney's fees and other collection costs related to
the association's foreclosure of the unit; or
(4) Any costs incurred by the association for the rental,
repair, maintenance, or rehabilitation of the unit
while the association is in possession of the unit
including monthly association maintenance fees,
management fees, real estate commissions, cleaning
and repair expenses for the unit, and general excise
taxes paid on rental income;
provided that the lien for delinquent assessments under
paragraph (1) shall be paid, credited, or reimbursed first.
(Emphasis added.)
By its plain language, HRS § 514B-146(n) applies
"[a]fter any judicial or nonjudicial foreclosure proceeding in
which the association acquires title to the unit." Id.; see
also Barker, 153 Hawaiʻi at 149, 528 P.3d at 222 ("The rules of
statutory interpretation require us to apply a plain language
analysis when statutory language is clear. Only when there is
an ambiguity in a statute are we to resort to other methods of
statutory interpretation.").
The Hawaiʻi Supreme Court has also expressly
interpreted HRS § 514B-146(n) to apply in situations where an
AOAO has foreclosed on a property:
The first clause provides that the statute only applies
after an association has foreclosed. The second clause
provides that "excess rental income" shall be paid to
senior lien holders by priority, to be applied for "the
benefit of the unit owner." In context, it is clear that
"the unit owner" refers to the owner prior to the
association, on whom the association foreclosed. See HRS
§ 514B-146(a) (Supp. 2015) (allowing the association,
during its foreclosure, to collect a "reasonable rental"
from "the unit owner").
. . . .
5
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
[W]e interpret HRS § 514B-146(n) to apply to rental income
received by the association after a mortgagee's subsequent
foreclosure, whether or not a commissioner is appointed.
The statute entitles the association to such income,
however collected, but only to the extent it does not
exceed the sum of the amounts listed in subsections (1)
through (4). . . .
. . . .
[I]n enacting HRS § 514B-146(n), the legislature intended
for a foreclosing association to be able to collect what it
was due and no more; hence, the association is to receive
all rents short of "excess rental income." Accordingly,
the statute calls for an accounting to take place upon
confirmation. The association must account for all rents
from the time it foreclosed on the property.
Elima, 152 Hawaiʻi at 415-16, 526 P.3d at 392-93. 3
Here, the AOAO did not acquire the Property through
judicial or nonjudicial foreclosure proceedings. The Smiths,
who were delinquent on their maintenance fees, quitclaimed the
Property to the AOAO as part of a settlement agreement. We
conclude that neither HRS § 514B-146(n), nor Elima, provides
legal authority for the circuit court to order the AOAO to
account for and disgorge rental proceeds collected from the time
it acquired the Property by quitclaim deed in 2013, until the
Confirmation Order was entered in 2024. The circuit court,
which appears to have relied solely upon HRS § 514B-146(n) and
Elima, therefore erred in ordering the AOAO to account for and
disgorge the rental proceeds on that basis.
3 In Elima, there were two foreclosure actions: a 2015 nonjudicial
foreclosure pursuant to HRS § 667, et seq. (2016), through which the
association acquired possession of the property; and a 2016 judicial
foreclosure through which the lender and mortgagee obtained a foreclosure
judgment.
6
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
For the foregoing reasons, we vacate the Judgment. We
affirm in part, and vacate in part, the Confirmation Order and
the Order Denying Reconsideration. Specifically, we vacate the
following paragraphs of the Confirmation Order:
11. The [AOAO] shall file a complete and detailed
accounting and explanation of all rental proceeds
collected, and any charges and expenses made against the
. . . Property beginning from the date the [AOAO] became
the record owner of the . . . Property through the date of
the [circuit court's] entry of this [Confirmation Order].
The [AOAO] shall provide its accounting and disburse any
excess rental proceeds within thirty-five (35) days from
the [circuit court's] entry of this [Confirmation Order]
unless otherwise ordered by the [circuit court].
12. The [AOAO], shall disburse any excess rental
proceeds by the sale closing deadline set forth by the
[circuit court] herein, with the disbursement consistent
with [Elima], in the following order of priority:
i. First, pay any real property taxes to the
County of Maui that remain outstanding at the
time of closing and any real property taxes
that [US Bank] has advanced, to the benefit of
the [AOAO], from the date of their ownership;
ii. Second, any current common expenses owed on the
Property and other charges as allowed under
[HRS] § 514B-146(n), due to [the AOAO] until
the date of closing;
iii. Third, pay Commissioner's fees/costs;
iv. Fourth, to pay down [US Bank's] delinquency;
v. Fifth, any further excess rental proceeds to
[the Smiths], the former owners of the . . .
Property.
We further vacate any other part of the Confirmation Order and
Order Denying Reconsideration that requires the AOAO to provide
an accounting and disgorgement of the rental proceeds it
collected on the Property prior to entry of the Confirmation
Order. We remand for further proceedings consistent with this
7
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
summary disposition order, including with regard to the circuit
court's discretion to consider its equitable authority to order
the AOAO's accounting and disgorgement of rental proceeds on any
basis in equity other than HRS § 514B-146(n) and Elima.
DATED: Honolulu, Hawaiʻi, June 8, 2026.
On the briefs: /s/ Karen T. Nakasone
Chief Judge
Kelly A. LaPrade,
for Defendant-Appellant. /s/ Clyde J. Wadsworth
Associate Judge
Leila M. Rothwell,
for Plaintiff-Appellee. /s/ Kimberly T. Guidry
Associate Judge
David W. Cain,
for Defendants-Appellees.
8
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
08-JUN-2026
08:11 AM
Dkt. 66 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I
US BANK TRUST NATIONAL ASSOCIATION,
NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER
TRUSTEE FOR VRMTG ASSET TRUST, Plaintiff-Appellee,
v.
AOAO HALEAKALA GARDENS, Defendant-Appellant;
CYNTHIA D. SMITH; TROY T. SMITH; and
HALEAKALA GARDENS – PHASE II, Defendants-Appellees,
and DOES 1 through 20, Inclusive, Defendants
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CASE NO. 2CCV-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER
(By: Nakasone, Chief Judge, Wadsworth and Guidry, JJ.)
Defendant-Appellant AOAO Haleakala Gardens (AOAO)
appeals from the June 14, 2024 "Order Approving Commissioner's
Report and Granting Plaintiff[-Appellee US Bank Trust National
Association, Not in Its Individual Capacity but Solely as Owner
Trustee for VRMTG Asset Trust's (US Bank)] Motion for
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
Confirmation of Foreclosure Sale, Allowance of Costs,
Commissions and Fees, Distribution of Proceeds, Directing
Conveyance and for Writ of Possession/Ejectments, Filed
April 23, 2024" (Confirmation Order), the June 14, 2024
"Judgment," and the July 10, 2024 "Order Denying [AOAO's] Non-
Hearing Motion for Reconsideration of [Confirmation Order]"
(Order Denying Reconsideration)," entered by the Circuit Court
of the Second Circuit (circuit court). 1
Defendants-Appellees Cynthia and Troy Smith (the
Smiths) were the owners of a condominium unit at the Haleakala
Gardens (Property). The Smiths obtained a loan, which was
secured by a mortgage on the Property. The mortgage was
assigned to US Bank in 2021. The Smiths defaulted on their loan
in 2009. The Smiths also stopped paying maintenance fees to the
AOAO. On June 18, 2013, the Smiths transferred their property
via quitclaim deed to the AOAO to settle their outstanding
maintenance fee debt. Upon assuming possession of the Property,
the AOAO rented and maintained the Property.
US Bank commenced a judicial foreclosure action in
June 2022 and moved for summary judgment in September 2023. On
November 1, 2023, the circuit court granted summary judgment in
favor of US Bank and appointed a commissioner; the AOAO stopped
1 The Honorable Kelsey T. Kawano presided.
2
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
receiving rental income for the Property. In April 2024, US
Bank moved for confirmation of the foreclosure sale of the
Property. In its Confirmation Order, the circuit court ordered
an accounting of all rental proceeds collected from the Property
from June 2013, when the AOAO acquired possession of the
Property, to June 2024, when the circuit court confirmed the
foreclosure sale, as well as disbursement of any excess rental
proceeds. The AOAO moved to reconsider, and the circuit court
entered its Order Denying Reconsideration.
The AOAO asserts two related points of error on
appeal, contending that the circuit court erred by "relying on":
(1) "Hawaii Revised Statutes [(HRS)] § 514B-146(n) to require
the [AOAO] to disburse rental income and provide an accounting
accruing from the date of the [AOAO's] ownership of the
Property"; and (2) "[Nationstar Mortgage, LLC v. Association of
Apartment Owners of Elima Lani Condominiums, 152 Hawaiʻi 406, 526
P.3d 383 (2023)] to order the [AOAO] to disburse rental income
the [AOAO] obtained prior to the [circuit court's] granting of
[US Bank's] Motion for Summary Judgment."
Upon careful review of the record, briefs, and
relevant legal authorities, and having given due consideration
3
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
to the arguments advanced and the issues raised by the parties,
we resolve the AOAO's points of error 2 as follows.
The AOAO contends that the circuit court's
Confirmation Order erroneously ordered the AOAO's accounting and
disbursement of the rental income pursuant to HRS § 514B-146(n)
(2018). "The lower court's authority to confirm a judicial sale
is a matter of equitable discretion. Hence, the exercise of
discretion by the lower court judge will not be disturbed on
appeal except for abuse." U.S. Bank Tr., N.A. v. Ass'n of
Apartment Owners of Waikoloa Hills Condo. Phase 1, 150 Hawaiʻi
573, 581, 506 P.3d 869, 877 (App. 2022) (cleaned up).
Interpretation of a statute is a question of law reviewed de
novo. Barker v. Young, 153 Hawaiʻi 144, 148, 528 P.3d 217, 221
(2023).
HRS § 514B-146(n) provides:
After any judicial or nonjudicial foreclosure proceeding in
which the association acquires title to the unit, any
excess rental income received by the association from the
unit shall be paid to existing lien holders based on the
priority of lien, and not on a pro rata basis, and shall be
applied to the benefit of the unit owner. For purposes of
this subsection, excess rental income shall be any net
income received by the association after a court has issued
a final judgment determining the priority of a senior
mortgagee and after paying, crediting, or reimbursing the
association or a third party for:
(1) The lien for delinquent assessments pursuant to
subsections (a) and (b);
(2) Any maintenance fee delinquency against the unit;
2 We consolidate and reorganize the AOAO's points of error herein.
4
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
(3) Attorney's fees and other collection costs related to
the association's foreclosure of the unit; or
(4) Any costs incurred by the association for the rental,
repair, maintenance, or rehabilitation of the unit
while the association is in possession of the unit
including monthly association maintenance fees,
management fees, real estate commissions, cleaning
and repair expenses for the unit, and general excise
taxes paid on rental income;
provided that the lien for delinquent assessments under
paragraph (1) shall be paid, credited, or reimbursed first.
(Emphasis added.)
By its plain language, HRS § 514B-146(n) applies
"[a]fter any judicial or nonjudicial foreclosure proceeding in
which the association acquires title to the unit." Id.; see
also Barker, 153 Hawaiʻi at 149, 528 P.3d at 222 ("The rules of
statutory interpretation require us to apply a plain language
analysis when statutory language is clear. Only when there is
an ambiguity in a statute are we to resort to other methods of
statutory interpretation.").
The Hawaiʻi Supreme Court has also expressly
interpreted HRS § 514B-146(n) to apply in situations where an
AOAO has foreclosed on a property:
The first clause provides that the statute only applies
after an association has foreclosed. The second clause
provides that "excess rental income" shall be paid to
senior lien holders by priority, to be applied for "the
benefit of the unit owner." In context, it is clear that
"the unit owner" refers to the owner prior to the
association, on whom the association foreclosed. See HRS
§ 514B-146(a) (Supp. 2015) (allowing the association,
during its foreclosure, to collect a "reasonable rental"
from "the unit owner").
. . . .
5
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
[W]e interpret HRS § 514B-146(n) to apply to rental income
received by the association after a mortgagee's subsequent
foreclosure, whether or not a commissioner is appointed.
The statute entitles the association to such income,
however collected, but only to the extent it does not
exceed the sum of the amounts listed in subsections (1)
through (4). . . .
. . . .
[I]n enacting HRS § 514B-146(n), the legislature intended
for a foreclosing association to be able to collect what it
was due and no more; hence, the association is to receive
all rents short of "excess rental income." Accordingly,
the statute calls for an accounting to take place upon
confirmation. The association must account for all rents
from the time it foreclosed on the property.
Elima, 152 Hawaiʻi at 415-16, 526 P.3d at 392-93. 3
Here, the AOAO did not acquire the Property through
judicial or nonjudicial foreclosure proceedings. The Smiths,
who were delinquent on their maintenance fees, quitclaimed the
Property to the AOAO as part of a settlement agreement. We
conclude that neither HRS § 514B-146(n), nor Elima, provides
legal authority for the circuit court to order the AOAO to
account for and disgorge rental proceeds collected from the time
it acquired the Property by quitclaim deed in 2013, until the
Confirmation Order was entered in 2024. The circuit court,
which appears to have relied solely upon HRS § 514B-146(n) and
Elima, therefore erred in ordering the AOAO to account for and
disgorge the rental proceeds on that basis.
3 In Elima, there were two foreclosure actions: a 2015 nonjudicial
foreclosure pursuant to HRS § 667, et seq. (2016), through which the
association acquired possession of the property; and a 2016 judicial
foreclosure through which the lender and mortgagee obtained a foreclosure
judgment.
6
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
For the foregoing reasons, we vacate the Judgment. We
affirm in part, and vacate in part, the Confirmation Order and
the Order Denying Reconsideration. Specifically, we vacate the
following paragraphs of the Confirmation Order:
11. The [AOAO] shall file a complete and detailed
accounting and explanation of all rental proceeds
collected, and any charges and expenses made against the
. . . Property beginning from the date the [AOAO] became
the record owner of the . . . Property through the date of
the [circuit court's] entry of this [Confirmation Order].
The [AOAO] shall provide its accounting and disburse any
excess rental proceeds within thirty-five (35) days from
the [circuit court's] entry of this [Confirmation Order]
unless otherwise ordered by the [circuit court].
12. The [AOAO], shall disburse any excess rental
proceeds by the sale closing deadline set forth by the
[circuit court] herein, with the disbursement consistent
with [Elima], in the following order of priority:
i. First, pay any real property taxes to the
County of Maui that remain outstanding at the
time of closing and any real property taxes
that [US Bank] has advanced, to the benefit of
the [AOAO], from the date of their ownership;
ii. Second, any current common expenses owed on the
Property and other charges as allowed under
[HRS] § 514B-146(n), due to [the AOAO] until
the date of closing;
iii. Third, pay Commissioner's fees/costs;
iv. Fourth, to pay down [US Bank's] delinquency;
v. Fifth, any further excess rental proceeds to
[the Smiths], the former owners of the . . .
Property.
We further vacate any other part of the Confirmation Order and
Order Denying Reconsideration that requires the AOAO to provide
an accounting and disgorgement of the rental proceeds it
collected on the Property prior to entry of the Confirmation
Order. We remand for further proceedings consistent with this
7
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
summary disposition order, including with regard to the circuit
court's discretion to consider its equitable authority to order
the AOAO's accounting and disgorgement of rental proceeds on any
basis in equity other than HRS § 514B-146(n) and Elima.
DATED: Honolulu, Hawaiʻi, June 8, 2026.
On the briefs: /s/ Karen T. Nakasone
Chief Judge
Kelly A. LaPrade,
for Defendant-Appellant. /s/ Clyde J. Wadsworth
Associate Judge
Leila M. Rothwell,
for Plaintiff-Appellee. /s/ Kimberly T. Guidry
Associate Judge
David W. Cain,
for Defendants-Appellees.
8
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