CourtListener 10740395•U.S. Bank Trust, N.A. v. Freitas, Jr.
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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
21-NOV-2025
08:05 AM
Dkt. 34 OGMD
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
U.S. BANK TRUST, N.A., AS TRUSTEE FOR
LSF9 MASTER PARTICIPATION TRUST, Plaintiff-Appellee, v.
ROBERT FREITAS, JR., aka ROBERT FREITAS, Defendant-Appellant, and
STATE OF HAWAI I, DEPARTMENT OF SOCIAL SERVICES AND HOUSING;
STATE OF HAWAI I, DEPARTMENT OF TAXATION;
KONA PALISADES ESTATES COMMUNITY ASSOCIATION,
Defendants-Appellees, and
DOES 1 through 20, inclusive, Defendants
APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CIVIL NO. 3CC18100175K)
ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Nakasone, Chief Judge, Leonard and Hiraoka, JJ.)
Upon consideration of the October 22, 2025 Plaintiff-
Appellee's Motion for: (1) Determination That Property Has Been
Conveyed to a Bona Fide Third Party Purchaser; (2) Determination
That Defendant-Appellant's Appeal is Moot; and (3) Dismissal of
Instant Appeal as Moot (Motion to Dismiss), filed by Plaintiff-
Appellee U.S. Bank Trust, N.A., as Trustee for LSF9 Master
Participation Trust (US Bank), the papers in support, noting no
opposition, and the record, it appears that:
On July 21, 2025, the Circuit Court of the Third
Circuit, Kona Division (Circuit Court), entered an Amended Order
Approving Commissioner's Report and Granting Plaintiff's Renewed
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Motion for Confirmation of Foreclosure Sale, Allowance of Costs,
Commissions and Fees, Distribution of Process, Directing
Conveyance and for Writ of Possession/Ejectments [Dkt. 203]
(Amended Order) and an Amended Judgment thereon [Dkt. 205]. In
the Amended Order, the Circuit Court determined, inter alia, that
the buyer of the subject property was a bona fide good faith
purchaser of the property, without any affiliation to US Bank or
its agents or any other party in this action. No appeal was
taken from the Amended Order and Amended Judgment. No
supersedeas bond was posted and no stay has been ordered.
When a defendant appeals from a foreclosure case, but
fails to post a supersedeas bond or otherwise obtain a stay of
the foreclosure, and the property is subsequently sold to a bona
fide purchaser at a judicial sale, the appeal is moot. See Bank
of New York Mellon v. R. Onaga, Inc., 140 Hawai i 358, 400 P.3d
559 (2017) ("The general rule is that the right of a good faith
purchaser to receive property acquired at a judicial sale cannot
be affected by the reversal of an order ratifying the sale where
a supersedeas bond has not been filed.").
In accordance with the Circuit Court's relevant
findings and conclusions, and pursuant to the holding in Onaga,
we conclude that this appeal is moot.
Therefore, IT IS HEREBY ORDERED that the October 22,
2025 Motion to Dismiss is granted, and the appeal is dismissed.
DATED: Honolulu, Hawai i, November 21, 2025.
/s/ Karen T. Nakasone
Chief Judge
/s/ Katherine G. Leonard
Associate Judge
/s/ Keith K. Hiraoka
Associate Judge
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