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NO. CAAP-19-0000004 

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. 

ASSOCIATION OF APARTMENT OWNERS OF ELIMA LANI CONDOMINIUMS, 

Defendant-Appellant, and JOHN C. PATTERSON; 

FENNY J.M. PATTERSON; WAIKOLOA VILLAGE ASSOCIATION; 

JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; 

DOE ENTITIES 1-20; AND DOE GOVERNMENTAL UNITS 1-20, 

Defendants-Appellees. 

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT 

(CIVIL NO. 18-1-011K) 

SUMMARY DISPOSITION ORDER 

(By: Ginoza, Chief Judge, Leonard and McCullen, JJ.) 

 Defendant-Appellant Association of Apartment Owners of 

Elima Lani Condominiums (Association) appeals from the Circuit 

Court of the Third Circuit's December 11, 2018 "Findings of 

Fact, Conclusions of Law and Order Granting [Plaintiff-Appellee 

U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation 

Trust's (Bank)] Motion for Summary Judgment Against All 

Electronically Filed

Intermediate Court of Appeals

CAAP-19-0000004

08-SEP-2022

08:07 AM

Dkt. 56 SO
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Defendants and for Interlocutory Decree of Foreclosure" and 

Judgment.1

 Upon careful review of the record and the briefs 

submitted by the parties, and having given due consideration to 

the arguments advanced and the issues raised, we resolve 

Association's points of error below, and affirm. 

(1) Association contends that the "circuit court 

committed reversible error when it purportedly vested the 

Commissioner with and divested the Association of equitable 

title to the Property owned by the Association." However, 

nowhere in its December 11, 2018 order or judgment did the 

circuit court purport to "vest" the Commissioner with title to 

the subject property. See Bank of New York Mellon v. Larrua, 

150 Hawai‘i 429, 445 n.18, 504 P.3d 1017, 1033 n.18 (App. 2022). 

(2) Association contends that 

The circuit court committed reversible error when it agreed 

with Lender that the right to possess and collect rental 

income from the Property was within the Commissioner's 

discretion upon the entry of the [motion for summary 

judgment] Order, and ordered the Commissioner "to take 

possession and control of the Property" owned by the 

Association, including the collection and retention of 

rents. 

We hold that the circuit court did not abuse its discretion by 

ordering the Commissioner "to take possession and control of the 

Property, including but not limited to collecting rental 

payments[.]" These duties are "standard practice . . . to 

 1 The Honorable Robert D.S. Kim presided.
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facilitate a foreclosure sale and ensure preservation of the 

Property for the subsequent purchaser, after the entry of the 

foreclosure decree and judgment." Id. at 441, 504 P.3d at 1029. 

Further, "[u]nder Hawai‘i law, a judgment entered on a 

foreclosure decree is a final determination of a foreclosed 

party's ownership interests in the subject property . . . 

notwithstanding that further proceedings are necessary to 

enforce and otherwise effectuate the foreclosure decree and 

judgment." Id. at 431, 504 P.3d at 1019. 

Based on the foregoing, we affirm the circuit court's 

December 11, 2018 "Findings of Fact, Conclusions of Law and 

Order Granting [Bank's] Motion for Summary Judgment Against All 

Defendants and for Interlocutory Decree of Foreclosure" and 

Judgment. 

 DATED: Honolulu, Hawai‘i, September 8, 2022. 

On the briefs: 

R. Laree McGuire, 

Defendant-Appellant. 

Robin Miller, 

Charles R. Prather, 

Ken Ohara, and 

Peter T. Stone, 

for Plaintiff-Appellee. 

/s/ Lisa M. Ginoza 

Chief Judge 

/s/ Katherine G. Leonard 

Associate Judge 

/s/ Sonja M.P. McCullen 

Associate Judge