East Hawaii News

Eviction Looms For Sovereignty Foreclosure Activist

August 14, 2013, 10:04 AM HST
* Updated August 14, 10:08 AM
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A former insurance agent in Puna who advises clients they can avoid court-ordered foreclosure and eviction from their homes is about to be evicted himself.

Kale Gumapac owns a $320,000 home in Hawaiian Paradise Park that also houses Laulima Title Search and Claims LLC, Gumapac’s company that specializes in “supporting homeowners and attorneys during the foreclosure process by providing education, counseling, attorney referrals, and paralegal research,” according to the company’s website.

But a state sheriff showed up at Gumapac’s house on Monday with an eviction notice, and Gumapac expects a swarm of armed state sheriffs with moving vans to show up on his property any day now.

“Probably on a Saturday or Sunday,” he said. “That’s when they usually do it.”

Gumapac has vowed that he will not leave his home and office when the sheriffs arrive, however. “We’ll stick to our principles,” he told Big Island Now. “We’re not going anywhere.”

This sign is posted on the fence in front of Kale Gumapac's Hawaiian Paradise Park Home. Photo by Hunter Bishop

This sign is posted on the fence in front of Kale Gumapac’s Hawaiian Paradise Park Home. Photo by Hunter Bishop.

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Gumapac was working in his office/home on Tuesday with Laulima assistants Nanci Munro and Robert Keliihoomalu Jr. They and other supporters claim that the evictions constitute “war crimes” according to the International Criminal Court at the Hague, Netherlands, dating back to the overthrow of Queen Liliuokalani in 1898.

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Gumapac’s company advises clients that they can stop court-ordered evictions by researching property titles and finding “defects” in them resulting from that late 19th-century act.

“We provided all the evidence, we have played by the rules all the way, and the banks and attorneys did not refute our evidence,” Gumapac said.

The problem is that when Gumapac and his clients fail to make their mortgage payments, courts ignore their sovereignty-based legal claims and move straight toward court-ordered foreclosure and eviction.

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Gumapac believes however that international law trumps US law and that he will ultimately prevail in the international court, where Honolulu attorney Dexter Kaiama, who represents Gumpapac, has filed charges of “war crimes” against judges and other officers in Hawaii who do not recognize his legal argument.

Gumapac admits that Kaiama’s legal strategies have never saved any of his clients from court-ordered foreclosures and evictions. He also acknowledges that he stopped making payments on his mortgage with Deutschebank. Nevertheless, “I believe in the legal stuff we’re presenting,” he said.

“I can prove a defect in the title,” Gumapac said. “Deutschebank needs to file a claim against the title company insurance policy. This is not my opinion, it’s the law.”

Gumpac said he’s being targeted by the state for his aggressive opposition to current mortgage practices in Hawaii. “We’re a thorn in their side,” he said, “filing claims on every island. They’re trying to shut us down.”

A video of state sheriff Patrick Kawai serving Gumapac with the foreclosure notice at Gumapac’s property on Monday was posted on YouTube. In the video Gumpac tells Kawai that by serving the “illegal document,” he is also guilty of “war crimes” in international court.

A voice mail message left at a number provided for State Sheriff Robin Nagamine on Tuesday was not returned.

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