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Breaking & Entering is NOT a Path to Home Ownership. Part 1

Breaking & Entering is NOT a Path to Home Ownership.
Part 1

As a Kauai Real Estate Broker for many Kauai Bank owned properties I am usually the first contact when banks foreclose on a property on Kauai. When I get a new property assignment I go there and see who is occupying a property. Often it’s the former owner, renter, squatter or it’s vacant. When the house is not vacant I am usually instructed to offer the occupant relocation funds to move. This way the bank can give their money to the occupant instead of spending it on lawyers for eviction. This process is commonly referred to Cash for Keys (CFK) as is usually a win-win situation for the banks and the occupant.

This CFK process for me has had a high success rate, however recently I have run into a difficult situation. Someone living next door to a west side house where the former owners were moving went in told the elderly Hawaiian couple (Kupunas) that they were the owner of the house. By the time I got there the new squatter was moving in.

The new squatter was offered CFK, but was not interested. He was claiming ownership by way of his 50% Hawaiian Ancestry.

The confirmation of the sale was held. The Squatter appealed it. But was dismissed in an ordered signed by 3 judges for 3 separate reasons. Lack of Jurisdiction ( They filed on the Big Island), lateness of filing (over 30 days) and “ they lack standing to appeal” (it was not the Kupunas who were foreclosed on who were appealing). It was squatters who lived next door at a friends/relatives house.

This all happened in 2018. With no agreement from the squatter to move, the Bank then hired their attorneys to evict. But there was a hiccup. Even though the writ of ejectment was issued in 2018, this was the year that Sheriff/Sargent Gary Saiki past away. Sargent Saiki is a legend in my eyes. He was very empathetic to people he had to evict but also very effective. He would wait if I asked him too due to a CFK agreement or he would give squatters notice before he locked them out. He was very communicative to agents and squatters.

The new sheriff did not appear to be as interested or communicative in evictions. I’m not sure what the issues were. But according to the process server who was in charge said the sheriffs did not show up during a scheduled eviction. The process server then arranged for the Maui sheriffs to do the eviction. But by 2020 the Coronavirus hit and they got delayed.

Then earlier this year I’m on Facebook and I see on the Kauai Coronavirus group a video that the subject squatter took. He was being evicted. (Thank you Kauai sheriffs) I emailed the bank, they were just notified too of the eviction. I was told to go the next day and changed the locks. This began a new stage of my life.

The Cyber Bullying Zone:

I called my favorite locksmith and made arrangements to meet him there. But the squatter was not having it. He was still saying it was his property. Instead of entering into a yelling match and not wanting things to get physical I called the police who called the sheriffs. So after a few hours the police and sheriffs provided security while the locksmith change the locks and arrested the squatter for trespassing. This was being accomplished and broadcasted on FaceBook live while I was villainize. That was new to me, being a target of keyboard trolls.

Although the squatter and I always spoke cordially to each other, we had different agendas. I did meet with him so he could get his valuable personal property off the property. That went well. But afterwards he harassed the banks clean up crew and they left. The bank hired someone else to clean up. They dropped off a rubbish container the day before. The Squatters truck was blocking the driveway. The clean up crew needed access. After numerous requests to move it, I had to call the police. Again hours later they finally tell the tow truck will be here shortly so move it now or get towed. He moves it. But during the time I am constantly being filmed, chanted too, I think there were words of pestilence and cancer. So more videos and more cyber trolls. I get a few phone calls too. Most of the trolling is done on the squatters site which I don’t view the videos and comments. But a few family members got pissed off and started to respond. It was nice to also receive calls and messages of support.
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On one re-post popular site someone from the community did comment and ask that if was the guy who kicked the Kupuna (elder Hawaiians) out of their home saying it was his. (YES! Thank you). None of the Squatters followers wanted to hear any of the facts from me.

So I’m in the midst of all this intimidation, from a Hapa-Hawaiian squatter, I have learned that :

#1. My skin is really thick. The cyber trolls don’t bother me too much. But I feel sorry for the youth who have been victimized by keyboard wizards.
#2. The Prayer of St Francis of Assisi. When the situation started bothering me I read and memorized the prayer. God is Good. It feels good to pray for my “enemies”.
#3 My family and friends are great . Thank you.
#4. I’m not a quitter. Some jobs are just more difficult then others.

Aloha to all. I will probably update this story once the property is sold. But remember Breaking and Entering is not a path to home ownership.

The photo is from a different house where a similar situation was tried.

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