U.S. Bank National Association v. Young

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
19-SEP-2025
07:56 AM
Dkt. 98 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSR
MORTGAGE LOAN TRUST 2006-3F, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-3F, Plaintiff-Appellee, v.
JEFFERSON HALONA YOUNG; LINDA D. YOUNG; BANK OF AMERICA,
N.A.; DEPARTMENT OF TAXATION - STATE OF HAWAII; PALEHUA
COMMUNITY ASSOCIATION, Defendants-Appellees,
and
GABI KIM COLLINS, Defendant-Appellant,
and
JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS
1-20; DOE ENTITIES 1-20; AND DOE GOVERNMENTAL UNITS
1-20, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1CC161001282)

SUMMARY DISPOSITION ORDER
(By: Nakasone, Chief Judge, Leonard and Hiraoka, JJ.)

Gabi Kim Collins, representing herself, appeals from
the Judgment for U.S. Bank N.A. entered by the Circuit Court of
the First Circuit on August 1, 2025.1 She challenges the Order
Confirming Foreclosure Sale and the Writ of Ejectment, also
entered on August 1, 2025. We affirm.
U.S. Bank filed a mortgage foreclosure complaint on
July 5, 2016. The mortgagors were Jefferson Halona Young and
Linda D. Young. The Youngs had quitclaimed the property to

1
The Honorable James H. Ashford presided.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Collins. A Foreclosure Judgment was entered on March 16, 2020.
Collins appealed. We affirmed. U.S. Bank N.A. v. Young,
No. CAAP-XX-XXXXXXX, 2024 WL 4249945 (Haw. App. Sept. 20, 2024)
(SDO) (Collins I), cert. rejected, No. SCWC-XX-XXXXXXX, 2025 WL
643987 (Haw. Feb. 25, 2025).
The commissioner reported on the foreclosure sale on
September 16, 2022. U.S. Bank moved to confirm the sale. On
January 17, 2023, we entered an order in Collins I temporarily
staying proceedings in the Circuit Court. The stay was extended
by order entered on March 30, 2023. The stay expired by its
terms on May 1, 2023, after Collins did not file a supersedeas
bond in the Circuit Court by that date.
On February 17, 2023 (while the case was stayed), the
Circuit Court entered an order confirming the foreclosure sale, a
judgment confirming the foreclosure sale, and a writ of
ejectment. Collins appealed. We temporarily remanded the case
for re-entry of the order, judgment, and writ. See Waikiki v.
Ho#omaka Vill. Ass'n of Apartment Owners, 140 Hawai#i 197, 204,
398 P.3d 786, 793 (2017); Hawaii Revised Statutes § 602-57(3)
(2016). The Order, Judgment, and Writ were entered on August 1,
2025.
Collins states the following points of error: (1) the
order confirming the foreclosure sale, judgment confirming the
foreclosure sale, and writ of ejectment are void because they
were entered in violation of the temporary stay; (2) newly
discovered evidence shows fraud; (3) the Circuit Court applied
the wrong statute of limitations; (4) the Circuit Court failed to
stop the imposter after new evidence exposed fraud; and (5) the
Circuit Court failed to review her constitutional challenge to
the statute of limitations. The argument section of Collins's
brief does not follow her points of error. We have attempted to
connect the arguments to the points of error; points not argued
are deemed waived. Hawai#i Rules of Appellate Procedure (HRAP)
Rule 28(b)(7). Non-jurisdictional argument not corresponding to
a point of error is disregarded. HRAP Rule 28(b)(4).

2
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

(1) Although not stated in a point of error, we must
first address Collins's argument that the Circuit Court lacked
jurisdiction over the foreclosure action. Lack of subject matter
jurisdiction can never be waived and may be raised at any time.
Yamane v. Pohlson, 111 Hawai#i 74, 83, 137 P.3d 980, 989 (2006).
Collins argues the Circuit Court lacked jurisdiction because the
six-year statute of limitations should have been applied. Her
argument lacks merit. Even if a six-year limitation period
applied,2 "the expiration of a statute of limitations does not
terminate a court's jurisdiction over the subject matter." State
v. Timoteo, 87 Hawai#i 108, 114, 952 P.2d 865, 871 (1997).
(2) The February 17, 2023 order, judgment, and writ
were entered while proceedings were stayed. The Circuit Court
cured the procedural error by entering the August 1, 2025 Order,
Judgment, and Writ on temporary remand.3 Collins's notice of
appeal is considered filed immediately thereafter. HRAP
Rule 4(a)(2).
(3) Collins challenges U.S. Bank's standing to pursue
the foreclosure action. Standing goes to the merits of the
Foreclosure Judgment. An appellant cannot challenge the merits
of a foreclosure decree on appeal from an order confirming the
foreclosure sale. Bank of New York Mellon v. R. Onaga, Inc., 140
Hawai#i 358, 368, 400 P.3d 559, 569 (2017).
(4) Collins argues U.S. Bank did not own the Youngs'
debt and defrauded the Circuit Court. She made the argument in
opposition to U.S. Bank's motion to confirm the foreclosure sale.

2
It doesn't. Bank of New York Mellon v. White, 156 Hawai#i 246,
250, 573 P.3d 629, 633 (2025) ("The statute of limitations for mortgage
foreclosure actions is twenty years per HRS § 657-31.").
3
Collins moved to strike the Order, Judgment, and Writ. She
questioned the propriety of the Circuit Court's entry of those documents the
same day as the entry of the order of temporary remand. The order of
temporary remand did not require that U.S. Bank resubmit the documents, so
Rule 23 of the Rules of the Circuit Courts of the State of Hawai#i did not
apply. The commissioner's signatures approving the form of the original order
and judgment are identical to the signatures on the re-entered Order and
Judgment. It appears the Circuit Court simply amended the date, judge's
signature, and seal on the original documents before re-entering them. The
record reflects no impropriety.

3
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

She did not move for relief from the Foreclosure Judgment under
Hawai#i Rules of Civil Procedure Rule 60(b)(3); the deadline to
do so had expired by the time U.S. Bank moved to confirm the
foreclosure sale. We decline to consider the argument in this
appeal from confirmation of the foreclosure sale. See R. Onaga,
140 Hawai#i at 368, 400 P.3d at 569.
(5) Collins makes several arguments that the Circuit
Court applied the wrong statute of limitations. They go to the
merits of the Foreclosure Judgment, which Collins cannot
challenge in this appeal from confirmation of the foreclosure
sale. R. Onaga, 140 Hawai#i at 368, 400 P.3d at 569. Even if
she could, her arguments lack merit. "The statute of limitations
for mortgage foreclosure actions is twenty years per HRS
§ 657-31." Bank of New York Mellon v. White, 156 Hawai#i 246,
250, 573 P.3d 629, 633 (2025).
(6) An order confirming a foreclosure sale is reviewed
for abuse of discretion. U.S. Bank Tr., N.A. v. Ass'n of
Apartment Owners of Waikoloa Hills, 150 Hawai#i 573, 581, 506
P.3d 869, 877 (App. 2022). Collins did not argue to the Circuit
Court, and does not argue on appeal, that the sale price was "so
grossly inadequate as to shock the conscience." HawaiiUSA Fed.
Credit Union v. Monalim, 147 Hawai#i 33, 48, 464 P.3d 821, 836
(2020). Nor does she argue that U.S. Bank "failed to exercise
reasonable diligence and good faith in an endeavor to obtain the
best possible prices consistent with such diligence and good
faith." Kondaur Cap. Corp. v. Matsuyoshi, 136 Hawai#i 227, 235,
361 P.3d 454, 462 (2015). The record does not show that the
Circuit Court abused its discretion by granting the motion to
confirm the foreclosure sale.
The Order Confirming Foreclosure Sale, the Judgment,
and the Writ of Ejectment, all entered on August 1, 2025, are
affirmed. Collins's August 11, 2025 Motion to Vacate and Set
Aside Order Confirming Foreclosure Sale, Judgment, and Writ of

4
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Ejectment, which we construe as a motion for reconsideration of
our August 1, 2025 Order for Temporary Remand, is denied.
DATED: Honolulu, Hawai#i, September 19, 2025.

On the briefs:
/s/ Karen T. Nakasone
Gabi Kim Collins, Chief Judge
Self-represented
Defendant-Appellant. /s/ Katherine G. Leonard
Associate Judge
Matthew P. Holm,
for Plaintiff-Appellee. /s/ Keith K. Hiraoka
Associate Judge

5

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
19-SEP-2025
07:56 AM
Dkt. 98 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSR
MORTGAGE LOAN TRUST 2006-3F, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-3F, Plaintiff-Appellee, v.
JEFFERSON HALONA YOUNG; LINDA D. YOUNG; BANK OF AMERICA,
N.A.; DEPARTMENT OF TAXATION - STATE OF HAWAII; PALEHUA
COMMUNITY ASSOCIATION, Defendants-Appellees,
and
GABI KIM COLLINS, Defendant-Appellant,
and
JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS
1-20; DOE ENTITIES 1-20; AND DOE GOVERNMENTAL UNITS
1-20, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1CC161001282)

SUMMARY DISPOSITION ORDER
(By: Nakasone, Chief Judge, Leonard and Hiraoka, JJ.)

Gabi Kim Collins, representing herself, appeals from
the Judgment for U.S. Bank N.A. entered by the Circuit Court of
the First Circuit on August 1, 2025.1 She challenges the Order
Confirming Foreclosure Sale and the Writ of Ejectment, also
entered on August 1, 2025. We affirm.
U.S. Bank filed a mortgage foreclosure complaint on
July 5, 2016. The mortgagors were Jefferson Halona Young and
Linda D. Young. The Youngs had quitclaimed the property to

1
The Honorable James H. Ashford presided.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Collins. A Foreclosure Judgment was entered on March 16, 2020.
Collins appealed. We affirmed. U.S. Bank N.A. v. Young,
No. CAAP-XX-XXXXXXX, 2024 WL 4249945 (Haw. App. Sept. 20, 2024)
(SDO) (Collins I), cert. rejected, No. SCWC-XX-XXXXXXX, 2025 WL
643987 (Haw. Feb. 25, 2025).
The commissioner reported on the foreclosure sale on
September 16, 2022. U.S. Bank moved to confirm the sale. On
January 17, 2023, we entered an order in Collins I temporarily
staying proceedings in the Circuit Court. The stay was extended
by order entered on March 30, 2023. The stay expired by its
terms on May 1, 2023, after Collins did not file a supersedeas
bond in the Circuit Court by that date.
On February 17, 2023 (while the case was stayed), the
Circuit Court entered an order confirming the foreclosure sale, a
judgment confirming the foreclosure sale, and a writ of
ejectment. Collins appealed. We temporarily remanded the case
for re-entry of the order, judgment, and writ. See Waikiki v.
Ho#omaka Vill. Ass'n of Apartment Owners, 140 Hawai#i 197, 204,
398 P.3d 786, 793 (2017); Hawaii Revised Statutes § 602-57(3)
(2016). The Order, Judgment, and Writ were entered on August 1,
2025.
Collins states the following points of error: (1) the
order confirming the foreclosure sale, judgment confirming the
foreclosure sale, and writ of ejectment are void because they
were entered in violation of the temporary stay; (2) newly
discovered evidence shows fraud; (3) the Circuit Court applied
the wrong statute of limitations; (4) the Circuit Court failed to
stop the imposter after new evidence exposed fraud; and (5) the
Circuit Court failed to review her constitutional challenge to
the statute of limitations. The argument section of Collins's
brief does not follow her points of error. We have attempted to
connect the arguments to the points of error; points not argued
are deemed waived. Hawai#i Rules of Appellate Procedure (HRAP)
Rule 28(b)(7). Non-jurisdictional argument not corresponding to
a point of error is disregarded. HRAP Rule 28(b)(4).

2
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

(1) Although not stated in a point of error, we must
first address Collins's argument that the Circuit Court lacked
jurisdiction over the foreclosure action. Lack of subject matter
jurisdiction can never be waived and may be raised at any time.
Yamane v. Pohlson, 111 Hawai#i 74, 83, 137 P.3d 980, 989 (2006).
Collins argues the Circuit Court lacked jurisdiction because the
six-year statute of limitations should have been applied. Her
argument lacks merit. Even if a six-year limitation period
applied,2 "the expiration of a statute of limitations does not
terminate a court's jurisdiction over the subject matter." State
v. Timoteo, 87 Hawai#i 108, 114, 952 P.2d 865, 871 (1997).
(2) The February 17, 2023 order, judgment, and writ
were entered while proceedings were stayed. The Circuit Court
cured the procedural error by entering the August 1, 2025 Order,
Judgment, and Writ on temporary remand.3 Collins's notice of
appeal is considered filed immediately thereafter. HRAP
Rule 4(a)(2).
(3) Collins challenges U.S. Bank's standing to pursue
the foreclosure action. Standing goes to the merits of the
Foreclosure Judgment. An appellant cannot challenge the merits
of a foreclosure decree on appeal from an order confirming the
foreclosure sale. Bank of New York Mellon v. R. Onaga, Inc., 140
Hawai#i 358, 368, 400 P.3d 559, 569 (2017).
(4) Collins argues U.S. Bank did not own the Youngs'
debt and defrauded the Circuit Court. She made the argument in
opposition to U.S. Bank's motion to confirm the foreclosure sale.

2
It doesn't. Bank of New York Mellon v. White, 156 Hawai#i 246,
250, 573 P.3d 629, 633 (2025) ("The statute of limitations for mortgage
foreclosure actions is twenty years per HRS § 657-31.").
3
Collins moved to strike the Order, Judgment, and Writ. She
questioned the propriety of the Circuit Court's entry of those documents the
same day as the entry of the order of temporary remand. The order of
temporary remand did not require that U.S. Bank resubmit the documents, so
Rule 23 of the Rules of the Circuit Courts of the State of Hawai#i did not
apply. The commissioner's signatures approving the form of the original order
and judgment are identical to the signatures on the re-entered Order and
Judgment. It appears the Circuit Court simply amended the date, judge's
signature, and seal on the original documents before re-entering them. The
record reflects no impropriety.

3
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

She did not move for relief from the Foreclosure Judgment under
Hawai#i Rules of Civil Procedure Rule 60(b)(3); the deadline to
do so had expired by the time U.S. Bank moved to confirm the
foreclosure sale. We decline to consider the argument in this
appeal from confirmation of the foreclosure sale. See R. Onaga,
140 Hawai#i at 368, 400 P.3d at 569.
(5) Collins makes several arguments that the Circuit
Court applied the wrong statute of limitations. They go to the
merits of the Foreclosure Judgment, which Collins cannot
challenge in this appeal from confirmation of the foreclosure
sale. R. Onaga, 140 Hawai#i at 368, 400 P.3d at 569. Even if
she could, her arguments lack merit. "The statute of limitations
for mortgage foreclosure actions is twenty years per HRS
§ 657-31." Bank of New York Mellon v. White, 156 Hawai#i 246,
250, 573 P.3d 629, 633 (2025).
(6) An order confirming a foreclosure sale is reviewed
for abuse of discretion. U.S. Bank Tr., N.A. v. Ass'n of
Apartment Owners of Waikoloa Hills, 150 Hawai#i 573, 581, 506
P.3d 869, 877 (App. 2022). Collins did not argue to the Circuit
Court, and does not argue on appeal, that the sale price was "so
grossly inadequate as to shock the conscience." HawaiiUSA Fed.
Credit Union v. Monalim, 147 Hawai#i 33, 48, 464 P.3d 821, 836
(2020). Nor does she argue that U.S. Bank "failed to exercise
reasonable diligence and good faith in an endeavor to obtain the
best possible prices consistent with such diligence and good
faith." Kondaur Cap. Corp. v. Matsuyoshi, 136 Hawai#i 227, 235,
361 P.3d 454, 462 (2015). The record does not show that the
Circuit Court abused its discretion by granting the motion to
confirm the foreclosure sale.
The Order Confirming Foreclosure Sale, the Judgment,
and the Writ of Ejectment, all entered on August 1, 2025, are
affirmed. Collins's August 11, 2025 Motion to Vacate and Set
Aside Order Confirming Foreclosure Sale, Judgment, and Writ of

4
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Ejectment, which we construe as a motion for reconsideration of
our August 1, 2025 Order for Temporary Remand, is denied.
DATED: Honolulu, Hawai#i, September 19, 2025.

On the briefs:
/s/ Karen T. Nakasone
Gabi Kim Collins, Chief Judge
Self-represented
Defendant-Appellant. /s/ Katherine G. Leonard
Associate Judge
Matthew P. Holm,
for Plaintiff-Appellee. /s/ Keith K. Hiraoka
Associate Judge

5