A Hawaiian sovereignty advocate who has questioned the legitimacy of land titles in the state was removed from his home last week after ignoring an eviction notice.
Kale Gumapac, CEO of Laulima Title Search and Claims, was arrested Thursday morning and charged with second-degree trespassing.
He had refused to leave after receiving an eviction notice in August after his Hawaiian Paradise Park home was foreclosed.
Gumapac said his arrest and removal constitutes a “war crime” since he believes jurisdiction over the land still rightfully belongs to the Hawaiian Kingdom.
The issue of Hawaiian sovereignty also prompted him to stop making his mortgage payments about three years ago after discovering what he says is a defect in the title of his land and all others in Hawaii.
“The defect is that the notary that has been signed on my title is wrong,” Gumapac said. “… because the Kingdom of Hawaii is actually supposed to hold title.”
He said he raised the issue then with his lender, Deutsche Bank, saying that it was their responsibility to then file a claim with the title insurance company.
Gumapac said he stopped making his payments to encourage it to do so, noting that title insurance payments would still be made if he continued paying.
His argument has caught on with others.
Gumapac, whose company advises home owners how to make such arguments in court, said about five or six others have been evicted after staking the same position. Another in HPP, he said, has been given an eviction notice.
It’s a bold move for those who are willing to risk their homes to raise the issue of sovereignty.
But Gumapac said he and the others who have been evicted don’t plan to back down, adding they are taking the issue to the International Criminal Court.
“The evidence we are submitting is irrefutable,” he said.
A defective title would require the title insurance companies to pay the rest of the mortgage, Gumapac said.
But he said it’s not about getting out of the mortgage or breaking contractual arrangements between home buyers and their lenders. Rather, he says he is trying to properly honor them.
“The bank is breaching the contract,” Gumapac said.
“I didn’t breach the contract. I’m following the terms of the contract.”
When asked what he hopes his case leads to, his answer is simple: “Restoration of the Hawaiian Kingdom.”
Email Tom Callis at tcallis@hawaiitribune-herald.com.