The Coelho Lane home where a violent encounter last week ended with police fatally shooting an unarmed burglary suspect, was purchased by controversial Honolulu foreclosure attorney Gary Victor Dubin and an associated Nevada company in 2007, according to a lawsuit filed April 1 by HSBC Bank USA seeking to foreclose on the mortgage.
According to documents filed in the case, Dubin borrowed $2,000,000 on June 14, 2007 secured by the property at 91 Coelho Way. The note, a copy of which is attached to the lawsuit, was signed by Dubin for himself personally, and as manager for Greentree Properties, LLC, a Nevada limited liability corporation.
Other defendants named in the lawsuit because they may claim an interest in the property are Gregg Kamm, Trustee Of The Greg Kamm 401(K) Profit Sharing Plan Effective January 1, 2013; James H. Hall; and Pamalu Roofing & Raingutters, Inc.
The lawsuit alleges Dubin and Greentree were notified in March 2019 that they were behind in their payments and in default on the loan, and were provided 33 days to cure the default. The amount past due and owed at that time was $244,950.97, according to a collection letter of that date filed in court. The bank also provided notice that failure to make the required payment could result in the bank choosing “to accelerate the entire balance outstanding under the terms of the Note and Mortgage.”
The Mortgage provides that in the event of foreclosure, Plaintiff may be awarded all expenses incurred in pursuing this remedy, including reasonable attorneys’ fees and costs, expenses or advances made necessary or advisable or sustained by Plaintiff because of default or in order to protect the security of the Mortgage. As of February 17, 2021, the total due and owing excluding outstanding legal fees and costs under the Note is $2,024,720.01. In addition, per diem interest in the amount of $330.0629 will continue to accrue on the principal from February 17, 2021, along with other additional fees, costs, and advances and legal fees and costs.
Peter Boylan reported in today’s Honolulu Star-Advertiser that the property “has been the focus of repeated complaints and unsuccessful government investigations that it was operating as an illegal vacation rental.” [See “Site of fatal shooting in Nuuanu has been subject of repeat complaints.”]
In 2019 and 2020 the city Department of Planning and Permitting investigated seven complaints that 91 Coelho Way was being used as an illegal short-term rental. Rentals of fewer than 30 days are not allowed at the property, said DPP spokesman Curtis Lum.
After the Hawaii Supreme Court issued its order of disbarment against Dubin which became effective November 9, 2020, Dubin sought to appeal to the U.S. Supreme Court, temporarily halting “reciprocal discipline” proceedings in Honolulu’s federal court and the 9th Circuit Court of Appeals. The U.S. Supreme Court issued an order on April 5 declining to hear the case.
Federal Judge Jill Otake then issued an order on April 14 lifting the stay and allowing the disciplinary case to move forward in the Hawaii court. The 9th Circuit court has been notified but has not taken additional action yet, according to the case information available online.
See: “U.S. Supreme Court rejects Dubin appeal,” iLind.net, April 19, 2021.
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“. . . and an associated Nevada company in 2007 . . . ” Some businesses will incorporate or organize in Nevada in an attempt to save state income taxes. When the business derives income from property in Hawaii, however, that income is subject to tax in Hawaii. I wonder if this company is filing income tax and GET returns here.
In addition, how does a $244,950.97 debt from 2019 grow to over $2 million in about two years? Or is that a typo?
As I read the lawsuit, failure to pay off the $244K shortage after receipt of the demand letter then triggered the accelerated request for immediate payment of all principal, interest, attorneys fees and costs.
DPP’s enforcement of illegal vacation rentals has been a shibai in the past. I wonder if they have cited any illegal operators under their new enforcement?
We all should be supporting Councilman Waters’ Bill 17 expanding private right of action against illegal vacation offenders, allowing the City to place ‘Administrative Liens’ on all property the offending party owns, and compelling the DPP to add fines to many categories of fees such as vehicle registration, driver’s license fees, etc.
Not sure we want to give more punative authority to gvmnt, seeing how “political” (power to influencers) it is.
The hysterical 911 call and the unusual behavior of the victim leaves a lot to question.
Yes, it will be very interesting to find out more about her and other occupants of the house. At this point, we can’t assume they were residents of the house.
At this point, the possibility that the person who called the police wasn’t another Amy Cooper shouldn’t be dismissed.
No one has mentioned the name of the woman who called. She was a short-term tenant. Her name is Sabine.
Nice work, Ian.
Wow, that’s a real scoop! The plot thickens!
Certainly much more informative than the lost-in-the-woods Star-Advertiser account padded with very old and irrelevant details like “The ownership of the white, 7,430-square-foot home that sits on 20,457 square feet of land began in July 1983 when Honbushin Honbu bought the property for $385,000, according to the state Bureau of Conveyances. Honbushin refers to a splinter sect of the Shinto religion founded by Onishi Tama in 1961, and “honbu” means school or practice hall.”
That tangled mess was full of arcane stuff about past owners but never answered the obvious question: Who owns the place now? Instead, after all that, the very last sentence just reported that “A private owner took control of the deed in 2018 and could not be reached for comment.” That’s so weird. Maybe they’re saving the big story for tomorrow.
This is public information that you could retrieve if you so choose at honolulupropertytax.com.
Curiouser and curiouser.
Nothing about this whole affair is as it initially seemed on the surface…. I’ll be watching for the next installment since you seem to be the only real investigative reporter in this matter. As always, nice work Ian!
Dubin’s manager at 91 Coelho, James H Hall, tried to steal a Hawaii Kai house from the children of a man who committed suicide. Dubin was Hall’s shyster in that case.
https://casetext.com/case/estate-of-thornton-v-yee-1
THANK YOU! I wanted someone to discuss the site, the property has been used as collateral in schemes and has a history of lawyers and characters associated with it but I didnt want to unintentionally victim shame. Very interesting stuff comes up when you google the address and the names associated with it.
Background James H Hall
Louisiana 2010-12:
http://www.opcso.org/index.php?option=com_wrapper&view=wrapper&Itemid=738
use Hall, James, H, White, Male, for the search
Should come up to Case # 761693 click on that and brings you to the court section
click on any of those and it brings you to the docket history
Hall found ‘not guilty’ on four counts of ‘misapplication of payment’ related to contracting work in NOLA after Katrina
Wisconsin 2007-10:
If you go to this link and search using his name and birthdate, 9/14/1969, you will find lots of civil cases!
https://wcca.wicourts.gov/case.html
Anything with Hall Development and Construction at this address 3310 Mid Valley Drive, De Pere, WI 54115, or former home address W2418 County Highway KK, Appleton WI 54915.
There are other James Hall’s but his range from about 2007 to 2010 when their house was finally foreclosed on. Lots of judgements against him that have never been satisfied.
I’m interested to see how it sold numerous times in the last 7 years for $1000 If its currently owned by the bank?
I’m also interested in why did James hall send an eviction notice to Jeffrey Dunster and his family to leave the place since he is the last known owner/purchaser of the deed?
Furthermore all of these players are all sleeping in the same bed with Jeffrey as he acquired this parcel from a dead guy.
HPD released the audio of the 911 call today. The female caller at the 1:18 mark on the tape says, “I don’t know if he knows our owner or not.”
Maybe she thought he was a Dubin client looking for revenge.