DEUTSCHE BANK NATIONAL TRUST COMPANY AMERICAS AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF SAXON ASSET SECURITIES TRUST 2005-1 MORTGAGE LOAN ASSET BACKED NOTES, SERIES 2005-1, Respondent/Plaintiff-Appellee, vs. YUN RU,  Petitioner/Defendant-Appellant, KAOHE RANCH SUBDIVISION HOMEOWNERS’ ASSOCIATION, KAOHE RANCH ROAD MAINTENANCE CORPORATION, MORDEHAI ASAF AND LIORA ASAF, TRUSTEES OF THE ASAF FAMILY TRUST, DATED JUNE 1, 2015, Defendants-Appellees.

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The above-captioned case has been set for oral argument on the merits at:

Supreme Court Courtroom
Ali‘iōlani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813

The oral argument will also be live streamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts and ‘Ōlelo at olelo.org/tv-schedule/.

Attorney for Petitioner/Defendant-Appellant YUN RU:
    Frederick J. Arensmeyer of The Law Office of Frederick J. Arensmeyer

Attorneys for Respondent/Plaintiff-Appellee DEUTSCHE BANK NATIONAL TRUST COMPANY AMERICAS AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF SAXON ASSET SECURITIES TRUST 2005-1 MORTGAGE LOAN ASSET BACKED NOTES, SERIES 2005-1:
    Zachary K. Kondo and Mary Martin of Pulice Nervell

NOTE: Order assigning Circuit Judge Kevin A.K. Souza due to a vacancy, filed 03/10/26.

NOTE: Order accepting Application for Writ of Certiorari, filed 03/24/26.

COURT: Devens, C.J., McKenna, Eddins, and Ginoza, JJ. and Circuit Judge Souza assigned by reason of vacancy.

Brief Description:

In this foreclosure case, Respondent/Plaintiff Deutsche Bank National Trust Company Americas as Indenture Trustee for the Registered Holders of Saxon Asset Securities Trust 2005-1 Mortgage Loan Asset Backed Notes, Series 2005-1 (Deutsche Bank) obtained a foreclosure judgment and confirmation judgment against Petitioner/Defendant Yun Ru (Ru), in part based on Ru’s default in responding to the complaint.

Under Hawai‘i Rules of Civil Procedure (HRCP) Rules 55(c) and 60(b)(6), Ru subsequently moved to set aside the Circuit Court of the Third Circuit’s (Circuit Court) default judgment and foreclosure judgment, as well as the confirmation judgment.  The Circuit Court denied Ru’s motion.

     Ru appealed and the Intermediate Court of Appeals (ICA) affirmed the Circuit Court.

     On certiorari, Ru raises the following questions:

1. Whether the ICA gravely erred by concluding HRCP Rule 60(b)(6)’s “exceptional circumstances” test does not apply to a motion for relief from a default judgment, and instead, the three-prong test for setting aside default judgments exclusively applies.
2. Whether the ICA gravely erred in holding that the default entered by the Circuit Court clerk resulted from inexcusable neglect or wilful acts under the circumstances of this case.