Informs judges that foreclosure proceedings appear to be in violation of Article 46 of the Hague Convention, IV and Article 47 of the 1949 Geneva Convention, IV

Council member Ruggles released a letter today that she says she sent to all Hawai‘i Circuit Court judges meant to advocate on behalf of protected persons in foreclosure proceedings.

Ruggles says “Article 46 of the Hague Convention IV provides that ‘Private property cannot be confiscated,” and article 47 of the Geneva Convention IV provides, “Pillage is formally forbidden.”

Ruggles referred to the United Nations Human Rights Independent Expert, Dr. Alfred deZaya’s memorandum that had been sent to Hawaii State Judges in February of this year that stated, “The State of Hawaii courts should not lend themselves to a flagrant violation of the rights of the land title holders and in consequence of pertinent international norms. Therefore, the courts of the State of Hawaii must not enable or collude in the wrongful taking of private lands, bearing in mind that the right to property is recognized not only in U.S. law but also in Article 17 of the Universal Declaration of Human Rights…”

Ruggles wrote that “The ‘wrongful taking of private lands’ by lenders, through the circuit courts of the State of Hawai‘i under foreclosure proceedings, appears to be the war crime of pillaging and that the courts appear to be complicit in a war crime by enabling and colluding ‘in the wrongful taking of private lands.’

Before lenders loan money they require the borrower to mortgage their real estate as collateral to secure the repayment of the loan. In order for the lender to accept the mortgaged property as collateral, the lender requires the borrower to also purchase a loan title insurance policy for the protection of the lender. The title insurance covers the full debt owed under the promissory note.

“As an agent for the United States I am bound ‘to ensure respect for the Convention in all circumstances,’ and, therefore, call upon you to cease and desist ‘in the wrongful taking of private lands’ from protected persons that are under foreclosure,” Ruggles wrote, “the lender is protected under the loan title insurance policy that was purchased by the borrower as a condition of the loan. As such, there is no reason to have any foreclosure proceedings in the first place…”

Ruggles finished the letter by stating, “This letter serves as knowledge and ‘awareness of the factual circumstances that established the existence of an armed conflict’ between the Hawaiian Kingdom and the United States, the application of the HCIV and GCIV, and the protection afforded to protected persons.”

Ruggles sent the letters via certified mail and that she’s verified every judge across the islands received her letter on the Big Island and Oahu on September 25th, Kauai on September 26th, and Maui on September 27th.

Council member Ruggles will be holding a town hall on October 15th at 6pm at the Kea‘au Community Center to discuss this letter, among others that she is working on.