The Hawaii Supreme Court has accepted a writ of certiorari in a foreclosure dispute involving three sisters fighting to save their property from a mortgage trust, according to a Feb. 5 order from the state's highest court.
The case involves Brooke Juliet Carlina Riopta, Amber Megan Riopta, and Casie Ann Riopta, who are challenging a foreclosure action brought by Wilmington Savings Fund Society, FSB, doing business as Christiana Trust. The bank is acting solely as trustee for Pretium Mortgage Acquisition Trust, not in its individual capacity.
The sisters filed their application for writ of certiorari on Dec. 12, 2025, seeking review of decisions by the Intermediate Court of Appeals. The Hawaii Supreme Court's acceptance of the case means the state's highest court will examine legal questions that arose during the foreclosure proceedings.
According to the court order, Acting Chief Justice Sabrina McKenna and Justices Todd Eddins, Lisa Ginoza, Vladimir Devens, and Circuit Judge Kevin Souza, who was assigned due to a vacancy, will hear the case. The court indicated it will decide the matter without oral arguments, though parties have 10 days under Hawaii Rules of Appellate Procedure Rule 34(c) to request retention of oral argument.
The underlying case originated in Kauai County, where the foreclosure action began under case number 5CC111000358. The matter then proceeded through the Intermediate Court of Appeals before reaching the Supreme Court through the certiorari process.
Foreclosure cases involving mortgage trusts have become increasingly common in Hawaii and across the nation following the 2008 financial crisis. These cases often involve complex questions about standing, notice requirements, and the proper documentation needed to foreclose on properties.
Wilmington Savings Fund Society frequently appears in foreclosure cases as a trustee for various mortgage trusts. The entity serves as a neutral party holding legal title to mortgages on behalf of investors who purchased mortgage-backed securities. When borrowers default, trustees like Wilmington initiate foreclosure proceedings to recover the debt for trust beneficiaries.
The involvement of three family members as defendants suggests the property may be jointly owned or that multiple parties have interests in the real estate. Family ownership structures can complicate foreclosure proceedings, particularly when questions arise about proper notice to all interested parties or the validity of the original mortgage documentation.
The Riopta sisters' successful petition for certiorari indicates their case presents legal issues the Hawaii Supreme Court considers worthy of review. The state's highest court typically accepts only cases that involve important questions of law, conflicts between lower courts, or matters of significant public interest.
Certiorari review is discretionary, meaning the court chooses which cases to hear based on their legal significance rather than merely correcting errors in individual cases. The fact that the court accepted this foreclosure case suggests it may address broader legal principles that could affect similar disputes statewide.
The case also involves the County of Kauai Wastewater Management as a defendant-appellee, indicating potential municipal liens or other government interests in the property. Municipal involvement often relates to unpaid utility bills, property taxes, or code violations that create additional complications in foreclosure proceedings.
Hawaii's foreclosure laws require specific procedural steps to protect homeowners, including proper notice requirements and opportunities for borrowers to cure defaults. Courts must carefully examine whether lenders and their trustees have followed all required procedures before ordering foreclosure sales.
The Supreme Court's decision to forgo oral arguments suggests the justices believe they can adequately decide the case based on written briefs and the lower court record. This approach is common in cases where the legal issues are primarily matters of law rather than disputes over factual circumstances.
The case number SCWC-XX-XXXXXXX indicates this is a certiorari matter before the Hawaii Supreme Court, with the redacted numbers likely protecting privacy while the case remains under consideration. The electronic filing timestamp shows the order was processed at 11:11 a.m. on Feb. 5, 2026.
As the case proceeds, the Riopta sisters and their legal representatives will have opportunities to present arguments about why the lower courts erred in their foreclosure rulings. Wilmington Savings Fund Society will defend the Intermediate Court of Appeals' decisions and argue that the foreclosure should proceed.
The outcome could establish important precedent for future foreclosure cases in Hawaii, particularly those involving mortgage trusts and complex ownership structures. The Supreme Court's ruling will provide guidance to lower courts handling similar disputes and may clarify homeowners' rights in foreclosure proceedings.
The case represents the ongoing legal battles many Hawaii families face as they attempt to keep their homes amid financial difficulties and complex mortgage arrangements that originated during the housing boom years.