Long before the sheriff process begins, the owner knows what is going on with their lands. This knowledge indicates what stage of distress we are in and what we need to do to start preparing right away. Let's not get stressed and shame, then try to get help the last minute. That stresses the whole lahui out and makes people not want to help anymore. Plus, you won't be prepared to win or get help, because no matter what you do, it costs and waiting until the last minute usually means you also won't be prepared for the cost. Others in the community might be smart, but they aren't usually smart, rich and willing to drop their family at the drop of a dime - just because you waited until the last minute. Remember, they didn't do this to you but are willing to help you, if you are willing to be a part of your own solution. You must be a part of your own solution, not a part of your own problem.
Rather than get all shame and procrastinate getting help, start right away! What can you do?
1. You can start by gathering all of your palapala and putting it order by date. Put the oldest stuff on the bottom and the newest stuff on top. This will make it easier to understand what is going on with your case. This is one of the most important steps in any case. Don't expect people to help you if they don't know what is going on. It usually won't happen that way.
2. Once you gather your palapala, start to save for filing. It doesn't matter if you are only saving change to get that savings started. Photocopies, notary and filing cost per page. You will also need to obtain copies of your genealogy.
3. Do your genealogy. This is one of the three most important parts of fighting for your land. Having this on hand is one of the single most important things you can do for your descendants. We cannot stress this enough.
4. Request all maps related to your lands from the Bureau of Conveyance, as well as any other documentation you will need to file. If you cannot afford filing, hold a plate lunch fundraiser and make the money. That is your kuleana, not anybody else's. It's your land.
5. Begin to look for a person to help you. Don't think a person knows what they're doing just because they had an Aunty on another island who went through this already. Look for the names of people who have succeeded themselves already. Look for the names of those who do this kind of work. Go to your local Aha Moku meeting. You will find resources there.
6. Depending on your situation, the rest of your prep can vary, but we're only talking about Kuleana Lands, so if you are simply fighting a foreclosure, you will have to talk to your counsel.
7. If you are already on your own lineal lands, gather your TMK numbers & your genealogy and go down to the Real Property Tax Office. Ask for one Kuleana Tax Paper. Be warned: Plenty of times I have gone down there to ask for one and the clerk had no clue what I was talking about. Do not be discouraged. Just tell them to ask a peer for help, because Kuleana Papers have ALWAYS existed and always will. That tax program is in perpetuity, meaning forever.
8. Don't leave the office yet!! Go to wherever you can write and fill out the one page Kuleana Form. It only takes minutes. Take it back to the clerk and make sure the knowledgeable clerk is there. Might want to have someone there to record this part until the end of your transaction. It will help you in the future, should you need that point of reference, and should you choose to share it with others, it will be an invaluable source of direction for many.
9. Sometimes, you will still have to negotiate the back taxes, depending on your case. Yes, we all know the system is corrupt, but this was only allowed to happen because your land was not properly registered as Kuleana to begin with. Don't blame others, just be thankful that from this part forward, you won't have to pay taxes. Make the arrangement and apply for help or make fundraiser again, to pay off the old debt. Maybe, if you have that kind of support, you can crowd fund within your family.
10. Even if your lands are not in danger of being lost yet, and your kupuna is paying taxes, please just go file now. It will save your family hundreds of thousands of dollars and more, in the long run.
11. It is illegal for you to borrow money or get an equity loan against your land. If you need money, lease out your land for organic farm use with restrictions, but don't jeopardize your land. If you need welfare, then feel free to transfer your land to another family member or something. Let it hereby be known that once lands are adjudicated upon in one country, it is illegal for America to come through and make a ruling on that very same land today. They cannot make a judgment upon that land. However, if you are gambling with your land in the name of getting money, which gets spent and is gone in one whop, please don't expect people to help you get that land back. Your land is invaluable and can be used in many ways to make money. Losing your land for money is ludicrous. Money burns and is gone after that.
12. If you owe on the mortgage of your house, kindly return the house to the bank, but they cannot take your land. This is where you would need the most legal help and to decide if you are fighting the case as one Kanaka Maoli or as one Hawaiian-American. Both avenues have their advantages and both have their setbacks. Please seek advice and be sure to have ALL of your palapala ready.
So these are the reasons that you should start sooner, rather than later. Certain parts of this can be time consuming, and to expect someone to drop their family and life to protect your assets is a lot to ask. Actually, if you think someone should do this for you for free, that is asking way too much. Please don't put another family in a hardship situation over your personal problems. That's just wrong. Prepare yourself immediately and ask for help ahead of time.
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