U.S. Bank Trust, N.A. v. Verhagen
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In this case concerning the admissibility and evidentiary weight of documents and declarations in a foreclosure proceeding the Supreme Court affirmed the amended judgment and order of the circuit court granting Plaintiff's motion for summary judgment and for interlocutory decree of foreclosure, holding that promissory notes are not hearsay.
Plaintiff, U.S. Bank, brought this foreclosure action. The circuit court granted Plaintiff's motion for summary judgment, but the intermediate court of appeals (ICA) remanded the case. At issue on remand was whether U.S. Bank possessed the promissory note when it filed its complaint. The circuit court concluded that U.S. Bank possessed the promissory note at the time it brought suit. The ICA vacated the circuit court's judgment, concluding that U.S. Bank lacked standing because it had not established it possessed the promissory note at the time it filed the foreclosure action. The Supreme Court vacated the ICA's judgment and affirmed the judgment of the circuit court, holding (1) promissory notes are not hearsay; (2) copies of promissory notes are not self-authenticating under Haw. R. Evid. 902(9); (3) under the incorporated records doctrine, business records may be admissible even absent testimony concerning the business practices or records of their creator; and (4) U.S. Bank was entitled to summary judgment.
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