U.S. BANK TRUST, N.A. v. VERHAGEN

SCWC-17-0000746.

489 P.3d 419 (2021)

U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST, Petitioner/Plaintiff-Appellee, v. Patrick Lowell VERHAGEN; Patrick Lowell Verhagen, Trustee of the Patrick Lowell Verhagen Revocable Trust Dated October 29, 1999 Respondent/Defendant-Appellant, and Wells Fargo Bank, N.A., Respondent/Defendant-Appellee.

Supreme Court of Hawai`i.

AS AMENDED July 6, 2021.


Attorney(s) appearing for the Case

Paul Alston , Honolulu, ( David B. Rosen , Honolulu, David E. McAllister , Justin S. Moyer , and Madisson L. Heinze , Honolulu, on the briefs) for petitioner.

Keith M. Kiuchi , Honolulu, for respondent.

Patricia J. McHenry , Honolulu, for Amicus Curiae Federal Housing Finance Agency.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, WILSON, AND EDDINS, JJ.


This case concerns the admissibility and evidentiary weight of documents and declarations at issue in a foreclosure proceeding. We consider: whether promissory notes are hearsay, admissible only if they fall within an exception to the hearsay rule; whether a copy of a promissory note is self-authenticating under...

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