U.S. Bank Trust, N.A. v. Verhagen. ICA s.d.o., filed 07/20/2020, 148 Haw. 44. Motion for Reconsideration, filed…

Summary

The court held that a promissory note is a contractual document with independent legal significance and therefore is not hearsay, although a duplicate note is not self-authenticating and must be authenticated by extrinsic evidence. It further held that Caliber employees properly authenticated the note copies and established the admissibility of incorporated records through testimony concerning Caliber's incorporation, reliance, and vetting of prior-servicer records. The combined evidence established that U.S. Bank possessed the indorsed-in-blank note when it filed suit, giving it standing and entitling it to summary judgment and foreclosure. No separate opinions were filed.