Knoxville 2012 Trust v. Alegado

Summary

The Intermediate Court of Appeals of Hawaiʻi affirmed a circuit court judgment granting Knoxville 2012 Trust summary judgment and an interlocutory decree of foreclosure. The court held that Knoxville established the existence of the original promissory note, while the opposing party's declarations and copies of the note were inadmissible or insufficient to create a genuine issue of material fact.

Holdings

1. A foreclosing mortgagee must prove the existence of the note evidencing the mortgagor's debt, and Knoxville satisfied that burden by producing the original Note at the summary-judgment hearing.
2. The Eggert Declaration and attached Affidavit of Lost Note were inadmissible to prove the truth of the matters asserted and therefore could not create a genuine issue of material fact concerning the validity of the original Note.
3. The circuit court did not err by declining to consider the Eggert Affidavit because, in substance, it was a deposition upon written questions taken after the discovery deadline without leave of court.
4. After Knoxville established the Note's existence, Opaehuna failed to offer competent, admissible evidence demonstrating specific facts that created a genuine issue of material fact; summary judgment was therefore proper.

Questions Presented

1. Whether Knoxville established the existence of the promissory Note evidencing the mortgagors' debt, as required to foreclose.
2. Whether Opaehuna presented competent, admissible evidence creating a genuine issue of material fact concerning the validity of the original Note or the allonges.
3. Whether the circuit court properly declined to consider the Eggert Affidavit as an untimely deposition upon written questions.
4. Whether the circuit court properly granted summary judgment and entered the Final Judgment of foreclosure.

Disposition

affirmed