U.S. Bank National Association v. Thede

── U.S. Bank National Association v. Thede ── Court: Hawaii Intermediate Court of Appeals Date: April 30, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 30-APR-2026 07:51 AM Dkt. 52 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I U.S. BANK NATIONAL ASSOCIATION, a National Banking Association as Trustee for SARM 05-19XS, Plaintiff-Appellee, v. DYLAN THEDE, Defendant-Appellant, and ASSOCIATION OF APARTMENT OWNERS OF VILLAS ON THE PRINCE; PRINCEVILLE II COMMUNITY ASSOCIATION; MEB LOAN TRUST II; U.S. BANK NATIONAL ASSOCIATION, not in its Individual Capacity but Solely as Trustee; BANK OF AMERICA, N.A., Defendants-Appellees and JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; and DOE GOVERNMENTAL UNITS 1-50, Defendants APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CASE NO. 5CC121000114) SUMMARY DISPOSITION ORDER (By: Nakasone, Chief Judge, Hiraoka and Wadsworth, JJ.) Dylan Thede appeals from the August 29, 2024 Judgment for U.S. Bank NA entered by the Circuit Court of the Fifth Circuit.1 We affirm. Bank sued Thede to foreclose a mortgage. The circuit court granted Bank's motion for summary judgment and decree of foreclosure. Thede appealed. We vacated and remanded, holding that Bank did not establish standing to foreclose. U.S. Bank v. Thede, No. CAAP-XX-XXXXXXX, 2020 WL 1686161 (Haw. App. April 6, 2020) (SDO). 1 The Honorable Randal G.B. Valenciano presided.  NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Bank amended its complaint on June 1, 2023. It again moved for summary judgment and a decree of foreclosure. The circuit court granted the motion and entered the Judgment. Thede appeals. We review a circuit court's grant of summary judgment de novo. Wells Fargo Bank v. Behrendt, 142 Hawai#i 37, 41, 414 P.3d 89, 93 (2018). (1) Thede argues the circuit court "erred in holding that the applicable date for determining whether US Bank and its predecessor had possession of the note was the date of the first amended complaint . . . rather than the date the original complaint was filed[.]" A "foreclosing plaintiff must establish its standing to bring a lawsuit at the commencement of the proceeding[.]" U.S. Bank Trust v. Verhagen, 149 Hawai#i 315, 327, 489 P.3d 419, 431 (2021). Thede argues that even though Bank filed an amended complaint, it still had to prove it was a holder of Thede's note when the original complaint was filed. The argument lacks merit. An amended complaint supercedes the original complaint, which then has no legal effect. Beneficial Haw., Inc. v. Casey, 98 Hawai#i 159, 167, 45 P.3d 359, 367 (2002). Thede does not argue that Bank didn't show it was a holder of his note when its amended complaint was filed. The circuit court did not err by concluding that Bank had standing to foreclose. U.S. Bank v. Swink, No. CAAP-XX-XXXXXXX, 2025 WL 2093151, at *2 (Haw. App. July 25, 2025) (SDO), cert. granted, SCWC-XX-XXXXXXX, 2025 WL 3488334 (Haw. Dec. 4, 2025). (2) Thede argues Bank's incorporated records were inadmissible because Bank didn't establish they were trustworthy. Bank's incorporated records were authenticated by Maria Ayala's declaration. Ayala was employed by Bank's attorney in fact, Nationstar. She stated: The information regarding the Loan transferred