U.S. Bank National Association v. Goodwin

── U.S. Bank National Association v. Goodwin ── Court: Hawaii Intermediate Court of Appeals Date: May 22, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 22-MAY-2026 08:22 AM Dkt. 50 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI‘I U.S. BANK NATIONAL ASSOCIATION, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO LA SALLE BANK, NA AS TRUSTEE FOR WASHINGTON MUTUAL MORTGAGE PASS-THROUGH CERTIFICATES WMALT SERIES 2006-AR6 TRUST, Plaintiff-Appellee, v. DAVID D. GOODWIN, Defendant-Appellant, and E*TRADE BANK; UNITED STATES OF AMERICA; ASSOCIATION OF UNIT OWNERS OF 54-300 AND 54-302 HAUULA, Defendants-Appellees, and JOHN AND MARY DOES 1-20; DOE PARTNERSHIPS, CORPORATIONS OR OTHER ENTITIES 1-20, Defendants APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CC171001561) SUMMARY DISPOSITION ORDER (By: Leonard, Presiding Judge, Hiraoka and Guidry, JJ.) This is a judicial foreclosure case. Defendant- Appellant David D. Goodwin (Goodwin) appeals from the July 29, 2024 "Findings of Fact [(FOFs)]; Conclusions of Law [(COLs)]; Order Entering Foreclosure Decree" (Foreclosure Order), and the  NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER August 12, 2024 "Judgment," both entered by the Circuit Court of the First Circuit (circuit court). 1 Goodwin owned real estate in Honolulu (Property). In April 2006, Goodwin executed a promissory note (Note) in favor of lender National City Bank of Indiana. The Note is indorsed in blank. Goodwin secured the Note with a mortgage on the Property (Mortgage), executed in favor of National City Mortgage (NCM), a division of National City Bank of Indiana. The Mortgage encumbers the fee simple interest in the Property. Plaintiff-Appellee U.S. Bank National Association, Successor Trustee to Bank of America, National Association, Successor by Merger to La Salle Bank NA, as Trustee, for Washington Mutual Mortgage Pass-Through Certificates WMALT Series 2006-AR6 Trust's (U.S. Bank), through its loan servicer Select Portfolio Servicing, Inc. (SPS), currently has possession of the Note. On September 25, 2017, U.S. Bank filed its Complaint in the underlying foreclosure action. Goodwin asserts three points of error on appeal, contending that the circuit court erred by: (1) "den[ying] . . . Goodwin's Motion to Restrict Evidence of [U.S. Bank's] Possession of Note to December 3, 2008"; (2) making FOFs 9 1 The Honorable Lisa W. Cataldo presided. 2  NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER through 12 and 16 through 19; 2 and (3) making COLs 7, 8, 15, 17, 18, 19, and 21. 3 2 FOFs 9 through 12, and 16 through 19, state, 9. [U.S. Bank] called Patrick Pittman [(Pittman)] as the only trial witness. Pittman has worked for [SPS] for approximately 22 years, and holds the position of Litigation Director. One of his responsibilities is as a "document control officer." [Pittman] testified that he has access to the records and files kept and maintained by SPS, and he is familiar with SPS's business recordkeeping practices as a result of the training he has had and his 22-year tenure at SPS. Among other things, Pittman