US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP. CSMC MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-6, Respondent/Plaintiff-Appellee, vs. BONNIE I. SWINK and JACK SWINK, Petitioners/Defendants-Appellants, and DEPARTMENT OF TAXATION, STATE OF HAWAI‘I, Respondent/Defendant-Appellee.

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The above-captioned case has been set for oral argument on the merits at:

Supreme Court Courtroom
Ali‘iōlani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813

The oral argument will also be live streamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts.

Attorney for Petitioners BONNIE I. SWINK and JACK SWINK:
     Keith M. Kiuchi

Attorneys for Respondents US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP. CSMC MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-6:
     Charles R. Prather, Robin Miller, Sun Young Park, and Peter T. Stone of TMLF Hawaii LLLC

NOTE: Order assigning Circuit Judge Wendy M. DeWeese, due to a vacancy, filed 11/24/25.

NOTE: Order accepting Application for Writ of Certiorari, filed 12/04/25.

NOTE: Order granting motion to continue oral argument from 01/20/26 to 03/06/26 at 9:00 a.m., filed 12/18/25.

NOTE: Order granting motion to continue oral argument from 03/06/26 to 04/02/26 at 9:00 a.m., filed 12/29/25.

COURT: McKenna, Acting C.J., Eddins, Ginoza, and Devens, JJ., and Circuit Judge DeWeese, assigned by reason of vacancy.

Brief Description:
This is the second appeal in this case, in which Petitioners/Defendants Bonnie and Jack Swink (the Swinks) challenge a foreclosure decree and judgment granted in favor of Respondent/Plaintiff US Bank National Association, as Trustee for Credit Suisse First Boston Mortgage Securities Corporation CSMC Mortgage-Backed Pass Through Certificates, Series 2007-6 (US Bank). In the first appeal, the Intermediate Court of Appeals (ICA) vacated the Circuit Court of the Second Circuit’s (Circuit Court) foreclosure decree and judgment, determining there was no admissible evidence that US Bank was in possession of the original, blank-endorsed note at the time US Bank filed its complaint on December 9, 2014.

On remand, US Bank filed an amended complaint and a declaration stating it possessed the note at the time it filed the amended complaint on September 8, 2021. The Circuit Court thereafter granted summary judgment in favor of US Bank, permitting US Bank to foreclose on the Swinks’ property, by concluding that US Bank was the holder of the note at the time it filed the amended complaint. The ICA affirmed based on Hanalei, BRC Inc. v. Porter, 7 Haw. App. 304, 760 P.2d 676 (App. 1988), an action for nonpayment of a note where the plaintiff cured the error of a premature filing of the original complaint by filing an amended complaint after obtaining possession of the note.

The central issue is whether a foreclosing plaintiff can remedy a defect in standing by filing an amended complaint and establishing possession of the note when the amended complaint was filed. Alternatively, should a trial court be required to dismiss the case without prejudice when a foreclosing plaintiff cannot establish possession of the note at the time the action was originally commenced.