[§667-101] Affidavit after public sale; contents. (a) After the public sale is held, the association shall sign an affidavit under penalty of perjury:
(1) Stating that the power of sale foreclosure was made pursuant to the power of sale provision in the law or association documents;
(2) Stating that the power of sale foreclosure was conducted as required by this part;
(3) Summarizing what was done by the association;
(4) Attaching a copy of the recorded notice of default and intention to foreclose; and
(5) Attaching a copy of the last public notice of the public sale.
(b) The recitals in the affidavit required under subsection (a) may, but need not, be substantially in the following form:
"(1) I am duly authorized to represent or act on behalf of ____________________ (name of association) ("association") regarding the following power of sale foreclosure. I am signing this affidavit in accordance with the alternate power of sale foreclosure law (Chapter 667, Part VI, Hawaii Revised Statutes);
(2) The association is an "association" as defined in the power of sale foreclosure law;
(3) The power of sale foreclosure is of an association lien. If the lien was recorded, the lien was dated ____________________, and recorded in the ____________________ (bureau of conveyances or office of the assistant registrar of the land court) as ____________________ (recordation information). The unit is located at: ____________________ (address or description of location) and is identified by tax map key number: ____________________. The legal description of the property, including the certificate of title or transfer certificate of title number if registered with the land court, is attached as Exhibit "A";
(4) Pursuant to the power of sale provision of law or association documents, the power of sale foreclosure was conducted as required by the power of sale foreclosure law. The following is a summary of what was done:
(A) A notice of default and intention to foreclose was served on the unit owner and the following person: ____________________. The notice of default and intention to foreclose was served on the following date and in the following manner: ____________________;
(B) The date of the notice of default and intention to foreclose was ____________________ (date). The deadline in the notice for curing the default was ____________________ (date), which deadline date was at least sixty days after the date of the notice;
(C) The notice of default and intention to foreclose was recorded before the deadline date in the ____________________ (bureau of conveyances or office of the assistant registrar of the land court). The notice was recorded on ____________________ (date) as document no. ____________________. A copy of the recorded notice is attached as Exhibit "1";
(D) The default was not cured by the deadline date in the notice of default and intention to foreclose;
(E) A public notice of the public sale was initially published in the classified section of the ____________________, in accordance with section 667-96(d), Hawaii Revised Statutes, once each week for three consecutive weeks on the following dates: ____________________. A copy of the affidavit of publication for the last public notice of the public sale is attached as Exhibit "2". The date of the public sale was ____________________ (date). The last publication was not less than fourteen days before the date of the public sale;
(F) The public notice of the public sale was sent to the unit owner, to the state director of taxation, to the director of finance of the county where the unit is located, and to the following: ____________________. The public notice was sent on the following dates and in the following manner: ____________________. Those dates were after the deadline date in the notice of default and intention to foreclose, and those dates were at least sixty days before the date of the public sale;
(G) The public notice of the public sale was posted on the unit or on such other real property of which the unit is a part on ____________________ (date). That date was at least sixty days before the date of the public sale;
(H) A public sale of the unit was held on a business day during business hours on: __________________ (date), at ____________________ (time), at the following location: ____________________. The highest successful bidder was ____________________ (name) with the highest successful bid price of $____________________; and
(I) At the time the public sale was held, the default was not cured; and
(5) This affidavit is signed under penalty of perjury."
[L 2012, c 182, pt of §3(2)]
Section: Previous 667-92 667-93 667-94 667-95 667-96 667-97 667-98 667-99 667-100 667-101 667-102 667-103 667-104 NextLast modified: October 27, 2016