Note
Part heading amended by L 2012, c 182, §3(7).
Law Journals and Reviews
Hawai‘i 2000 Report Regarding Lawyers' Opinion Letters in Mortgage Loan Transactions. 22 UH L. Rev. 347 (2000).
§667-32 Affidavit after public sale; contents. (a) After the public sale is held, the foreclosing mortgagee 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 mortgage;
(2) Stating that the power of sale foreclosure was conducted as required by this part;
(3) Summarizing what was done by the foreclosing mortgagee;
(4) Attaching a copy of the recorded notice of default and intention to foreclose;
(5) Attaching a copy of the last public notice of the public sale;
(6) Referencing the document number of the affiliate statement filed at the bureau of conveyances as required under section 667-58; and
(7) Stating the date of filing and any relevant referencing information assigned by the division of financial institutions to the statement filed with the commissioner of financial institutions of the mortgage servicer affiliate statement as required under section 454M-5(b)(5)(F).
(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 mortgagee) ("foreclosing mortgagee") regarding the following power of sale foreclosure. I am signing this affidavit in accordance with the power of sale foreclosure process (Chapter 667, Part II, Hawaii Revised Statutes);
(2) The foreclosing mortgagee is a mortgagee as defined in section 667-1, Hawaii Revised Statutes, conducting a power of sale foreclosure;
(3) The power of sale foreclosure is of a mortgage made by ____________________ (name of mortgagor) ("mortgagor"), dated ____________________, and recorded in the ____________________ (bureau of conveyances or office of the assistant registrar of the land court) as ____________________ (recordation information). The mortgaged property is located at: ____________________ (address or description of location) and is identified by tax map key number: ____________________. The legal description of the mortgaged property, including the certificate of title or transfer certificate of title number if registered in the land court, is attached as Exhibit "A". The name of the borrower, if different from the mortgagor, is ____________________ ("borrower");
(4) Pursuant to the power of sale provision of the mortgage, 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 mortgagor, the borrower, 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 667-27(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 mortgagor, to the borrower, to the state director of taxation, to the director of finance of the county where the mortgaged property 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 mortgaged property or on such other real property of which the mortgaged property 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 mortgaged property 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 there was no circuit court foreclosure action pending in the circuit where the mortgaged property is located; and
(5) This affidavit is signed under penalty of perjury."
[L 1998, c 122, pt of §1; am L 2011, c 48, §30; am L 2012, c 182, §22; am L 2015, c 62, §7]
Section: Previous 667-25 667-26 667-27 667-28 667-29 667-30 667-31 667-32 667-33 667-34-and-667-35 667-36 667-37 667-38 667-39 667-40 NextLast modified: October 27, 2016