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HI HB2513
Bill
Status
4/25/2014
Primary Sponsor
Nicole Lowen
Click for details
AI Summary
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Amends Hawaii Revised Statutes § 667-17 to require attorneys filing residential mortgage foreclosure actions to submit an affirmation at the time the action is commenced, rather than at an unspecified later time.
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Attorney affirmation must be signed under penalty of perjury and certify that documents have been verified for accuracy, consistent with Hawaii Rules of Professional Conduct.
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Affirmation must confirm that the mortgagee's representative personally reviewed documents and records for factual accuracy and that the complaint and supporting affidavits contain no false statements and the plaintiff has legal standing.
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Attorney must disclose communication with the mortgagee's representative verifying the review and acknowledge ongoing obligation to amend the affirmation if newly discovered material facts emerge.
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Effective upon approval and does not affect rights, duties, or proceedings that matured or began before the effective date.
Legislative Description
Mortgage Foreclosures; Affirmation Required When Action Commenced
Last Action
Act 037, 4/23/2014 (Gov. Msg. No. 1137).
4/25/2014