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HI HB2513

Bill

Status

Passed

4/25/2014

Primary Sponsor

Nicole Lowen

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary and Labor3/13/2014
Commerce and Consumer Protection3/6/2014
Judiciary2/10/2014
Consumer Protection & Commerce1/27/2014

Full Bill Text

No bill text available