HB 1954 Summary

• Amends Hawaii Revised Statutes Section 667-18 to require mortgage foreclosure complaints to include affirmative allegations that the mortgagee is the holder of the loan or allege with specificity the factual basis for enforcement authority.

• Requires complaints to describe any delegated authority and identify the specific document granting the mortgagee authority to act on behalf of the person entitled to enforce the mortgage.

• Mandates mortgagees in possession of the original promissory note file an affidavit under penalty of perjury contemporaneously with the complaint, including location of the note, name and title of certifying individual, verification time and date, and true copies of the note with endorsements.

• Requires affidavits for lost, destroyed, or stolen instruments detailing the chain of endorsements, facts supporting entitlement under Section 490:3-309, and available evidence of acquisition and ownership.

• Authorizes courts to sanction mortgagees or their attorneys for non-compliance with these requirements.