2012 Hawaii Revised Statutes
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
667. Mortgage Foreclosures
667-17 Attorney affirmation in judicial foreclosure.
Sections 667-1 to 667-13 designated as Part I by L 1998, c 122, §2.
This is former part I that was renumbered as part IA and amended by L 2012, c 182, §3(5).
Law Journals and Reviews
Mortgagor Protection Laws: A Proposal for Mortgage Foreclosure Reform in Hawaii. 24 UH L. Rev. 245.
§667-17 Attorney affirmation in judicial foreclosure. [Section repealed on July 1, 2017. L 2012, c 182, §69(1)(A). See also §667-18.] Any attorney who files on behalf of a mortgagee seeking to foreclose on a residential property under this part shall sign and submit an affirmation that the attorney has verified the accuracy of the documents submitted, under penalty of perjury and subject to applicable rules of professional conduct. The affirmation shall be in substantially the following form:
"_____ CIRCUIT COURT OF THE STATE OF HAWAII
Note: During and after August 2010, numerous and widespread insufficiencies
in foreclosure filings in various courts around the nation were reported by major
mortgage lenders and other authorities, including failure to review documents
and files to establish standing and other foreclosure requisites; filing of notarized
affidavits that falsely attest to such review and to other critical facts in the
foreclosure process; and robosignature of documents.
* * *
[____________], Esq., pursuant to Hawaii Revised Statutes §667-17 and under the penalties of perjury, affirms as follows:
1. I am an attorney at law duly licensed to practice in the State of Hawaii and am affiliated with the Law Firm of __________________, the attorneys of record for Plaintiff in the above-captioned mortgage foreclosure action. As such, I am fully aware of the underlying action, as well as the proceedings had herein.
2. On [date], I communicated with the following representative or representatives of Plaintiff, who informed me that he/she/they (a) personally reviewed plaintiffs documents and records relating to this case for factual accuracy; and (b) confirmed the factual accuracy of the allegations set forth in the Complaint and any supporting affidavits or affirmations filed with the Court, as well as the accuracy of the notarizations contained in the supporting documents filed therewith.
3. Based upon my communication with [persons specified in item 2], as well as upon my own inspection and other reasonable inquiry under the circumstances, I affirm that, to the best of my knowledge, information, and belief, the Summons, Complaint, and other papers filed or submitted to the Court in this matter contain no false statements of fact or law and that plaintiff has legal standing to bring this foreclosure action. I understand my continuing obligation to amend this Affirmation in light of newly discovered material facts following its filing.
4. I am aware of my obligations under Hawaii Rules of Professional Conduct.
N.B.: Counsel may augment this affirmation to provide explanatory details,
and may file supplemental affirmations or affidavits for the same purpose."
[L 2012, c 182, pt of §3(3)]
L 2012, c 182, §67, provides in part that this section shall apply to:
"(1) All pending judicial foreclosure actions filed by mortgagees for residential property prior to the effective date of this Act [June 28, 2012]; and
(2) All judicial foreclosure actions filed by mortgagees for residential property on or after the effective date of this Act [June 28, 2012]."
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