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Current as of January 01, 2025 | Updated by Findlaw Staff
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 filed with the court at the time that the action is commenced and shall be in substantially the following form:
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“_____ CIRCUIT COURT OF THE STATE OF HAWAII |
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________________________________________________ |
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Plaintiff, |
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AFFIRMATION |
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v. |
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Defendant(s) |
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Mortgaged Premises: |
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_________________________ |
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________________________________________________ |
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* * * |
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[____________], Esq., pursuant to Hawaii Revised Statutes § 667-17 and under the penalties of perjury, affirms as follows: |
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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. |
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2. |
On [date], I communicated with the following representative or representatives of Plaintiff, who informed me that he/she/they (a) personally reviewed plaintiff's 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. |
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Name |
Title |
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______________________________ |
______________________________ |
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______________________________ |
______________________________ |
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______________________________ |
______________________________ |
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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. |
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4. |
I am aware of my obligations under Hawaii Rules of Professional Conduct. |
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____________________________________ |
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DATED: |
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” |
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 4. Courts and Judicial Proceedings § 667-17 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-4-courts-and-judicial-proceedings/hi-rev-st-sect-667-17/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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