(a) After the public sale is held, the association shall sign an affidavit under penalty of perjury:

contract signature

Ask a real estate law question, get an answer ASAP!
Thousands of highly rated, verified real estate lawyers.
Specialties include: All Real Estate Law, Landlord and Tenant Law, Foreclosure, Homeowners' Association, Trespassing, Property Law, General Legal and more.
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 667-101

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 667-1
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • power of sale foreclosure: means a nonjudicial foreclosure when:

    (1) The mortgage contains, authorizes, permits, or provides for a power of sale, a power of sale foreclosure, a power of sale remedy, or a nonjudicial foreclosure; or

    (2) For the purposes of part VI, an association enforces its claim of an association lien, regardless of whether the association documents provide for a power of sale, a power of sale foreclosure, a power of sale remedy, or a nonjudicial foreclosure. See Hawaii Revised Statutes 667-1

  • Property: means property (real, personal, or mixed), an interest in property (including fee simple, leasehold, life estate, reversionary interest, and any other estate under applicable law), or other interests that can be subject to the lien of a mortgage. See Hawaii Revised Statutes 667-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) Stating that the power of sale foreclosure was made pursuant to the power of sale provision in the law or association documents;
(2) Stating that the power of sale foreclosure was conducted as required by this part;
(3) Summarizing what was done by the association;
(4) Attaching a copy of the recorded notice of default and intention to foreclose; and
(5) Attaching a copy of the last public notice of the public sale.
(b) The recitals in the affidavit required under subsection (a) may, but need not, be substantially in the following form:

(1) I am duly authorized to represent or act on behalf of ____________________ (name of association) (“association”) regarding the following power of sale foreclosure. I am signing this affidavit in accordance with the alternate power of sale foreclosure law (Chapter 667, Part VI, Hawaii Revised Statutes);
(2) The association is an “association” as defined in the power of sale foreclosure law;
(3) The power of sale foreclosure is of an association lien. If the lien was recorded, the lien was dated ____________________, and recorded in the ____________________ (bureau of conveyances or office of the assistant registrar of the land court) as ____________________ (recordation information). The unit is located at: ____________________ (address or description of location) and is identified by tax map key number: ____________________. The legal description of the property, including the certificate of title or transfer certificate of title number if registered with the land court, is attached as Exhibit “A”;
(4) Pursuant to the power of sale provision of law or association documents, the power of sale foreclosure was conducted as required by the power of sale foreclosure law. The following is a summary of what was done:

(A) A notice of default and intention to foreclose was served on the unit owner and the following person: ____________________. The notice of default and intention to foreclose was served on the following date and in the following manner: ____________________;
(B) The date of the notice of default and intention to foreclose was ____________________ (date). The deadline in the notice for curing the default was ____________________ (date), which deadline date was at least sixty days after the date of the notice;
(C) The notice of default and intention to foreclose was recorded before the deadline date in the ____________________ (bureau of conveyances or office of the assistant registrar of the land court). The notice was recorded on ____________________ (date) as document no. ____________________. A copy of the recorded notice is attached as Exhibit “1”;
(D) The default was not cured by the deadline date in the notice of default and intention to foreclose;
(E) A public notice of the public sale was initially published in the classified section of the ____________________, in accordance with section 667-96(d), Hawaii Revised Statutes, once each week for three consecutive weeks on the following dates: ____________________. A copy of the affidavit of publication for the last public notice of the public sale is attached as Exhibit “2”. The date of the public sale was ____________________ (date). The last publication was not less than fourteen days before the date of the public sale;
(F) The public notice of the public sale was sent to the unit owner, to the state director of taxation, to the director of finance of the county where the unit is located, and to the following: ____________________. The public notice was sent on the following dates and in the following manner: ____________________. Those dates were after the deadline date in the notice of default and intention to foreclose, and those dates were at least sixty days before the date of the public sale;
(G) The public notice of the public sale was posted on the unit or on such other real property of which the unit is a part on ____________________ (date). That date was at least sixty days before the date of the public sale;
(H) A public sale of the unit was held on a business day during business hours on: __________________ (date), at ____________________ (time), at the following location: ____________________. The highest successful bidder was ____________________ (name) with the highest successful bid price of $____________________; and
(I) At the time the public sale was held, the default was not cured; and
(5) This affidavit is signed under penalty of perjury.”
  Previous
Next  
 Part VI Contents