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

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Terms Used In Hawaii Revised Statutes 667-32

  • 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.
  • Borrower: means the borrower, maker, cosigner, or guarantor under a mortgage agreement. See Hawaii Revised Statutes 667-1
  • 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
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage: means a mortgage, security agreement, or other document under which property is mortgaged, encumbered, pledged, or otherwise rendered subject to a lien for the purpose of securing the payment of money or the performance of an obligation. See Hawaii Revised Statutes 667-1
  • Mortgaged property: means the property that is subject to the lien of the mortgage. See Hawaii Revised Statutes 667-1
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagee: means the current holder of record of the mortgagee's or the lender's interest under the mortgage or the current mortgagee's or lender's duly authorized agent. See Hawaii Revised Statutes 667-1
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Mortgagor: means the mortgagor or borrower named in the mortgage and, unless the context otherwise indicates, includes the current owner of record of the mortgaged property whose interest is subject to the mortgage. See Hawaii Revised Statutes 667-1
  • 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 mortgage;
(2) Stating that the power of sale foreclosure was conducted as required by this part;
(3) Summarizing what was done by the foreclosing mortgagee;
(4) Attaching a copy of the recorded notice of default and intention to foreclose;
(5) Attaching a copy of the last public notice of the public sale;
(6) Referencing the document number of the affiliate statement filed at the bureau of conveyances as required under section 667-58; and
(7) Stating the date of filing and any relevant referencing information assigned by the division of financial institutions to the statement filed with the commissioner of financial institutions of the mortgage servicer affiliate statement as required under section 454M-5(b) (5) (F).
(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 mortgagee) (“foreclosing mortgagee”) regarding the following power of sale foreclosure. I am signing this affidavit in accordance with the power of sale foreclosure process (Chapter 667, Part II, Hawaii Revised Statutes);
(2) The foreclosing mortgagee is a mortgagee as defined in § 667-1, Hawaii Revised Statutes, conducting a power of sale foreclosure;
(3) The power of sale foreclosure is of a mortgage made by ____________________ (name of mortgagor) (“mortgagor”), dated ____________________, and recorded in the ____________________ (bureau of conveyances or office of the assistant registrar of the land court) as ____________________ (recordation information). The mortgaged property is located at: ____________________ (address or description of location) and is identified by tax map key number: ____________________. The legal description of the mortgaged property, including the certificate of title or transfer certificate of title number if registered in the land court, is attached as Exhibit “A”. The name of the borrower, if different from the mortgagor, is ____________________ (“borrower”);
(4) Pursuant to the power of sale provision of the mortgage, 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 mortgagor, the borrower, 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 667-27(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 mortgagor, to the borrower, to the state director of taxation, to the director of finance of the county where the mortgaged property 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 mortgaged property or on such other real property of which the mortgaged property 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 mortgaged property 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 there was no circuit court foreclosure action pending in the circuit where the mortgaged property is located; and
(5) This affidavit is signed under penalty of perjury.”
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