New Foreclosure Law – HB2513

This bill is in front of the Governor to sign.  If signed, it will change the Hawaii foreclosure law with respect to attorney affirmations.

The legislature already requires that an attorney representing a mortgage company sign an attorney affirmation declaring that the attorney reviewed the case and concluded that the plaintiff has a factual and legal basis for bringing forth the complaint and summons.  The current law allows for the affirmation to be filed at any time before the motion for summary judgment.
Now, the law requires that the attorney submit the attorney affirmation when the case is commenced.  This is a fairly substantial change in foreclosure law.  Only one firm routinely files affirmations w/ complaints.  To determine how this law may affect your mortgage in foreclosure, please call 242-9350 and schedule a free consultation.

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