§667-58 Valid notice; affiliate statement. (a) Any notices made pursuant to this chapter may be issued only by persons authorized by a foreclosing mortgagee or lender pursuant to an affiliate statement signed by that foreclosing mortgagee or lender and recorded at the bureau of conveyances identifying the agency or affiliate relationship and the authority granted or conferred to that agent or representative.
(b) The bureau of conveyances document number for the affiliate statement required under subsection (a) shall be included in any notice required to be personally served upon the mortgagor or borrower under this chapter.
(c) Any notice provided by a mortgage servicer, including an agent, employee, or representative of that mortgage servicer, shall be issued only by a mortgage servicer that has been listed in the affiliate statement filed by the foreclosing mortgagee or lender under subsection (a); provided further that the mortgage servicer shall be licensed under or otherwise exempt from chapter 454M. The agency relationship or affiliation of the mortgage servicer and the foreclosing mortgagee or lender and any authority granted or conferred to that mortgage servicer shall be described in the affiliate statement filed under both subsection (a) and section 454M-5(b)(5)(F).
(d) No attorney of a mortgage servicer, foreclosing mortgagee, or lender shall be required to be included in any affiliate statement of a foreclosing mortgagee or lender. No notice or other correspondence made by any attorney for the foreclosing mortgagee or lender shall be required to reference any affiliate statement made by the foreclosing mortgagee or lender. Any notice or other correspondence made by any attorney for a mortgage servicer shall reference, in accordance with subsection (b), the appropriate affiliate statement of the foreclosing mortgagee or lender authorizing the mortgage servicer to act. [L 2011, c 48, pt of §6; am L 2012, c 182, §32; am L 2015, c 62, §8]
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
667-1.5 Foreclosure by action.
667-2 Other mortgagees joined.
667-5.5 Foreclosure notice; planned communities; condominiums; cooperative housing projects.
667-10 Power unaffected by transfer; surplus after sale.
667-17 Attorney affirmation in judicial foreclosure.
667-19 Association foreclosures; cure of default; payment plan.
667-20 Publication of notice of public sale.
667-20.1 Postponement, cancellation of sale.
667-21.5 Foreclosure notice; planned communities; condominiums; cooperative housing projects.
667-22 Notice of default and intention to foreclose; contents; distribution.
667-23 Recordation of notice of default and intention to foreclose.
667-25 Date, place of public sale of mortgaged property.
667-27 Public notice of public sale; contents; distribution; publication.
667-28 Postponement, cancellation of sale.
667-29 Authorized bidder; successful bidder.
667-30 Successful bidder's failure to comply; forfeiture of downpayment.
667-31 Conveyance of property on payment of purchase price; distribution of sale proceeds.
667-32 Affidavit after public sale; contents.
667-33 Recordation of affidavit, conveyance document; effect.
667-36 Sale of property separately.
667-37 Judicial action of foreclosure before public sale.
667-38 Deficiency judgment against owner-occupant prohibited.
667-39 Right to enforce this part.
667-40 Use of power of sale foreclosure in certain non-mortgage situations.
667-41 Public information notice requirement.
667-52 Buyer's choice of title insurer and escrow agent.
667-53 Conversion to judicial foreclosure; residential property; conditions.
667-54 Petition for conversion; residential property; required contents.
667-57 Suspension of foreclosure actions by junior lienholders.
667-58 Valid notice; affiliate statement.
667-59 Actions and communications with the mortgagor in connection with a foreclosure.
667-60 Unfair or deceptive act or practice; transfer of title.
667-62 Time share interest foreclosure under power of sale; notice; affidavit after sale.
667-63 Notice to mortgage creditors
667-65 Application of time share interest power of sale requirements.
667-73 Mortgage foreclosure dispute resolution program; administration.
667-74 Availability of dispute resolution required before foreclosure.
667-75 Notice of dispute resolution availability required.
667-77 Notification to mortgagor by department.
667-79 Notification of opening a dispute resolution case; mortgagee's program fee.
667-80 Parties; requirements; process.
667-81 Outcome of dispute resolution; neutral's closing report.
667-82 Noncompliance with requirements; statement.
667-83 Stay of nonjudicial foreclosure proceedings.
667-85 Neutral qualifications; status and liability.
667-86 Mortgage foreclosure dispute resolution special fund.
667-91 Alternate power of sale process.
667-93 Recordation of notice of default and intention to foreclose.
667-95 Date of public sale of unit; place of sale.
667-96 Public notice of public sale; contents; distribution; publication.
667-97 Postponement, cancellation of sale.
667-98 Authorized bidder; successful bidder.
667-99 Successful bidder's failure to comply; forfeiture of downpayment.
667-100 Conveyance of property on payment of purchase price; distribution of sale proceeds.
667-101 Affidavit after public sale; contents.
667-102 Recordation of affidavit, conveyance document; effect.
667-103 Recordation; full satisfaction of debt by unit owner.