STAND. COM. REP. NO. 3331

Honolulu, Hawaii

RE:    H.B. No. 2513

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 2513 entitled:

"A BILL FOR AN ACT RELATING TO MORTGAGE FORECLOSURES,"

begs leave to report as follows:

     The purpose and intent of this measure is to require an attorney affirmation in a judicial foreclosure to be filed with the court at the time the mortgage foreclosure action is commenced.

     Your Committee received testimony in support of this measure from the Hawaii Financial Services Association and Hawaii Bankers Association.  Your Committee received comments on this measure from the Office of Consumer Protection of the Department of Commerce and Consumer Affairs.

     Your Committee finds that pursuant to Act 182, Session Laws of Hawaii 2012, attorneys who file judicial foreclosure complaints must submit an affirmation verifying the accuracy of the documents submitted.  Your Committee further finds that this measure specifies that these attorney affirmations must be filed at the commencement of a mortgage foreclosure action.  This measure conforms to existing practice and encourages compliance for attorneys who file judicial foreclosure complaints.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2513, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair