An affidavit is statement of facts which is sworn to before an officer who has authority to administer an oath (e.g., a notary public). The person making the signed statement (the affiant) takes an oath that the contents are, to the best of their knowledge, true. It is also signed by a notary or some other judicial officer that can administer oaths, affirming that the person signing the affidavit was under oath when doing so. After a foreclosure sale, some states require that the foreclosing party file an affidavit that the provisions relating to the notice of foreclosure and the deed of trust or mortgage have been complied with.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The Hawaii Affidavit of Sale by Foreclosure is a legal document that provides a detailed account of the foreclosure sale process in the state of Hawaii. This affidavit is typically filed by the foreclosing party or the trustee to officially document the sale. Keywords: Hawaii, Affidavit of Sale by Foreclosure, foreclosure sale process, legal document, foreclosing party, trustee, document the sale. In Hawaii, there are two main types of Affidavits of Sale by Foreclosure: 1. Judicial Foreclosure: Judicial foreclosure is a process that involves filing a lawsuit in court to obtain a foreclosure judgment. When the property is sold at a foreclosure auction, the party who conducted the sale files the Hawaii Affidavit of Sale by Foreclosure with the court. This affidavit is crucial in providing evidence that the sale was conducted properly and according to the law. 2. Non-Judicial Foreclosure: Non-judicial foreclosure is a method of foreclosure that does not involve court proceedings. Instead, the foreclosure is carried out by the foreclosing party or the trustee, strictly following the statutory requirements outlined in Hawaii's foreclosure laws. The Affidavit of Sale by Foreclosure is still filed after the sale in this case, but it serves as a document to validate the non-judicial foreclosure process. It is important to note that the contents of the Hawaii Affidavit of Sale by Foreclosure may vary depending on the specific circumstances of the foreclosure sale. However, some common elements typically included in the affidavit are: 1. Identification details: The affidavit will state the names and contact information of the parties involved, such as the foreclosing party, the trustee if applicable, and the borrower. 2. Property details: The affidavit will provide a detailed description of the property being foreclosed upon, including the address, legal description, and parcel number. 3. Sale details: The affidavit will outline the date, time, and location of the foreclosure sale. It will also include information about the bidding process, such as whether it was a public auction or a private sale, and the starting bid amount. 4. Compliance with Hawaii foreclosure laws: The affidavit will assert that the foreclosure sale was conducted in compliance with the specific requirements outlined in Hawaii's foreclosure laws. This helps ensure that the process was fair and transparent. 5. Confirmation of sale: The affidavit will document the winning bidder's information, including their name and contact details. It will also state the final bid amount and whether any additional deposits or payments were made during the sale. 6. Distribution of proceeds: The affidavit may detail how the proceeds from the foreclosure sale will be distributed. This includes any outstanding debts, liens, or fees that need to be paid, as well as the order in which these obligations will be fulfilled. 7. Certification and notarization: The affidavit must be signed by the party filing it, stating that the information provided is true and accurate to the best of their knowledge. A notary public will also witness the signing and stamp the document to validate its authenticity. In summary, the Hawaii Affidavit of Sale by Foreclosure is a crucial legal document that provides a detailed account of the foreclosure sale process in the state. Whether executed through judicial or non-judicial means, this affidavit serves as evidence that the sale was conducted properly, adhering to all relevant foreclosure laws and regulations.
