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Ex. HI-039 Order Primary source read

Order Regarding Foreclosures, SCMF-20-0000152

Order requiring a declaration in every judicial or non-judicial foreclosure and ejectment action that the mortgage is not a federally backed mortgage loan (June 25, 2020)

Supreme Court of Hawaii · Hawaii (Court)

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The COVID Project

The record

Jurisdiction
Hawaii
Level
Court
Authority
HRS 601-1.5, 601-2; CARES Act sec. 4022
Issued
2020-06-25 June 25, 2020
Effective
2020-06-25
End
Duration of the federal moratoria (read as 2021-09-30)
In force
June 25, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Courts and public officesOther
Addressees
  • mortgagees, servicers and their counsel
  • State courts
Functions reached
  • SV servicing and foreclosure
  • ML mortgage lending
  • CL real estate closings dependent on foreclosure sales
Collection
Hawaii HI

Operative words

IT IS HEREBY ORDERED: 1. Any party or authorized agent or representative of a party pursuing a judicial foreclosure action or an action in our state courts arising out of a judicial or non-judicial foreclosure (including but not limited to ejectment actions) must file a signed declaration attesting under penalty of law or perjury, and based on personal knowledge, that the mortgage subject to the foreclosure action or non-judicial foreclosure: a. is NOT a federally backed mortgage loan

Enforcement

Court order; declaration under penalty of perjury

Notes

Implements the CARES Act foreclosure moratorium in State practice

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.