§667-54 Petition for conversion; residential property; required contents.

363 words·~2 min read·/hi/chapter-667/667-54

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A petition filed pursuant to section 667 - 53 shall contain at a minimum:

(1)A caption setting forth the name of the court, the title of the action, and the file number; provided that the title of the action shall include the names of the filing party as petitioner and the foreclosing party as the respondent ;

(2)The name, mailing address, and telephone number of the filing party;

(3)The address or tax map key number , and the certificate of title or transfer certificate of title number if registered in the land court, of the property subject to the foreclosure action;

(4)A statement identifying all other owner-occupants and mortgagors of the property whose interests are pledged or otherwise encumbered by the mortgage that is being foreclosed and all persons who have signed the promissory note or other instrument evidencing the debt secured by the mortgage that is being foreclosed, including without limitation co-obligors and guarantors;

(5)A certification under penalty of perjury that the filing party is an owner-occupant of the subject property and seeks to convert the nonjudicial foreclosure to a judicial proceeding;

(6)A statement certifying that the filing party served a copy of the petition on the attorney identified in the foreclosure notice under section 667-22 either by personal delivery at, or by postage prepaid United States mail to, the address of the attorney as set forth in the foreclosure notice under section 667-22 ; and

(7)A copy of the foreclosure notice that was served on the filing party pursuant to section 667-22 and for which the filing party is seeking to convert to a judicial proceeding.

(b)The assignment of parties in the petition for conversion pursuant to subsection

(a)shall relate to the petition for conversion only and shall not be construed to affect the assignment of parties in a nonjudicial power of sale foreclosure converted to a judicial foreclosure pursuant to this part. [L 2011, c 48, pt of §5 , §45(4) ; am L 2012, c 182, § §28, 49 ]

Rules of Court

See Rules for Conversion of Non-Judicial Foreclosure Proceedings.