Bill Text: HI SB3101 | 2014 | Regular Session | Introduced

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Bill Title: Rules of Evidence; Foreclosure; Bank Documents; Authentication

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-27 - Referred to CPN/JDL. [SB3101 Detail]

Download: Hawaii-2014-SB3101-Introduced.html

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THE SENATE	S.B. NO.	3101
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to bank documents in foreclosure actions.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 626-1, Hawaii Revised Statutes, is amended by adding a new rule to be appropriately designated and to read as follows:

     "Rule      Authentication of bank documents in foreclosure actions.  As a condition for admissibility of any bank document to a court in a foreclosure action, a bank shall submit evidence that the bank document, including mortgage documents and promissory notes, was authenticated by the bank prior to placement in the bank's files.  Evidence that the bank document was filed with or was a part of the files of the bureau of conveyances shall not satisfy the authentication requirement pursuant to this rule."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Rules of Evidence; Foreclosure; Bank Documents; Authentication

 

Description:

Establishes a new rule of evidence requiring a bank to submit evidence that a bank document was authenticated by the bank prior to placement in the bank's files, before a court will admit the document into evidence in a foreclosure action.  Prohibits evidence that a document was filed with the bureau of conveyances from satisfying the authentication requirement pursuant to this rule.

 

 

 

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