Borrower's Counterclaim Over Wells Fargo's Failure To Submit Affirmation Dismissed

Borrower's Counterclaim Over Wells Fargo's Failure To Submit Affirmation Dismissed

HONOLULU - A federal judge in Hawaii on Sept. 23 dismissed a woman's counterclaim against Wells Fargo Bank N.A. that the lender violated Hawaii Revised Statute (HRS) Section 667-17 by failing to submit an affirmation that requires an attorney to submit verification of the accuracy of the documents submitted in support of a foreclosure action, after ruling that Section 667-17 was enacted the day after the lender filed suit and that the section does not state when the affirmation needs to be filed (Wells Fargo Bank, N.A. v. Kimberly L. Burger, et al., No. 12-cv-00585-JMS-KSC, D. Hawaii; 2013 U.S. Dist. LEXIS 135554).

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