JUDGMENT

No later than 10 days after a hearing or the date a hearing could have been had, the circuit court shall enter its judgment granting or denying the petition. Judgment on the petition shall be on a form that substantially conforms to Form C attached to these rules and may include only (1) denial of the petition, a statement the non-judicial foreclosure may proceed, and dismissal of any other claims; or (2) grant of the petition, conversion of the non-judicial foreclosure to a judicial foreclosure, instruction to the Respondent foreclosing party to file an action for foreclosure within thirty days, and dismissal of any other claims. [This page intentionally left blank] Filing Party Name Filing Party Mailing Address Filing Party Telephone Number IN THE CIRCUIT COURT OF THE _______ CIRCUIT Name(s) of Petitioner(s), Petitioner(s), v. Name(s) of Respondent(s), Respondent(s). ))))))))))) Special Proceeding No. ________ CERTIFIED CONVERSION PETITION Petitioners <name(s)> assert for their cause: 1. Petitioners are the owners and occupants of a residential property located in the <county of _______> at <street address>, identified as Tax Map Key <number>, and <certificate of title number or transfer certificate of title number>. 2. Respondent <name of foreclosing respondent> has initiated a non-judicial foreclosure on the property identified in paragraph 1. 3. The notice of default and intent to foreclose was received by Petitioners on <date>. A copy of the foreclosure notice that was served on Petitioners is attached. 1 4. The residential property identified in paragraph 1 is and has been Petitioners’ primary residence for at least 200 days prior to <the date in paragraph 3 when notice was received>. 5. Petitioners elect to convert the non-judicial foreclosure to a judicial foreclosure. 6. The following Respondents, also named in the caption above, are additional owner-occupants and mortgagors of the property described in paragraph 1: <insert names>. 7. The following Respondents, also named in the caption above, signed the promissory note or other instrument evidencing the debt purportedly secured by the mortgage being foreclosed: <insert names>. 8. The Service Members Civil Relief Act, 50 U.S.C. App. § 501, may apply to the following parties: <List names. If none, write “none.”> 9. By signatures below, Petitioners certify, subject to penalties for perjury, they (a) are owners-occupants of the property described in paragraph 1 above and seek to convert a non-judicial foreclosure to a judicial foreclosure; and (b) served a copy of this conversion petition upon <name of attorney identified in the foreclosure notice> by <means and place of service>. 2 Wherefore, Petitioners pray for judgment requiring Respondent <name of foreclosing party> to file a foreclosure action in the <Circuit Court of the _____ Circuit> <Land Court of the State of Hawai‘i>, no later than 30 days after entry of the judgment in this conversion action. Dated: <City>, Hawai‘i, <date>. Signatures of Filing Parties Typed Names of Filing Parties 3 Filing Party Name Filing Party Mailing Address Filing Party Telephone Number IN THE CIRCUIT COURT OF THE _______ CIRCUIT Name(s) of Petitioner(s), Petitioner(s), v. Name(s) of Respondent(s), Respondent(s). ))))))))))) Special Proceeding No. ________ SUBMISSION STATEMENT I, the undersigned below and Respondent herein, am an ___ owner-occupant and mortgagor of an interest in the residential property described in the petition and my interest is pledged or otherwise encumbered by the mortgage being foreclosed; or ___ a person who signed the promissory note or other instrument evidencing the debt secured by the mortgage being foreclosed. I agree to submit myself to the judicial process and jurisdiction of the circuit court in this conversion proceeding and any foreclosure proceeding that results therefrom. DATED: <City>, Hawai‘i, <date> Signature Typed Name of Signer Judgment Granting Conversion Petition: JUDGMENT This action was heard by the Circuit Court of the _____ Circuit, the Honorable <name of judge> presiding. In consideration of the petition, the responses thereto, and the record, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, pursuant to Rule 58 of the Hawai‘i Rules of Civil Procedure, that the petition is granted and Judgment is hereby entered in favor of Petitioners <name(s)> as follows: (1) The non-judicial foreclosure previously initiated by Respondent <name> is converted to a judicial foreclosure; and (2) Respondent shall file the judicial foreclosure action in the Circuit Court of the _____Circuit> <Land Court of the State of Hawai‘i> within 30 days after entry of this judgment. (3) All other claims in this action are dismissed. DATED: Honolulu, Hawai‘i, <date signed by judge and filed>. JUDGE OF THE ABOVE-ENTITLED COURT Judgment Denying Conversion Petition: JUDGMENT This action was heard by the Circuit Court of the _____ Circuit, the Honorable <name of judge> presiding. In consideration of the petition, the responses thereto, and the record, it appears the Petitioner has failed to prove the material allegations of the petition. Therefore, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, pursuant to Rule 58 of the Hawai‘i Rules of Civil Procedure, that the petition is denied and Judgment is hereby entered in favor of Respondent <name>, the non-judicial foreclosure may proceed, and all other claims in this action are dismissed. DATED: Honolulu, Hawai‘i, <date signed by judge and filed>. JUDGE OF THE ABOVE-ENTITLED COURT