Chapter 667 — Foreclosures

PART I. GENERAL PROVISIONS §667-1 Definitions. As used in this chapter: "Approved budget and credit counselor" means a Hawaii-based budget and credit counseling agency that has received approval from a United States trustee or bankruptcy administrator to provide instructional cou…

PART IA. FORECLOSURE BY ACTION §667-1.5 Foreclosure by action. The circuit court may assess the amount due upon a mortgage, whether of real or personal property, without the intervention of a jury, and shall render judgment for the amount awarded, and the foreclosure of the mortg…

§667-10 Power unaffected by transfer; surplus after sale. No sale or transfer by the mortgagor shall impair or annul any right or power of attorney given in the mortgage to the mortgagee to sell or transfer the mortgaged property, as attorney or agent of the mortgagor, except as …

§§667-11 to 667-13 REPEALED. L 1972, c 90, §9(k).

§667-17 Attorney affirmation in judicial foreclosure. Any attorney who files on behalf of a mortgagee seeking to foreclose on a residential property under this part shall sign and submit an affirmation that the attorney has verified the accuracy of the documents submitted, under …

§667-18 REPEALED. L 2017, c 158, §§1, 2.

§667-19 Association foreclosures; cure of default; payment plan. If a foreclosure by action is initiated by an association pursuant to section 421J-10.5 or 514B-146:

§667-2 Other mortgagees joined. All prior and subsequent mortgage creditors, whose names are or can be discovered by the party foreclosing a mortgage, shall be made parties to the action. [CC 1859, §1232; RL 1925, §2888; RL 1935, §4721; RL 1945, §12421; RL 1955, §336-2; HRS §667-…

§667-21.5 Foreclosure notice; planned communities; condominiums; cooperative housing projects. Notwithstanding any law or agreement to the contrary, any person who forecloses on a property under this part within a planned community, a condominium apartment or unit, or an apartmen…

§667-22 Notice of default and intention to foreclose; contents; distribution. (a) When the mortgagor or the borrower has breached the mortgage agreement, and when the foreclosing mortgagee intends to conduct a power of sale foreclosure under this part, the foreclosing mortgagee s…

§667-23 Recordation of notice of default and intention to foreclose. Before the deadline date in the notice of default and intention to foreclose, the notice shall be recorded in a recordable form in a manner similar to recordation of notices of pendency of action under section 5…

§667-24 Cure of default. (a) If the default is cured as required by the notice of default and intention to foreclose, or if the parties have reached an agreement to resolve the nonjudicial foreclosure, the foreclosing mortgagee shall rescind the notice of default and intention to…

§667-25 Date, place of public sale of mortgaged property. (a) The public sale of the mortgaged property shall take place on the later of the following: (b) The public sale of the mortgaged property shall be held only in the county where the mortgaged property is located; provided…

§667-26 REPEALED. L 2012, c 182, §58.

§667-27 Public notice of public sale; contents; distribution; publication. (a) The foreclosing mortgagee shall prepare the public notice of the public sale. The public notice shall state: (b) The public notice shall also contain wording substantially similar to the following in a…

§667-28 Postponement, cancellation of sale. (a) The public sale may be either postponed or canceled by the foreclosing mortgagee. Notice of the postponement or the cancellation of the public sale shall be: (b) If there is a postponement of the public sale of the mortgaged propert…

§667-29 Authorized bidder; successful bidder. Any person, including the foreclosing mortgagee, may bid for the mortgaged property at the public sale and purchase the mortgaged property. The highest bidder who meets the requirements of the terms and conditions of the public sale s…

§667-3 Proceeds, how applied. Mortgage and other creditors shall be entitled to payment according to the priority of their liens, and not pro rata; and judgments of foreclosure that are conducted in compliance with this part shall operate to extinguish the liens of subsequent mor…

§667-31 Conveyance of property on payment of purchase price; distribution of sale proceeds. (a) After the purchaser completes the purchase by paying the full purchase price and the costs for the purchase, the mortgaged property shall be conveyed to the purchaser by a conveyance d…

§667-32 Affidavit after public sale; contents. (a) After the public sale is held, the foreclosing mortgagee shall sign an affidavit under penalty of perjury: (b) The recitals in the affidavit required under subsection (a) may, but need not, be substantially in the following form:…

§667-33 Recordation of affidavit, conveyance document; effect. (a) The affidavit required under section 667-32 and the conveyance document shall be recorded no earlier than ten days after the public sale is held but not later than forty-five days after the public sale is held. Th…

§§667-34 and 667-35 REPEALED. L 2011, c 48, §§34, 35.

§667-37 Judicial action of foreclosure before public sale. This part shall not prohibit the foreclosing mortgagee, or any other creditor having a recorded lien on the mortgaged property before the recordation of the notice of default under section 667-23, from filing an action fo…

§667-39 Right to enforce this part. (a) The foreclosing mortgagee, any other creditor having a recorded lien on the mortgaged property before the recordation of the notice of default and intention to foreclose under section 667-23, the borrower, and the mortgagor, may enforce thi…

§667-4 Defenses. The mortgagor, or any subsequent mortgagee, may defend the action for foreclosure, and may show any matter in legal or equitable avoidance of the mortgage. [CC 1859, §1234; RL 1925, §2890; RL 1935, §4723; RL 1945, §12423; RL 1955, §336-4; HRS §667-4; am L 1972, c…

§667-40 Use of power of sale foreclosure in certain non-mortgage situations. A power of sale foreclosure under this part may be used in certain non-mortgage situations where a law or a written document contains, authorizes, permits, or provides for a power of sale, a power of sal…

§667-41 Public information notice requirement. (a) All financial institutions, mortgagees, lenders, business entities and organizations without limitation, and persons, who intend to use the power of sale foreclosure under this part, under the conditions required by this part, sh…

§667-53 Conversion to judicial foreclosure; residential property; conditions. (a) An owner-occupant of a residential property that is subject to nonjudicial foreclosure under part II may convert the action to a judicial foreclosure provided that: (b) This section shall not apply …

§667-56 Prohibited conduct. It shall be a prohibited practice for any foreclosing mortgagee to engage in any of the following practices:

§667-57 Suspension of foreclosure actions by junior lienholders. (a) Upon initiation of a foreclosure action pursuant to part IA or part II by a foreclosing mortgagee, no junior lienholder, except for an association, shall be permitted to initiate or continue a nonjudicial forecl…

§667-58 Valid notice; affiliate statement. (a) Any notices made pursuant to this chapter may be issued only by persons authorized by a foreclosing mortgagee or lender pursuant to an affiliate statement signed by that foreclosing mortgagee or lender and recorded at the bureau of c…

§667-60 Unfair or deceptive act or practice; transfer of title. (a) Any foreclosing mortgagee who engages in any of the following violations of this chapter shall have committed an unfair or deceptive act or practice under section 480-2: (b) Notwithstanding subsection (a), the tr…

§667-63 Notice to mortgage creditors. (a) A mortgage creditor having a mortgage lien on a time share interest who desires notice that another mortgage creditor having a mortgage lien on the time share interest intends to foreclose and sell the mortgaged time share interest, pursu…

[PART V.] MORTGAGE FORECLOSURE DISPUTE RESOLUTION §667-71 Applicability. (a) This part shall apply to nonjudicial foreclosures conducted by power of sale under part II, of residential real property that is occupied by one or more mortgagors who are owner-occupants. (b) This part …

§667-73 Mortgage foreclosure dispute resolution program; administration. (a) There is established in the department a mortgage foreclosure dispute resolution program to provide an owner-occupant an opportunity to negotiate an agreement that avoids foreclosure or mitigates damages…

§667-74 Availability of dispute resolution required before foreclosure. Before a public sale may be conducted pursuant to section 667-25 for a residential property that is occupied by an owner-occupant, the foreclosing mortgagee, at the election of the owner-occupant, shall parti…

§667-75 Notice of dispute resolution availability required. (a) A foreclosure notice served pursuant to section 667-22(e) shall include notice that the mortgagee is required, at the election of an owner-occupant, to participate in the mortgage foreclosure dispute resolution progr…

§667-81 Outcome of dispute resolution; neutral's closing report. (a) Within ten days from the conclusion of the dispute resolution, the neutral shall file a closing report with the department, which verifies the parties' presence at the session, compliance with the requirements o…

§667-86 Mortgage foreclosure dispute resolution special fund. (a) There is established in the state treasury a special fund to be known as the mortgage foreclosure dispute resolution special fund to be administered by the department to implement and operate the mortgage foreclosu…

§667-9 Dower barred, when. If the mortgage was executed by a man having at the time no lawful wife, or if the mortgagor being married, his wife joined in the deed in token of her release of dower, the sale of the property in the mode aforesaid shall be effectual to bar all claim …

§667-92 Notice of default and intention to foreclose; contents; distribution; alternative remedies for failure to serve. (a) When a unit owner has failed to pay an assessment, and when the association intends to conduct a power of sale foreclosure under this part, the association…

§667-94 Cure of default. (a) If the default is cured as required by the notice of default and intention to foreclose, the association shall rescind the notice of default and intention to foreclose. If, pursuant to section 667-92(c), the parties agree on a payment plan to cure the…