Title 36, Civil Remedies And Defenses And Special Proceedings

[§667-101] Affidavit after public sale; contents. (a) After the public sale is held, the association 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: [L 201…

[§667-102] Recordation of affidavit, conveyance document; effect. (a) The affidavit required under section 667-101 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…

[§667-103] Recordation; full satisfaction of debt by unit owner. Except as provided in section 667-92(f)(2), the recordation of both the conveyance document and the affidavit shall not operate as full satisfaction of the debt owed by the unit owner to the association unless the s…

[§667-104] Prohibited conduct. It shall be a prohibited practice for any association to engage in any of the following practices:

§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 …

§667-19 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-…

[§667-20] Publication of notice of public sale. The foreclosing mortgagee or association in a foreclosure by action shall have the public notice of the public sale:

[§667-20.1] Postponement, cancellation of sale. (a) The public sale may be either postponed or canceled by the court-appointed commissioner. 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 mortga…

PART II. POWER OF SALE FORECLOSURE PROCESS §667-21 Power of sale process. The power of sale process in this part is an alternative to the foreclosure by action in part IA. [L 1998, c 122, pt of §1; am L 2011, c 48, §20; am L 2012, c 182, §15]

§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…

§667-27 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…

[§667-29.5] Eligible bidder; subsequent bid. (a) Notwithstanding any other law to the contrary, the public sale of a mortgaged property under a power of sale foreclosure process pursuant to this part shall not be deemed final until the earliest of the following: (b) If an eligibl…

§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…

[§667-30] Successful bidder's failure to comply; forfeiture of downpayment. If the successful bidder later fails to comply with the terms and conditions of the public sale or fails to complete the purchase within forty-five days after the public sale is held, the downpayment shal…

§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…

[§667-36] Sale of property separately. If the mortgaged property consists of more than one real property, each property may be sold separately to satisfy the mortgage debt. [L 1998, c 122, pt of §1]

[§667-36.5] Bundled properties; prohibition. Notwithstanding any other law to the contrary, for the public sale of mortgaged property under the power of sale foreclosure process in this part, no mortgagee shall bundle mortgaged properties for the purpose of public sale and each m…

§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…

§667-38 Deficiency judgment against owner-occupant prohibited. Upon completion of the nonjudicial foreclosure of residential property pursuant to this part, the mortgagee or other person, excluding an association, shall not be entitled to pursue or obtain a deficiency judgment ag…

§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…

§667-5.5 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 apartment…

[§667-51] Appeals. (a) Without limiting the class of orders not specified in section 641-1 from which appeals may also be taken, the following orders entered in a foreclosure case shall be final and appealable: (b) An appeal shall be taken in the manner and within the time provid…

[§667‑52] Buyer's choice of title insurer and escrow agent. (a) In connection with a judicial foreclosure or foreclosure by power of sale of residential property improved by four or fewer dwelling units, no foreclosing mortgagee or mortgagee who acquires the property through a fo…

§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 …

§667-54 Petition for conversion; residential property; required contents. (a) A petition filed pursuant to section 667-53 shall contain at a minimum: (b) The assignment of parties in the petition for conversion pursuant to subsection (a) shall relate to the petition for conversio…

§667-55 Notice of default and intention to foreclose; residential property; required statement on conversion. (a) The foreclosure notice that is served as required under section 667-22 shall include, in addition to the contents required under section 667-22, a statement printed i…

§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…

§667-59 Actions and communications with the mortgagor in connection with a foreclosure. A foreclosing mortgagee shall be bound by all agreements, obligations, representations, or inducements made on its behalf by its agents, including but not limited to its employees, representat…

§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…

[§667-62] Time share interest foreclosure under power of sale; notice; affidavit after sale. (a) When a power of sale is contained in a mortgage of a time share interest, the mortgagee or the mortgagee's successor in interest or any person authorized by the power to act in the pr…

§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…

[§667-64] Affidavit as evidence. If it appears by the affidavit filed under section 667-62(c) that the affiant has in all respects complied with the requirements of the power of sale and section 667‑62 in relation to all things to be done by the affiant before selling the time sh…