2012 Hawaii Revised Statutes
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
667. Mortgage Foreclosures
667-4 Defenses.
Note
Sections 667-1 to 667-13 designated as Part I by L 1998, c 122, §2.
This is former part I that was renumbered as part IA and amended by L 2012, c 182, §3(5).
Law Journals and Reviews
Mortgagor Protection Laws: A Proposal for Mortgage Foreclosure Reform in Hawai‘i. 24 UH L. Rev. 245.
§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 90, §9(d)]
Rules of Court
Pleading under the Hawaii Rules of Civil Procedure, see HRCP rules 7, 8, 10, 12. Affirmative defenses, see HRCP rule 8(c).
Case Notes
Acceleration provision in mortgage although not in note secured is enforceable by foreclosure. 32 H. 420.
Disclaimer: These codes may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
