2012 Hawaii Revised Statutes
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
667. Mortgage Foreclosures
667-57 Suspension of foreclosure actions by junior lienholders.
Revision Note
Part heading added by revisor.
§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 shall be permitted to initiate or continue a nonjudicial foreclosure until the foreclosure initiated by the foreclosing mortgagee has been concluded by a judgment issued by a court pursuant to section 667-1.5, the recording of an affidavit after public sale pursuant to section 667-33, or the filing of an agreement under the mortgage foreclosure dispute resolution provisions of section 667-81.
(b) Upon initiation of a foreclosure action pursuant to part II by a foreclosing mortgagee, no junior lienholder shall be permitted to initiate or continue a nonjudicial foreclosure during the pendency of a stay pursuant to section 667-83; provided that a junior lienholder may initiate or continue with a nonjudicial foreclosure if:
(1) The junior lien foreclosure was initiated before the foreclosure action by the foreclosing mortgagee; or
(2) The junior lienholder is an association and has not been provided notice of the foreclosure action, pursuant to section 667-21.5, or has not received written notification of a case opening pursuant to section 667-79. [L 2011, c 48, pt of §6; am L 2012, c 182, §31]
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