2013 Hawaii Revised Statutes
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
667. Mortgage Foreclosures
667-20 Publication of notice of public sale.


HI Rev Stat § 667-20 (2013) What's This?

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 (2001).

§667-20 Publication of notice of public sale. [Section effective until June 27, 2014. For section effective June 28, 2014, see below.] (a) The foreclosing mortgagee or association in a foreclosure by action shall have the public notice of the public sale:

(1) Printed in not less than seven-point font and published in the classified section of a newspaper of general circulation in the geographic area in which the mortgaged property or unit is located. A person may apply to the circuit court for an order confirming a newspaper to be of general circulation for purposes of this paragraph, which the court shall grant upon proof of compliance with this paragraph. The public notice shall be published once each week for three consecutive weeks, constituting three publications. The public sale shall take place no sooner than fourteen days after the date of the publication of the third public notice advertisement; or

(2) Not less than twenty-eight days before the date of the public sale, published on a state website at the discretion of the agency that maintains the website; provided that the public notice shall be published at least once in the format described in paragraph (1) at least fourteen days prior to the public sale.

(b) As used in this section:

"General circulation" refers to a newspaper that:

(1) Contains news of a general nature; and

(2) Is distributed within the geographic area where the mortgaged property or unit is located:

(A) At least weekly;

(B) For a minimum of one year unless interrupted by strike, natural disaster, or act of war or terror; and

(C) To a minimum of three per cent of the residents of the geographic area, as determined by the last decennial United States census and as verified by an independent audit.

"Geographic area" means:

(1) The real property tax zone of the mortgaged property or unit, as shown on the real property tax maps kept by the real property tax assessment division of the county of Hawaii, if the mortgaged property or unit is located in the county of Hawaii; or

(2) The county in which the mortgaged property or unit is located, if the mortgaged property or unit is located in the city and county of Honolulu or the county of Maui or Kauai. [L 2012, c 182, pt of §3(3)]

[§667-20] Publication of notice of public sale. [Section effective June 28, 2014. For section effective until June 27, 2014, see above.] The foreclosing mortgagee or association in a foreclosure by action shall have the public notice of the public sale:

(1) Printed in not less than seven-point font and published in the classified section of a newspaper that is published at least weekly and having a general circulation in the county in which the mortgaged property or unit is located. The public notice shall be published once each week for three consecutive weeks, constituting three publications. The public sale shall take place no sooner than fourteen days after the date of the publication of the third public notice advertisement; or

(2) Not less than twenty-eight days before the date of the public sale, published on a state website at the discretion of the agency that maintains the website; provided that the public notice shall be published at least once in the format described in paragraph (1) at least fourteen days prior to the public sale. [L 2012, c 182, pt of §3(3), §§63, 69(5)]

Revision Note

Subsection (a) designation deleted.

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