2019 Hawaii Revised Statutes
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
667. Foreclosures
667-83 Stay of nonjudicial foreclosure proceedings.
§667-83 Stay of nonjudicial foreclosure proceedings. (a) The written notification of a case opening under section 667-79 shall operate as a stay of the foreclosure proceeding and may be recorded; provided that:
(1) The written notification shall not act as a stay on a foreclosure proceeding by an association; and
(2) The written notification shall not act as a stay on a foreclosure proceeding for the purpose of the date by which the default must be cured pursuant to section 667-22(a)(6).
(b) Upon a stay pursuant to subsection (a), a mortgagee shall not foreclose upon a mortgage:
(1) Until the neutral's report confirming either that the parties have been unable to reach an agreement under section 667-81(b) or the parties have reached an agreement that authorizes foreclosure under section 667-81(c) or (d) is filed with the department;
(2) If a statement of noncompliance has been issued against the mortgagee pursuant to section 667-82; or
(3) Unless otherwise provided by law or court order. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, §§47, 49; am L 2013, c 197, §4]
