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2020 Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
667. Foreclosures
PART I. GENERAL PROVISIONS
PART IA. FORECLOSURE BY ACTION
FORECLOSURE PROCESS
- 667-1.5 Foreclosure by action.
- 667-2 Other mortgagees joined.
- 667-3 Proceeds, how applied.
- 667-4 Defenses.
- 667-5 REPEALED.
- 667-5.5 Foreclosure notice; planned communities; condominiums; cooperative housing projects.
- 667-5.7 to 667-8 REPEALED.
- 667-9 Dower barred, when.
- 667-10 Power unaffected by transfer; surplus after sale.
- 667-11 to 667-13 REPEALED.
- 667-14 and 667-15 REPEALED.
- 667-17 Attorney affirmation in judicial foreclosure.
- 667-18 REPEALED.
- 667-19 Association foreclosures; cure of default; payment plan.
- 667-20 Publication of notice of public sale.
- 667-20.1 Postponement, cancellation of sale.
- 667-21 Power of sale process.
- 667-21.5 Foreclosure notice; planned communities; condominiums; cooperative housing projects.
- 667-21.6 REPEALED.
- 667-22 Notice of default and intention to foreclose; contents; distribution.
- 667-23 Recordation of notice of default and intention to foreclose.
- 667-24 Cure of default.
- 667-25 Date, place of public sale of mortgaged property.
- 667-26 REPEALED.
- 667-27 Public notice of public sale; contents; distribution; publication.
- 667-28 Postponement, cancellation of sale.
- 667-29 Authorized bidder; successful bidder.
- 667-30 Successful bidder's failure to comply; forfeiture of downpayment.
- 667-31 Conveyance of property on payment of purchase price; distribution of sale proceeds.
- 667-32 Affidavit after public sale; contents.
- 667-33 Recordation of affidavit, conveyance document; effect.
- 667-34 and 667-35 REPEALED.
- 667-36 Sale of property separately.
- 667-37 Judicial action of foreclosure before public sale.
- 667-38 Deficiency judgment against owner-occupant prohibited.
- 667-39 Right to enforce this part.
- 667-40 Use of power of sale foreclosure in certain non-mortgage situations.
- 667-41 Public information notice requirement.
- 667-42 REPEALED.
- 667-50 REPEALED.
- 667-51 Appeals.
- 667-52 Buyer's choice of title insurer and escrow agent.
- 667-53 Conversion to judicial foreclosure; residential property; conditions.
- 667-54 Petition for conversion; residential property; required contents.
- 667-55 Notice of default and intention to foreclose; residential property; required statement on conversion.
- 667-56 Prohibited conduct.
- 667-57 Suspension of foreclosure actions by junior lienholders.
- 667-58 Valid notice; affiliate statement.
- 667-59 Actions and communications with the mortgagor in connection with a foreclosure.
- 667-60 Unfair or deceptive act or practice; transfer of title.
- 667-61 REPEALED.
- 667-62 Time share interest foreclosure under power of sale; notice; affidavit after sale.
- 667-63 Notice to mortgage creditors
- 667-64 Affidavit as evidence.
- 667-65 Application of time share interest power of sale requirements.
- 667-71 Applicability.
- 667-72 REPEALED.
- 667-73 Mortgage foreclosure dispute resolution program; administration.
- 667-74 Availability of dispute resolution required before foreclosure.
- 667-75 Notice of dispute resolution availability required.
- 667-76 Mortgagee's filing of notice with department; filing fee; electronic public notice of public sale.
- 667-77 Notification to mortgagor by department.
- 667-78 Owner-occupant's election of dispute resolution; owner-occupant program fee; right to dispute resolution waived
- 667-79 Notification of opening a dispute resolution case; mortgagee's program fee.
- 667-80 Parties; requirements; process.
- 667-81 Outcome of dispute resolution; neutral's closing report.
- 667-82 Noncompliance with requirements; statement.
- 667-83 Stay of nonjudicial foreclosure proceedings.
- 667-84 Confidentiality.
- 667-85 Neutral qualifications; status and liability.
- 667-86 Mortgage foreclosure dispute resolution special fund.
FORECLOSURE PROCESS
- 667-91 Alternate power of sale process.
- 667-92 Notice of default and intention to foreclose; contents; distribution; alternative remedies for failure to serve.
- 667-93 Recordation of notice of default and intention to foreclose.
- 667-94 Cure of default.
- 667-95 Date of public sale of unit; place of sale.
- 667-96 Public notice of public sale; contents; distribution; publication.
- 667-97 Postponement, cancellation of sale.
- 667-98 Authorized bidder; successful bidder.
- 667-99 Successful bidder's failure to comply; forfeiture of downpayment.
- 667-100 Conveyance of property on payment of purchase price; distribution of sale proceeds.
- 667-101 Affidavit after public sale; contents.
- 667-102 Recordation of affidavit, conveyance document; effect.
- 667-103 Recordation; full satisfaction of debt by unit owner.
- 667-104 Prohibited conduct.
Note
As to procedural statutes superseded by the rules of court, see note preceding Title 32.
Chapter heading amended by L 2012, c 182, 3(4).
Cross References
Mortgage rescue fraud prevention act, see chapter 480E.
Secure and fair enforcement for mortgage licensing act, see chapter 454F.
Rules of Court
See Rules for Conversion of Non-Judicial Foreclosure Proceedings.
Law Journals and Reviews
Timesharing in the 1990s. I HBJ, no. 13, at 89 (1997).
Case Notes
Defendant's motion for summary judgment granted on count alleging violation of this chapter, where plaintiffs did not establish a genuine issue of material fact regarding the claim and further failed to state a claim for wrongful foreclosure. 907 F. Supp. 2d 1165 (2012).
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