Note
Part heading amended by L 2012, c 182, §3(7).
Law Journals and Reviews
Hawai‘i 2000 Report Regarding Lawyers' Opinion Letters in Mortgage Loan Transactions. 22 UH L. Rev. 347 (2000).
§667-22 Notice of default and intention to foreclose; contents; distribution. (a) When the mortgagor or the borrower has breached the mortgage agreement, and when the foreclosing mortgagee intends to conduct a power of sale foreclosure under this part, the foreclosing mortgagee shall prepare a written notice of default and intention to foreclose addressed to the mortgagor, the borrower, and any guarantor. The notice of default and intention to foreclose shall state:
(1) The name and address of the current mortgagee;
(2) The name and last known address of the mortgagors, the borrowers, and any guarantors;
(3) With respect to the mortgaged property, the address or a description of its location, tax map key number, and certificate of title or transfer certificate of title number if registered in the land court;
(4) The description of the default or, if the default is a monetary default, an itemization of the delinquent amount;
(5) The action required to cure the default, including the delinquent amount and the estimated amount of the foreclosing mortgagee's attorney's fees and costs, and all other fees and costs related to the default estimated to be incurred by the foreclosing mortgagee by the deadline date;
(6) The date by which the default must be cured, which shall be at least sixty days after the date of the notice of default and intention to foreclose;
(7) A statement that if the default is not cured by the deadline date stated in the notice of default and intention to foreclose, the entire unpaid balance of the moneys owed to the mortgagee under the mortgage agreement will become due, that the mortgagee intends to conduct a power of sale foreclosure to sell the mortgaged property at a public sale without any court action and without going to court, and that the mortgagee or any other person may acquire the mortgaged property at the public sale;
(8) A statement that if the default is not cured by the deadline date stated in the notice of default and intention to foreclose, the mortgagee may publish the public notice of the public sale in a newspaper of general circulation or on a state website, pursuant to section 667-27(d);
(9) The name, address, electronic address, and telephone number of the attorney who is representing the foreclosing mortgagee; provided that the attorney shall be licensed to practice law in the State and physically located in the State; and
(10) Notice of the right of the owner-occupant to elect to participate in any other process as established by law.
(b) The notice of default and intention to foreclose shall also contain wording substantially similar to the following in all capital letters and printed in not less than fourteen-point font:
"IF THE DEFAULT ON THE LOAN CONTINUES AFTER THE DEADLINE DATE IN THIS NOTICE, THE MORTGAGED PROPERTY MAY BE FORECLOSED AND SOLD WITHOUT ANY COURT ACTION AND WITHOUT GOING TO COURT.
YOU MAY HAVE CERTAIN LEGAL RIGHTS OR DEFENSES. FOR ADVICE, YOU SHOULD CONSULT WITH AN ATTORNEY LICENSED IN THIS STATE.
ALL FUTURE NOTICES AND CORRESPONDENCE WILL BE MAILED TO YOU AT THE ADDRESS AT WHICH YOU RECEIVED THIS NOTICE UNLESS YOU SEND WRITTEN INSTRUCTIONS TO THIS OFFICE INFORMING THIS OFFICE OF A DIFFERENT ADDRESS. THE WRITTEN INSTRUCTIONS MUST BE SENT TO THIS OFFICE BY CERTIFIED MAIL, REGISTERED MAIL, OR EXPRESS MAIL, POSTAGE PREPAID AND RETURN RECEIPT REQUESTED."
(c) The notice of default and intention to foreclose shall include a copy of:
(1) The original mortgage agreement, and copies of any subsequent mortgage agreements and assignments;
(2) The promissory note signed by the mortgagor and any endorsements and allonges on the note; and
(3) Any other documents that amend or alter the terms of the original mortgage agreement that were signed by the mortgagor and the mortgagee or any successors or assigns of the mortgagor or the mortgagee.
(d) The notice of default and intention to foreclose shall also include contact information for approved housing counselors and approved budget and credit counselors.
(e) The foreclosing mortgagee shall have the notice of default and intention to foreclose served on:
(1) The mortgagor and the borrower;
(2) Any prior or junior creditors who have a recorded lien on the mortgaged property before the recordation of the notice of default and intention to foreclose under section 667-23;
(3) The state director of taxation;
(4) The director of finance of the county where the mortgaged property is located;
(5) The department of commerce and consumer affairs, by filing the notice with the department when required; and
(6) Any other person entitled to receive notice under this part.
(f) As used in this part, unless the context clearly indicates otherwise, the notice of default and intention to foreclose shall also include any amended notice that results from participation in the mortgage foreclosure dispute resolution program under part V. [L 1998, c 122, pt of §1; am L 2008, c 138, §3; am L 2011, c 48, §21; am L 2012, c 182, §17]
Section: Previous 667-18 667-19 667-20 667-20.1 667-21 667-21.5 667-21.6 667-22 667-23 667-24 667-25 667-26 667-27 667-28 667-29 NextLast modified: October 27, 2016