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).
§667-27 Public notice of public sale; contents; distribution; publication. (a) The foreclosing mortgagee shall prepare the public notice of the public sale. The public notice shall state:
(1) The date, time, and place of the public sale;
(2) The unpaid balance of the moneys owed to the mortgagee under the mortgage agreement;
(3) A description of the mortgaged property, including the address and the tax map key number of the mortgaged property;
(4) The name of the mortgagor and the borrower;
(5) The name of the foreclosing mortgagee;
(6) The name of any prior or junior creditors having a recorded lien on the mortgaged property before the recordation of the notice of default and intention to foreclose under section 667-23;
(7) The name, the address in the State, and the telephone number in the State of the person in the State conducting the public sale; and
(8) The terms and conditions of the public sale.
(b) The public notice shall also contain wording substantially similar to the following in all capital letters:
"THE DEFAULT UNDER THE MORTGAGE AGREEMENT MAY BE CURED NO LATER THAN THREE BUSINESS DAYS BEFORE THE DATE OF THE PUBLIC SALE OF THE MORTGAGED PROPERTY BY PAYING THE ENTIRE AMOUNT WHICH WOULD BE OWED TO THE FORECLOSING MORTGAGEE IF THE PAYMENTS UNDER THE MORTGAGE AGREEMENT HAD NOT BEEN ACCELERATED, PLUS THE FORECLOSING MORTGAGEE'S ATTORNEY'S FEES AND COSTS, AND ALL OTHER FEES AND COSTS INCURRED BY THE FORECLOSING MORTGAGEE RELATED TO THE DEFAULT, UNLESS OTHERWISE AGREED TO BETWEEN THE FORECLOSING MORTGAGEE AND THE BORROWER. THERE IS NO RIGHT TO CURE THE DEFAULT OR ANY RIGHT OF REDEMPTION AFTER THAT TIME. IF THE DEFAULT IS SO CURED, THE PUBLIC SALE SHALL BE CANCELED."
(c) If the default is not cured as required by the notice of default and intention to foreclose, the foreclosing mortgagee shall have a copy of the public notice of the public sale of the mortgaged property:
(1) Mailed or delivered to the mortgagor and the borrower at their respective last known addresses;
(2) Mailed or delivered to any prior or junior creditors having a recorded lien on the mortgaged property before the recordation of the notice of default and intention to foreclose under section 667-23;
(3) Mailed or delivered to the state director of taxation;
(4) Mailed or delivered to the director of finance of the county where the mortgaged property is located;
(5) Posted on the mortgaged property or on such other real property of which the mortgaged property is a part; and
(6) Mailed or delivered to any other person entitled to receive notice under section 667-5.5 or 667-21.5.
(d) The foreclosing mortgagee 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 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:
(A) If the mortgaged property is owned by an owner-occupant, the public notice shall be published on a website maintained by the department. The department shall publish the public notice pursuant to this subparagraph upon satisfaction of the filing requirements of section 667-76(b); and
(B) 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 1998, c 122, pt of §1; am L 2011, c 48, §26; am L 2012, c 182, §§20, 64, 69(5)]
Section: Previous 667-21.5 667-21.6 667-22 667-23 667-24 667-25 667-26 667-27 667-28 667-29 667-30 667-31 667-32 667-33 667-34-and-667-35 NextLast modified: October 27, 2016