Hawaii Revised Statutes 667. Mortgage Foreclosures

PART I. GENERAL PROVISIONS

• 667-1 Definitions.
  This Part I heading and §667-1 are new. Former Part I heading and §667-1 were renumbered as Part IA and §667-1.5, respectively. L 2012,...

PART IA. FORECLOSURE BY ACTION

• 667-1.5 Foreclosure by Action.
  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...
• 667-2 Other Mortgagees Joined.
  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...
• 667-3 Proceeds, How Applied.
  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...
• 667-4 Defenses.
  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...
• 667-5 Repealed.
  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...
• 667-5.5 Foreclosure Notice; Planned Communities; Condominiums; Cooperative Housing Projects.
  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...
• 667-5.7 Repealed.
  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...
• 667-6 Repealed.
  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...
• 667-7 Repealed.
  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...
• 667-8 Repealed.
  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...
• 667-9 Dower Barred, When.
  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...
• 667-10 Power Unaffected by Transfer; Surplus After Sale.
  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...
• 667-11 to 13 Repealed.
  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...
• 667-14 Repealed.
  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...
• 667-15 Repealed.
  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...
• 667-17 Attorney Affirmation in Judicial Foreclosure.
  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...
• 667-18 Attorney Affirmation in Judicial Foreclosure.
  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...
• 667-19 Association Foreclosures; Cure of Default; Payment Plan.
  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...
• 667-20 Publication of Notice of Public Sale.
  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...
• 667-20.1 Postponement, Cancellation of Sale.
  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...

PART II. POWER OF SALE FORECLOSURE PROCESS

• 667-21 Power of Sale Process.
  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....
• 667-21.5 Foreclosure Notice; Planned Communities; Condominiums; Cooperative Housing Projects.
  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....
• 667-21.6 Repealed.
  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....
• 667-22 Notice of Default and Intention to Foreclose; Contents; Distribution.
  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....
• 667-23 Recordation of Notice of Default and Intention to Foreclose.
  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....
• 667-24 Cure of Default.
  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....
• 667-25 Date, Place of Public Sale of Mortgaged Property.
  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....
• 667-26 Repealed.
  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....
• 667-27 Public Notice of Public Sale; Contents; Distribution; Publication.
  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....
• 667-28 Postponement, Cancellation of Sale.
  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....
• 667-29 Authorized Bidder; Successful Bidder.
  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....
• 667-30 Successful Bidder's Failure to Comply; Forfeiture of Downpayment.
  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....
• 667-31 Conveyance of Property on Payment of Purchase Price; Distribution of Sale Proceeds.
  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....
• 667-32 Affidavit After Public Sale; Contents.
  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....
• 667-33 Recordation of Affidavit, Conveyance Document; Effect.
  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....
• 667-34 and 667-35 Repealed.
  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....
• 667-36 Sale of Property Separately.
  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....
• 667-37 Judicial Action of Foreclosure Before Public Sale.
  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....
• 667-38 Deficiency Judgment Against Owner-Occupant Prohibited.
  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....
• 667-39 Right to Enforce This Part.
  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....
• 667-40 Use of Power of Sale Foreclosure in Certain Non- Mortgage Situations.
  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....
• 667-41 Public Information Notice Requirement.
  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....
• 667-42 Repealed.
  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....

PART III. OTHER PROVISIONS

• 667-50 Repealed.
  Part heading added by revisor pursuant to §23G-15. §667-50 REPEALED. L 2012, c 182, §59.
• 667-51 Appeals.
  Part heading added by revisor. [§667-51] Appeals. (a) Without limiting the class of orders not specified in section 641-1 from which appeals may also...
• 667-52 Buyer's Choice of Title Insurer and Escrow Agent.
  Part heading added by revisor. [§667-52] Buyer's choice of title insurer and escrow agent. (a) In connection with a judicial foreclosure or foreclosure by...
• 667-53 Conversion to Judicial Foreclosure; Residential Property; Conditions.
  Part heading added by revisor. §667-53 Conversion to judicial foreclosure; residential property; conditions. (a) An owner-occupant of a residential property that is subject to...
• 667-54 Petition for Conversion; Residential Property; Required Contents.
  Part heading added by revisor. §667-54 Petition for conversion; residential property; required contents. (a) A petition filed pursuant to section 667-53 shall contain at...
• 667-55 Notice of Default and Intention to Foreclose; Residential Property; Required Statement on Conversion.
  Part heading added by revisor. §667-55 Notice of default and intention to foreclose; residential property; required statement on conversion. (a) The foreclosure notice that...
• 667-56 Prohibited Conduct.
  Part heading added by revisor. §667-56 Prohibited conduct. It shall be a prohibited practice for any foreclosing mortgagee to engage in any of the...
• 667-57 Suspension of Foreclosure Actions by Junior Lienholders.
  Part heading added by revisor. §667-57 Suspension of foreclosure actions by junior lienholders. (a) Upon initiation of a foreclosure action pursuant to part IA...
• 667-58 Valid Notice; Affiliate Statement.
  Part heading added by revisor. §667-58 Valid notice; affiliate statement. (a) Any notices made pursuant to this chapter may be issued only by persons...
• 667-59 Actions and Communications With the Mortgagor in Connection With a Foreclosure.
  Part heading added by revisor. §667-59 Actions and communications with the mortgagor in connection with a foreclosure. A foreclosing mortgagee shall be bound by...
• 667-60 Unfair or Deceptive Act or Practice; Transfer of Title.
  Part heading added by revisor. §667-60 Unfair or deceptive act or practice; transfer of title. (a) Any foreclosing mortgagee who engages in any of...

PART IV. TIME SHARE INTEREST FORECLOSURES

• 667-61 Repealed.
  Part heading added by revisor pursuant to §23G-15. §667-61 REPEALED. L 2012, c 182, §60.
• 667-62 Time Share Interest Foreclosure Under Power of Sale; Notice; Affidavit After Sale.
  Part heading added by revisor pursuant to §23G-15. [§667-62] Time share interest foreclosure under power of sale; notice; affidavit after sale. (a) When a...
• 667-63 Notice to Mortgage Creditors
  Part heading added by revisor pursuant to §23G-15. §667-63 Notice to mortgage creditors. (a) A mortgage creditor having a mortgage lien on a time...
• 667-64 Affidavit As Evidence.
  Part heading added by revisor pursuant to §23G-15. [§667-64] Affidavit as evidence. If it appears by the affidavit filed under section 667-62(c) that the...
• 667-65 Application of Time Share Interest Power of Sale Requirements.
  Part heading added by revisor pursuant to §23G-15. [§667-65] Application of time share interest power of sale requirements. The requirements of sections 667-62 to...

PART V. MORTGAGE FORECLOSURE DISPUTE RESOLUTION

• 667-71 Applicability.
  (a) This part shall apply to nonjudicial foreclosures conducted by power of sale under part II, of residential real property that is occupied by...
• 667-72 Repealed.
  L 2012, c 182, §61.
• 667-73 Mortgage Foreclosure Dispute Resolution Program; Administration.
  (a) There is established in the department a mortgage foreclosure dispute resolution program to provide an owner-occupant an opportunity to negotiate an agreement that avoids...
• 667-74 Availability of Dispute Resolution Required Before Foreclosure.
  Before a public sale may be conducted pursuant to section 667-25 for a residential property that is occupied by an owner-occupant, the foreclosing mortgagee, at...
• 667-75 Notice of Dispute Resolution Availability Required.
  (a) A foreclosure notice served pursuant to section 667-22(e) shall include notice that the mortgagee is required, at the election of an owner-occupant, to participate...
• 667-76 Mortgagee's Filing of Notice With Department; Filing Fee; Electronic Public Notice of Public Sale.
  (a) Within three days after a mortgagee serves a foreclosure notice on an owner-occupant pursuant to section 667-22, the mortgagee shall file the foreclosure...
• 667-77 Notification to Mortgagor by Department.
  Within ten days after the mortgagee's filing of a notice of default and intention to foreclose with the department, the department shall mail a...
• 667-78 Owner-Occupant's Election of Dispute Resolution; Owner-Occupant Program Fee; Right to Dispute Resolution Waived
  . (a) An owner-occupant elects to participate in the mortgage foreclosure dispute resolution program by returning to the department: (1) The completed program election form...
• 667-79 Notification of Opening a Dispute Resolution Case; Mortgagee's Program Fee.
  (a) If an owner-occupant elects to participate in the mortgage foreclosure dispute resolution program, the department shall open a dispute resolution case. Within twenty...
• 667-80 Parties; Requirements; Process.
  (a) The parties to a dispute resolution process conducted under this part shall consist of the owner-occupant or the owner-occupant's representative, and the mortgagee...
• 667-81 Outcome of Dispute Resolution; Neutral's Closing Report.
  (a) Within ten days from the conclusion of the dispute resolution, the neutral shall file a closing report with the department, which verifies the parties'...
• 667-82 Noncompliance With Requirements; Statement.
  (a) The neutral's closing report shall indicate if the mortgagee or the owner-occupant failed to comply with requirements of the mortgage foreclosure dispute resolution program....
• 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...
• 667-84 Confidentiality.
  Personal financial information and other sensitive personal information, including information describing an individual's finances, income, assets, liabilities, net worth, bank balances, financial history or...
• 667-85 Neutral Qualifications; Status and Liability.
  A neutral shall possess sufficient knowledge in the areas of law, real estate, or finance and shall receive sufficient training to be able to...
• 667-86 Mortgage Foreclosure Dispute Resolution Special Fund.
  (a) There is established in the state treasury a special fund to be known as the mortgage foreclosure dispute resolution special fund to be...

PART VI. ASSOCIATION ALTERNATE POWER OF SALE
FORECLOSURE PROCESS

• 667-91 Alternate Power of Sale Process.
  The power of sale process in this part is an alternative process for associations to the foreclosure by action in part IA and the...
• 667-92 Notice of Default and Intention to Foreclose; Contents; Distribution; Alternative Remedies for Failure to Serve.
  (a) When a unit owner has failed to pay an assessment, and when the association intends to conduct a power of sale foreclosure under...
• 667-93 Recordation of Notice of Default and Intention to Foreclose.
  Before the deadline date in the notice of default and intention to foreclose, the notice may be recorded in a recordable form in a...
• 667-94 Cure of Default.
  (a) If the default is cured as required by the notice of default and intention to foreclose, or if the parties have agreed on...
• 667-95 Date of Public Sale of Unit; Place of Sale.
  (a) The public sale of the unit shall take place on the later of the following: (1) At least sixty days after the public...
• 667-96 Public Notice of Public Sale; Contents; Distribution; Publication.
  (a) The association shall prepare the public notice of the public sale. The public notice shall state: (1) The date, time, and place of...
• 667-97 Postponement, Cancellation of Sale.
  (a) The public sale may be either postponed or canceled by the association. Notice of the postponement or the cancellation of the public sale...
• 667-98 Authorized Bidder; Successful Bidder.
  Any person, including the association, shall be authorized to bid for the unit at the public sale and to purchase the unit. The highest...
• 667-99 Successful Bidder's Failure to Comply; Forfeiture of Downpayment.
  If the successful bidder later fails to comply with the terms and conditions of the public sale or fails to complete the purchase within...
• 667-100 Conveyance of Property on Payment of Purchase Price; Distribution of Sale Proceeds.
  (a) After the purchaser completes the purchase by paying the full purchase price and the costs for the purchase, the unit shall be conveyed...
• 667-101 Affidavit After Public Sale; Contents.
  (a) After the public sale is held, the association shall sign an affidavit under penalty of perjury: (1) Stating that the power of sale...
• 667-102 Recordation of Affidavit, Conveyance Document; Effect.
  (a) The affidavit required under section 667-101 and the conveyance document shall be recorded no earlier than ten days after the public sale is...
• 667-103 Recordation; Full Satisfaction of Debt by Unit Owner.
  Except as provided in section 667-92(f)(2), the recordation of both the conveyance document and the affidavit shall not operate as full satisfaction of the...
• 667-104 Prohibited Conduct.
  It shall be a prohibited practice for any association to engage in any of the following practices: (1) Holding a public sale on a...

Last modified: October 27, 2016