Cross References
Publication, how made, see §601-13.
Further provisions as to notice, affidavit, see §667-7.
Case Notes
Mortgagee in exercising power must not oppress debtor or sacrifice the estate. 5 H. 262. As to duty to sell in parcels, see 17 H. 49. Foreclosure not barred because statute of limitations has run against note but no deficiency judgment can be entered. 17 H. 49; 20 H. 620. Foreclosure barred, by analogy, by statute applicable to real actions. 15 H. 507. Ejectment and not bill in equity proper remedy for purchaser at sale under power, to obtain possession. 14 H. 515. Mere filing of bankruptcy petition between date of publication and date of sale does not invalidate sale but bankruptcy court may enjoin sale. 7 F.2d 576.
Acts to be done by mortgagee not required to be done personally. 8 H. 108.
Publication in Hawaiian no longer required. 22 H. 183.
Constitutionality. 17 H. 49; 17 H. 528, 534. Validity of sale; provisions of power of sale must be followed. 5 H. 262; 17 H. 49. Redemption; no statute authorizes redemption after sale, and hence no right of redemption exists. 15 H. 271.
Chattel mortgages, duty to obtain best price. 35 H. 158.