HRS 0667-0005 ANNOTATIONS

Cross References

Publication, how made, see §601-13.

Further provisions as to notice, affidavit, see §667-7.

Law Journals and Reviews

Hawai`i 2000 Report Regarding Lawyers' Opinion Letters in Mortgage Loan Transactions. 22 UH L. Rev. 347.

Mortgagor Protection Laws: A Proposal for Mortgage Foreclosure Reform in Hawai`i. 24 UH L. Rev. 245.

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.

Plaintiff-appellant challenged this statute as violating the due process clause of the Fourteenth Amendment; district court's dismissal of the case for failure to state a claim because the sale was a purely private remedy and involved no state action, affirmed. 324 F.3d 1091.

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.

 

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