CHAPTER 667

CHAPTER 667

FORECLOSURES

Part I. General Provisions

Section

667-1 Definitions

Part IA. Foreclosure by Action

667-1.5 Foreclosure by action

667-2 Other mortgagees joined

667-3 Proceeds, how applied

667-4 Defenses

667-5 Repealed

667-5.5 Foreclosure notice; planned communities;

condominiums; cooperative housing projects

667-5.7 to 8 Repealed

667-9 Dower barred, when

667-10 Power unaffected by transfer; surplus after sale

667-11 to 15 Repealed

667-17 Attorney affirmation in judicial foreclosure

667-18 Repealed

667-19 Association foreclosures; cure of default; payment

plan

667-20 Publication of notice of public sale

667-20.1 Postponement, cancellation of sale

Part II. Power of Sale Foreclosure Process

667-21 Power of sale process

667-21.5 Foreclosure notice; planned communities;

condominiums; cooperative housing projects

667-21.6 Repealed

667-22 Notice of default and intention to foreclose;

contents; distribution

667-23 Recordation of notice of default and intention

to foreclose

667-24 Cure of default

667-25 Date, place of public sale of mortgaged property

667-26 Repealed

667-27 Public notice of public sale; contents; distribution;

publication

667-28 Postponement, cancellation of sale

667-29 Authorized bidder; successful bidder

667-30 Successful bidder's failure to comply; forfeiture of

downpayment

667-31 Conveyance of property on payment of purchase price;

distribution of sale proceeds

667-32 Affidavit after public sale; contents

667-33 Recordation of affidavit, conveyance document; effect

667-34, 35 Repealed

667-36 Sale of property separately

667-37 Judicial action of foreclosure before public sale

667-38 Deficiency judgment against owner-occupant prohibited

667-39 Right to enforce this part

667-40 Use of power of sale foreclosure in certain

non-mortgage situations

667-41 Public information notice requirement

667-42 Repealed

Part III. Other Provisions

667-50 Repealed

667-51 Appeals

667-52 Buyer's choice of title insurer and escrow agent

667-53 Conversion to judicial foreclosure; residential

property; conditions

667-54 Petition for conversion; residential property;

Required contents

667-55 Notice of default and intention to foreclose;

residential property; required statement on

conversion

667-56 Prohibited conduct

667-57 Suspension of foreclosure actions by junior

lienholders

667-58 Valid notice; affiliate statement

667-59 Actions and communications with the mortgagor

in connection with a foreclosure

667-60 Unfair or deceptive act or practice; transfer of

title

Part IV. Time Share Interest Foreclosures

667-61 Repealed

667-62 Time share interest foreclosure under power of

sale; notice; affidavit after sale

667-63 Notice to mortgage creditors

667-64 Affidavit as evidence

667-65 Application of time share interest power of sale

requirements

Part V. Mortgage Foreclosure Dispute Resolution

667-71 Applicability

667-72 Repealed

667-73 Mortgage foreclosure dispute resolution program;

administration

667-74 Availability of dispute resolution required before

foreclosure

667-75 Notice of dispute resolution availability required

667-76 Mortgagee's filing of notice with department;

filing fee; electronic public notice of public sale

667-77 Notification to mortgagor by department

667-78 Owner-occupant's election of dispute resolution;

owner-occupant program fee; right to dispute

resolution waived

667-79 Notification of opening a dispute resolution case;

mortgagee's program fee

667-80 Parties; requirements; process

667-81 Outcome of dispute resolution; neutral's closing

report

667-82 Noncompliance with requirements; statement

667-83 Stay of nonjudicial foreclosure proceedings

667-84 Confidentiality

667-85 Neutral qualifications; status and liability

667-86 Mortgage foreclosure dispute resolution special fund

Part VI. Association Alternate Power of Sale

Foreclosure Process

667-91 Alternate power of sale process

667-92 Notice of default and intention to foreclose;

contents; distribution; alternative remedies for

failure to serve

667-93 Recordation of notice of default and intention to

foreclose

667-94 Cure of default

667-95 Date of public sale of unit; place of sale

667-96 Public notice of public sale; contents; distribution;

publication

667-97 Postponement, cancellation of sale

667-98 Authorized bidder; successful bidder

667-99 Successful bidder's failure to comply; forfeiture of

downpayment

667-100 Conveyance of property on payment of purchase price;

distribution of sale proceeds

667-101 Affidavit after public sale; contents

667-102 Recordation of affidavit, conveyance document; effect

667-103 Recordation; full satisfaction of debt by unit owner

667-104 Prohibited conduct

Note

As to procedural statutes superseded by the rules of court, see note preceding Title 32.

Chapter heading amended by L 2012, c 182, §3(4).

Cross References

Mortgage rescue fraud prevention act, see chapter 480E.

Secure and fair enforcement for mortgage licensing act, see chapter 454F.

Rules of Court

See Rules for Conversion of Non-Judicial Foreclosure Proceedings.

Law Journals and Reviews

Timesharing in the 1990s. I HBJ, no. 13, at 89 (1997).

Case Notes

Defendant's motion for summary judgment granted on count alleging violation of this chapter, where plaintiffs did not establish a genuine issue of material fact regarding the claim and further failed to state a claim for wrongful foreclosure. 907 F. Supp. 2d 1165 (2012).

In an action asserting wrongful foreclosure, where owners of a condominium apartment were foreclosed upon by their condominium association pursuant to the nonjudicial foreclosure procedure under this chapter in effect at that time, the district court predicted that the state supreme court would hold that the amendment in section 4 of Act 282, Session Laws of Hawaii 2019, regarding "power of sale" or "power of sale foreclosure" would not apply to wrongful foreclosure claims challenging foreclosures conducted under this chapter prior to the enactment of Act 282. 453 F. Supp. 3d 1334 (2020).

In an action asserting wrongful foreclosure, where owners of a condominium apartment were foreclosed upon by their condominium association pursuant to the nonjudicial foreclosure procedure under this chapter in effect at that time, the district court predicted that the state supreme court would hold that the amendment in section 3 of Act 282, Session Laws of Hawaii 2019, regarding liens placed by condominium associations for assessments that were unpaid by unit owners and foreclosed upon by action or by nonjudicial or power of sale foreclosure, regardless of the presence or absence of power of sale language in an association's governing documents, would not apply to wrongful foreclosure claims challenging foreclosures conducted under this chapter prior to the enactment of Act 282. 453 F. Supp. 3d 1334 (2020).

Where plaintiffs, owners of a condominium apartment, were foreclosed upon by their condominium association pursuant to the nonjudicial foreclosure procedure under this chapter in effect at that time, plaintiffs argued that Act 282, Session Laws of Hawaii 2019, which amended portions of this chapter, violated the separation of powers doctrine. District court found that Act 282 included the unusual feature of retroactive application of amendments essentially to revive a statutory scheme repealed seven years before Act 282 was enacted; and predicted that the state supreme court would hold that the legislature's attempt in Act 282 to circumvent judicial decisions that were not yet final judgments in wrongful foreclosure litigation challenging foreclosures conducted pursuant to this chapter did not violate the separation of powers doctrine and, thus, was not constitutionally barred. 453 F. Supp. 3d 1334 (2020).