Report Title:

National Guard; Foreclosure; Court Proceeding

 

Description:

Prevents any court from commencing a proceeding to enforce a lien or foreclosure action against real property owned by a reservist of the United States Armed Forces or member of the Hawaii National Guard until that reservist or member is redeployed from active duty for a period of one year.  (SD1)

 

THE SENATE

S.B. NO.

1213

TWENTY-FIFTH LEGISLATURE, 2009

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CIVIL RELIEF FOR MILITARY RESERVE COMPONENT PERSONNEL.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 636, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§636‑    Extension of foreclosure.  If at any time a lien is entered against a reservist in any branch of the United States armed forces upon real property owned by the reservist, no proceeding may be commenced in any court to enforce the lien until one year after the person redeploys from active duty."

     SECTION 2.  Chapter 657D, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§657D‑    Extension of foreclosure.  If at any time a person in the Hawaii national guard defaults upon any obligation to make payments on a loan secured by a mortgage upon real property owned by the person, no proceeding may be commenced in any court to enforce the obligation arising out of nonpayment until one year after the person redeploys from active duty."

     SECTION 3.  Chapter 667, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§667‑    Extension of foreclosure.  If at any time a reservist in any branch of the United States armed forces defaults upon any obligation to make payments on a loan secured by a mortgage upon real property owned by the person, no proceeding may be commenced in any court to enforce the obligation arising out of nonpayment until one year after the person redeploys from active duty."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.