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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1840 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FORECLOSURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
The legislature finds that is has become common practice for a foreclosing
party not to record the commissioner's deed awarding a foreclosed property with
the State bureau of conveyances or land court until right before a sale of the
foreclosed property to a third party. The
real property taxes with interest that accrued during the interim will
eventually be paid upon sale to the third party. However, citizens and agencies are unable to
provide notice of nuisances occurring within the vacant foreclosed property as
required by part V of chapter 712, Hawaii Revised Statutes, regarding nuisance
abatement, or chapter 708, Hawaii Revised Statutes, regarding the notice
requirement for defense to trespass for purposes of nuisance abatement.
The purpose of this Act is to require a
mortgagee to record a writ of possession as soon as practicable in land court
or the bureau of conveyances.
SECTION 2. Chapter 667, Hawaii Revised Statutes, is amended by adding a new section to part IA be appropriately designated and to read as follows:
(b)
The writ of possession recorded pursuant to subsection (a) shall include
the name and address of the person or entity to whom notice is required by
chapters 708, 712, or any other chapter.
(c)
This section in no way circumvents or infringes on any other requirement
for the name and address of an agent for service of process."
SECTION 3. Section 501-118, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"[[](b)[]] In case of foreclosure by action, a certified
copy of the [final]:
(1) Final judgment of the court
confirming the sale may be filed or recorded with the
assistant registrar or the deputy after the time for appealing therefrom
has expired and the purchaser shall thereupon be entitled to the entry of a new
certificate[.]; or
(2) Writ of possession may be filed or
recorded with the assistant registrar or the deputy as soon as practicable."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Judicial Foreclosure; Writ of Possession; Recordation
Description:
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.