The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-07-02
Mortgage Foreclosures.

Mr.. EDITOR: regret that business en-
gagements yesterday should have de-
prived me OF the great benefit I might
have derived by listening to the discus
sion on motion to reconsider billrela-
tive to Mortgage Foreclosures. 1t seems
that might have heard the Honorable
T. r. Lucas hint that have been guilty
of dark and underhanded proceedings,
and might have learned from the Honor
able E. G. Macfarlane that have been
guilty of unprofessional conduct. can
have no doubt that the honorable gentle.
men, while they were saying these
things, consoled themselves with the re-
Election that "they shall not be held to
answer for any speech or debate made
in the Legislature in any Court or place
stitution). Perhaps these gentlemen
will pardon me if l now have my say,
although they might have heard it fully
the Judiciary Committee upon this bill.
When it first became necessary for
me to foreclose a mortgage in this
the statute which seemed to me little
blind With Mr.. Hatch, then my part
ner. the method of foreclosure which l
now follow, was fixed upon; as comply
ing with the statute and fully carrying
out the general Law regarding foreclos-
ures, which requires that everything
shall be done to protect the rights and
interests of the land owner or mort
I'll of nj
| intention to foreclose may be given with
no reference at all to the lands to be
sold; and then notice of sale describ-
| ing the land might be posted for day or
| two. and on sale, because of the short
| notice, the land might be sacrificed very
easily, and yet the sale be strictly legal.
| We felt that such could not be the in
| tent of the law and so prepared the
| notice of intention to foreclose and sell
I which has been uniformly used by me
ever since. 1 claim that it is the only
way by which the rights Of the mort
gagor can be protected at once simply,
| clearly and at the least expense to him,
for the mortgagor bears the cost of fore
closure. The affidavit on foreclosure
must be made and filed by the
mortgage within certain time.
| have caused them to be prepared
by the person who acted for the mOrtga-
gee, who only could swear to the facts
on his personal knowledge. The method
thus pursued by me has resulted in al
possible advantage to the land owners
and has been attended with the least
possible expense to them. Some of the
lawyers here, however, thought differ
emily and have pursued q different
method, which is more expensive and
more cumbersome, and more liable tC
omission and error. Recently doubt
has been raised as to title of purchasers
under my method of foreclosure, on the
ground that it did not comply with the
statute. OF course this was very serious
matter, as everyone is naturally very
sensitive as to the title to his property
I therefore talked it over with Judge
Preston, who, while he thought my sys
tenn was probably correct, recognized the
danger of uncertainty as to title, and sug
gested q statute declaration OF the Inten
of the law and to ratify and confirm al
foreclosures, etc. l glanced at his Ac
of 1876 relative to Probate Courts anG
drew the statute introduced by MIR
Baldwin in this session declarative of The
intent of the Act OF 1874.
Curiously enough, just after had pre-
pared the bill, or subsequent to its intro
duction, case arose in the Supreme
Court involving the very point covered
by the statute. l appeared for the de
PENDANT in support OF my own method o
foreclosure, and gained the case befor'
Mr.. Justice Bickerton. 1t was appeale,
to the full Court, and the Honorable Mr.
Lucas and the Honorable MIR. Macfar
lane will, hope, pardon me if observe
that several days before they chose Il
impugn my professional character AM
conduct before the Legislature, the Cour
in Banco unanimously sustained an
affirmed the judgment of Mr.. Justic
Bickerton and thereby declared m.
method of foreclosure to be legal. Still
trust that the Legislature will pass an
His Majesty sign the bill, for too grea
safeguards cannot be thrown around rea
estate titles in this or any other country
w. r. CASTLE.
Honolulu, July l, 1890.