reglab/housing_qa huggingface dataset:
HI Rev Stat § 667-56 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-56 Prohibited conduct.

  §667-56 Prohibited conduct. It shall be a prohibited practice for any foreclosing mortgagee to engage in any of the following practices:  (1) Holding a public sale on a date, at a time, or at a place other than that described in the public notice of the public sale or a properly noticed postponement;  (2) Specifying a fictitious place in the public notice of the public sale;  (3) Conducting a postponed public sale on a date other than the date described in the new public notice of the public sale;  (4) Delaying the delivery of the recorded, conformed copy of the conveyance document to a bona fide purchaser who purchases in good faith for more than sixty days after the completion of the public sale;  (5) Completing nonjudicial foreclosure proceedings during short sale escrows with a bona fide purchaser if the short sale offer is at least ten per cent greater than the public sale price; provided that escrow is opened within ten days and closed within forty-five days of the public sale; and provided further that a bona fide short sale purchaser shall have priority over any other purchaser;  (6) Completing nonjudicial foreclosure proceedings during bona fide loan modification negotiations with the mortgagor; or  (7) Completing nonjudicial foreclosure proceedings against a mortgagor who has been accepted or is being evaluated for consideration for entry into any federal loan modification program before obtaining a certificate or other documentation confirming that the mortgagor is no longer eligible for, or an active participant of, that federal program. [L 2011, c 48, pt of §6; am L 2012, c 182, §30]
HI Rev Stat § 667-57 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-57 Suspension of foreclosure actions by junior lienholders.

  §667-57 Suspension of foreclosure actions by junior lienholders. (a) Upon initiation of a foreclosure action pursuant to part IA or part II by a foreclosing mortgagee, no junior lienholder, except for an association, shall be permitted to initiate or continue a nonjudicial foreclosure until the foreclosure initiated by the foreclosing mortgagee has been concluded by a judgment issued by a court pursuant to section 667-1.5, the recording of an affidavit after public sale pursuant to section 667-33, or the filing of an agreement under the mortgage foreclosure dispute resolution provisions of section 667-81; provided that if pursuant to part IA or part VI:  (1) An association forecloses on a unit occupied by one or more mortgagors for whom the unit is and has been the person's primary residence for a continuous period of not less than two hundred days immediately preceding the date on which the notice is served; and  (2) The mortgagee subsequently forecloses its lien on the same property, those mortgagors shall be deemed to be owner-occupants, as defined in section 667-1, for the purpose of section 667-38 and shall retain their right to require the foreclosing mortgagee to participate in the procedures established under part V, notwithstanding the association's foreclosure.  (b) Upon initiation of a foreclosure action pursuant to part II by a foreclosing mortgagee, no junior lienholder, except for an association, shall be permitted to initiate or continue a nonjudicial foreclosure during the pendency of a stay pursuant to section 667-83; provided that a junior lienholder may initiate or continue with a nonjudicial foreclosure if the junior lien foreclosure was initiated before the foreclosure action by the foreclosing mortgagee and if pursuant to part IA or part VI:  (1) An association forecloses on a unit occupied by one or more mortgagors for whom the unit is and has been the person's primary residence for a continuous period of not less than two hundred days immediately preceding the date on which the notice is served; and  (2) The mortgagee subsequently forecloses its lien on the same property, those mortgagors shall be deemed to be owner-occupants, as defined in section 667-1, for the purpose of section 667-38 and shall retain their right to require the foreclosing mortgagee to participate in the procedures established under part V, notwithstanding the association's foreclosure. [L 2011, c 48, pt of §6; am L 2012, c 182, §31; am L 2013, c 197, §3]
HI Rev Stat § 667-58 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-58 Valid notice; affiliate statement.

  §667-58 Valid notice; affiliate statement. (a) Any notices made pursuant to this chapter may be issued only by persons authorized by a foreclosing mortgagee or lender pursuant to an affiliate statement signed by that foreclosing mortgagee or lender and recorded at the bureau of conveyances identifying the agency or affiliate relationship and the authority granted or conferred to that agent or representative.  (b) The bureau of conveyances document number for the affiliate statement required under subsection (a) shall be included in any notice required to be personally served upon the mortgagor or borrower under this chapter.  (c) Any notice provided by a mortgage servicer, including an agent, employee, or representative of that mortgage servicer, shall be issued only by a mortgage servicer that has been listed in the affiliate statement filed by the foreclosing mortgagee or lender under subsection (a); provided further that the mortgage servicer shall be licensed under or otherwise exempt from chapter 454M. The agency relationship or affiliation of the mortgage servicer and the foreclosing mortgagee or lender and any authority granted or conferred to that mortgage servicer shall be described in the affiliate statement filed under both subsection (a) and section 454M-5(b)(5)(F).  (d) No attorney of a mortgage servicer, foreclosing mortgagee, or lender shall be required to be included in any affiliate statement of a foreclosing mortgagee or lender. No notice or other correspondence made by any attorney for the foreclosing mortgagee or lender shall be required to reference any affiliate statement made by the foreclosing mortgagee or lender. Any notice or other correspondence made by any attorney for a mortgage servicer shall reference, in accordance with subsection (b), the appropriate affiliate statement of the foreclosing mortgagee or lender authorizing the mortgage servicer to act. [L 2011, c 48, pt of §6; am L 2012, c 182, §32; am L 2015, c 62, §8]
HI Rev Stat § 667-59 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-59 Actions and communications with the mortgagor in connection with a foreclosure.

  §667-59 Actions and communications with the mortgagor in connection with a foreclosure. A foreclosing mortgagee shall be bound by all agreements, obligations, representations, or inducements made on its behalf by its agents, including but not limited to its employees, representatives, mortgage servicers, or persons authorized by a foreclosing mortgagee or lender pursuant to an affiliate statement recorded in the bureau of conveyances pursuant to section 667-58. [L 2011, c 48, pt of §6; am L 2012, c 182, §33]
HI Rev Stat § 667-61 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-61 REPEALED.

Revision Note Part heading added pursuant to §23G-15.  §667-61 REPEALED. L 2012, c 182, §60.
HI Rev Stat § 667-62 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-62 Time share interest foreclosure under power of sale; notice; affidavit after sale.

 §667-62 Time share interest foreclosure under power of sale; notice; affidavit after sale. (a) When a power of sale is contained in a mortgage of a time share interest, the mortgagee or the mortgagee's successor in interest or any person authorized by the power to act in the premises, upon a breach of the condition, may foreclose upon the mortgage by:   (1) Giving notice of the intention to foreclose the mortgage and of the sale of the mortgaged time share interest by:  (A) Certified mail, return receipt requested, to the mortgagor at the mortgagor's last known address, for mortgagors whose address is within the United States; or  (B) Mail to the mortgagor at the mortgagor's last known address, for mortgagors whose address is outside the United States; and  (C) Publication once in each of three successive weeks (three publications), the last publication to be not less than fourteen days before the day of sale, in a newspaper of general circulation in the county in which the mortgaged time share interest lies; and  (2) Giving such notices and [doing] all such acts as are authorized or required by the power contained in the mortgage. Copies of the notice shall be filed with the state director of taxation and shall be posted on the premises of the time share interest not less than twenty-one days before the day of sale.  (b) The day of sale may be at any time after four weeks from the date of publication of the first notice pursuant to subsection (a)(1). Any sale of which notice has been given pursuant to subsection (a) may be postponed from time to time by public announcement made by the mortgagee or by some person acting on the mortgagee's behalf.  (c) Within thirty days after selling the time share interest pursuant to the power of sale, the mortgagee shall file a copy of the notice of sale and the mortgagee's affidavit in the bureau of conveyances. The affidavit may lawfully be made by any person duly authorized to act for the mortgagee and in such capacity conducting the foreclosure, and shall set forth the mortgagee's acts in the time share interest fully and with particularity. The notice may contain a description of the mortgaged time share interest and the time and place proposed for its sale.  (d) The affidavit and copy of the notice shall be recorded and indexed by the registrar of conveyances as provided in chapter 501 or 502, as the case may be. [L 2005, c 82, pt of §1] Revision Note  Pursuant to §23G-15, in:  (1) Subsection (a)(1), comma deleted after "the mortgage"; and  (2) Subsection (a)(2), "do" changed to "doing".
HI Rev Stat § 667-63 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-63 Notice to mortgage creditors

 §667-63 Notice to mortgage creditors. (a) A mortgage creditor having a mortgage lien on a time share interest who desires notice that another mortgage creditor having a mortgage lien on the time share interest intends to foreclose and sell the mortgaged time share interest, pursuant to the power of sale under section 667-62, may submit a written request to the mortgagee who is foreclosing or who may foreclose the mortgage by power of sale, asking to receive notice of the mortgagee's intention to foreclose the mortgage under section 667-62. The request for notice:  (1) May be submitted any time after the recordation of the subject mortgage; provided that the request is submitted prior to completion of publication of notice of the intention to foreclose the mortgage and of the sale of the mortgaged time share interest;  (2) Shall be signed by the mortgage creditor desiring to receive notice, or its authorized representative; and  (3) Shall specify the name and address of the person to whom the notice is to be mailed.  (b) The mortgagee receiving the request shall thereafter give notice to all mortgage creditors who have timely submitted their request. The notice shall be sent by mail or otherwise communicated to the mortgage creditors not less than seven calendar days prior to the day of sale.  (c) No request for a copy of any notice pursuant to this section nor any statement or allegation in any such request nor any record thereof shall affect the title to the time share interest or be deemed notice to any person that any party requesting copy of the notice has or claims any right, title, or interest in, or lien or charge upon the time share interest described in the mortgage referred to therein. [L 2005, c 82, pt of §1; am L 2012, c 182, §35]
HI Rev Stat § 667-64 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-64 Affidavit as evidence.

 §667-64 Affidavit as evidence. If it appears by the affidavit filed under section 667-62(c) that the affiant has in all respects complied with the requirements of the power of sale and section 667-62 in relation to all things to be done by the affiant before selling the time share interest, a certified copy of the record thereof shall be admitted as evidence that the power of sale was duly executed. [L 2005, c 82, pt of §1]
HI Rev Stat § 667-65 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-65 Application of time share interest power of sale requirements.

 §667-65 Application of time share interest power of sale requirements. The requirements of sections 667-62 to 667-64 shall apply only to time share interest mortgages, loans, agreements, and contracts that contain the power of sale. [L 2005, c 82, pt of §1]
HI Rev Stat § 667-71 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-71 Applicability.

 §667-71 Applicability. (a) This part shall apply to nonjudicial foreclosures conducted by power of sale under part II, of residential real property that is occupied by one or more mortgagors who are owner-occupants.  (b) This part shall not apply to actions by an association to foreclose on a lien for amounts owed to the association that arise under a declaration filed pursuant to chapter 421J or 514B or any predecessor to chapter 514B or to a mortgagor who has previously participated in dispute resolution under this part for the same property on the same mortgage loan.  (c) This part shall not apply to a power of sale foreclosure that has been converted to a judicial foreclosure action pursuant to section 667-53. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §36, 49; am L 2017, c 181, §43]
HI Rev Stat § 667-72 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-72 REPEALED.

  §667-72 REPEALED. L 2012, c 182, §61.
HI Rev Stat § 667-73 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-73 Mortgage foreclosure dispute resolution program; administration.

  §667-73 Mortgage foreclosure dispute resolution program; administration. (a) There is established in the department a mortgage foreclosure dispute resolution program to provide an owner-occupant an opportunity to negotiate an agreement that avoids foreclosure or mitigates damages in cases where foreclosure is unavoidable.  (b) The judiciary, through the center for alternative dispute resolution, shall provide assistance to the department in program matters including:  (1) Contract procurement;  (2) Performance oversight, such as monitoring compliance with the program requirements; and  (3) Management services to oversee any contract between the department and a private organization retained by the department to provide dispute resolution services or personnel, including providing the department with monthly status reports and evaluations. The department and the judiciary shall execute a memorandum of understanding that establishes their rights and responsibilities relating to the mortgage foreclosure dispute resolution program, which may be amended from time to time.  (c) The department is authorized to contract with county, state, or federal agencies, and with private organizations, approved housing counselors, and approved budget and credit counselors for the performance of any of the functions of this part. These contracts shall not be subject to chapter 103D or 103F. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §37, 49]
HI Rev Stat § 667-74 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-74 Availability of dispute resolution required before foreclosure.

  §667-74 Availability of dispute resolution required before foreclosure. Before a public sale may be conducted pursuant to section 667-25 for a residential property that is occupied by an owner-occupant, the foreclosing mortgagee, at the election of the owner-occupant, shall participate in the mortgage foreclosure dispute resolution program under this part to attempt to negotiate an agreement that avoids foreclosure or mitigates damages in cases where foreclosure is unavoidable. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §38, 49]
HI Rev Stat § 667-75 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-75 Notice of dispute resolution availability required.

  §667-75 Notice of dispute resolution availability required. (a) A foreclosure notice served pursuant to section 667-22(e) shall include notice that the mortgagee is required, at the election of an owner-occupant, to participate in the mortgage foreclosure dispute resolution program pursuant to this part to attempt to avoid foreclosure or to mitigate damages where foreclosure is unavoidable.  (b) The notice required by subsection (a) shall be printed in not less than fourteen-point font and include:  (1) The name and contact information of the mortgagor and the mortgagee;  (2) The subject property address and legal description, including tax map key number and the certificate of title or transfer certificate of title number if registered in the land court;  (3) The name and contact information of a person or entity authorized to negotiate a loan modification on behalf of the mortgagee;  (4) A statement that the mortgagor shall consult with an approved housing counselor or an approved budget and credit counselor at least thirty days prior to the first day of a scheduled dispute resolution session;  (5) Contact information for all approved housing counselors;  (6) Contact information for all approved budget and credit counselors;  (7) A statement that the mortgagor electing to participate in the mortgage foreclosure dispute resolution program shall provide a certification under penalty of perjury to the department that the mortgagor is an owner-occupant of the subject property, including supporting documentation;  (8) A general description of the information that an owner-occupant electing to participate in the mortgage foreclosure dispute resolution program is required to provide to participate in the program as described under section 667-80(c)(2);  (9) A statement that the owner-occupant shall elect to participate in the mortgage foreclosure dispute resolution program pursuant to this part no later than thirty days after the department's mailing of the notice or the right shall be waived. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §39, 49]
HI Rev Stat § 667-76 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-76 Mortgagee's filing of notice with department; filing fee; electronic public notice of public sale.

  §667-76 Mortgagee's filing of notice with department; filing fee; electronic public notice of public sale. (a) Within three days after a mortgagee serves a foreclosure notice on an owner-occupant pursuant to section 667-22, the mortgagee shall file the foreclosure notice with the department and pay a filing fee of $250, which shall be deposited into the mortgage foreclosure dispute resolution special fund established under section 667-86.  (b) A mortgagee who elects to publish a public notice of public sale electronically pursuant to section 667-27(d)(2)(A) shall publish the notice by filing the same with the department and paying a filing fee of $300, which shall be deposited into the mortgage foreclosure dispute resolution special fund established under section 667-86. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §40, 49]
HI Rev Stat § 667-77 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-77 Notification to mortgagor by department.

  §667-77 Notification to mortgagor by department. Within ten days after the mortgagee's filing of a notice of default and intention to foreclose with the department, the department shall mail a written notification by registered or certified mail to the mortgagor that a notice of default and intention to foreclose has been filed with the department. The notification shall inform the mortgagor of an owner-occupant's right to elect to participate in the foreclosure dispute resolution program and shall include:  (1) Information about the mortgage foreclosure dispute resolution program;  (2) A form for an owner-occupant to elect or to waive participation in the mortgage foreclosure dispute resolution program pursuant to this part that shall contain instructions for the completion and return of the form to the department and the department's mailing address;   (3) A statement that the mortgagor electing to participate in the mortgage foreclosure dispute resolution program shall provide a certification under penalty of perjury to the department that the mortgagor is an owner-occupant of the subject property, including a description of acceptable supporting documentation as required by section 667-78(a)(2);   (4) A statement that the owner-occupant shall elect to participate in the mortgage foreclosure dispute resolution program pursuant to this part no later than thirty days after the department's mailing of the notice or the owner-occupant shall be deemed to have waived the option to participate in the mortgage foreclosure dispute resolution program;  (5) A description of the information required under section 667-80(c)(2) that the owner-occupant shall provide to the mortgagee and the neutral assigned to the dispute resolution;  (6) A statement that the owner-occupant shall consult with an approved housing counselor or approved budget and credit counselor at least thirty days prior to the first day of a scheduled dispute resolution session;  (7) Contact information for all approved housing counselors;  (8) Contact information for all approved budget and credit counselors; and  (9) Contact information for the department. The notification shall be mailed to the subject property address and any other addresses for the mortgagor as provided in the mortgagee's notice of dispute resolution under section 667-75 and the foreclosure notice under section 667-22(a). [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §41, 49]