reglab/housing_qa huggingface dataset:
HI Rev Stat § 667-78 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-78 Owner-occupant's election of dispute resolution; owner-occupant program fee; right to dispute resolution waived

  §667-78 Owner-occupant's election of dispute resolution; owner-occupant program fee; right to dispute resolution waived. (a) An owner-occupant elects to participate in the mortgage foreclosure dispute resolution program by returning to the department:  (1) The completed program election form provided:  (A) Pursuant to section 667-77(2); or  (B) On a website maintained by the department;  (2) Certification under penalty of perjury that the mortgagor is an owner-occupant, accompanied with any supporting documentation, including copies of recent utility billing statements, voter registration records, real estate property tax records, or state identification forms; and  (3) A program fee of $300. The completed form and fees shall be received by the department no later than thirty days after mailing of the department's notification pursuant to section 667-77.  (b) If the completed form and fee are not received within the required time period, the owner-occupant shall be deemed to have waived any right to participate in the mortgage foreclosure dispute resolution program with respect to the subject property and the foreclosure notice filed with the department.  (c) If the owner-occupant does not elect to participate in dispute resolution pursuant to this part, the department shall notify the mortgagee within ten days of receiving an election form indicating nonelection or the termination of the thirty-day time period for election. After receiving the department's notification, the mortgagee may proceed with the nonjudicial foreclosure process according to the process provided in part II of this chapter. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §42, 49]
HI Rev Stat § 667-79 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-79 Notification of opening a dispute resolution case; mortgagee's program fee.

  §667-79 Notification of opening a dispute resolution case; mortgagee's program fee. (a) If an owner-occupant elects to participate in the mortgage foreclosure dispute resolution program, the department shall open a dispute resolution case. Within twenty days of receipt of the owner-occupant's election form and fee in accordance with section 667-78, the department shall mail written notification of the case opening to the parties and, if applicable, the condominium or other homeowner association of the project where the owner-occupant's property is located, by registered mail, return receipt requested, which shall include:  (1) Notification of the date, time, and location of the dispute resolution session;  (2) An explanation of the dispute resolution process;  (3) Information about the dispute resolution program requirements; and  (4) Consequences and penalties for noncompliance. The dispute resolution session shall be scheduled for a date no less than forty and no more than seventy days from the date of the notification of case opening, unless mutually agreed to by the parties and the neutral.  (b) Within fourteen days of the date of the mailing of the written notification, the mortgagee shall pay a program fee of $300 to the department.  (c) The written notification of a case opening under this section shall operate as a stay of the foreclosure proceeding in accordance with section 667-83 and may be recorded. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §43, 49]
HI Rev Stat § 667-82 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-82 Noncompliance with requirements; statement.

  §667-82 Noncompliance with requirements; statement. (a) The neutral's closing report shall indicate if the mortgagee or the owner-occupant failed to comply with requirements of the mortgage foreclosure dispute resolution program.  (1) In the case of the mortgagee, failure to comply with the requirements of the program may consist of:  (A) Participation in dispute resolution without the authority to negotiate a loan modification or without access at all stages of the dispute resolution process to a person who is so authorized;  (B) Failure to provide the required information or documents;  (C) Refusal to cooperate or participate in dispute resolution; or  (D) Refusal or failure to pay program fees under section 667-79 in a timely manner.  (2) In the case of the owner-occupant, failure to comply with the requirements of the program may consist of:  (A) Failure to provide the required information or documents; or  (B) Refusal to cooperate or participate in dispute resolution;  provided that failure by the mortgagee and the owner-occupant to reach an agreement to resolve the dispute shall not constitute failure by the mortgagee or the owner-occupant to comply with the requirements of the mortgage foreclosure dispute resolution program.  (b) If the neutral determines that the noncompliance was unjustified as a result of circumstances within a party's control, sanctions may be imposed on the noncompliant party as follows:  (1) Sanctions against a mortgagee for unjustified noncompliance with the program shall include a stay of the foreclosure under section 667-83 and a fine payable to the owner-occupant not to exceed $1,500; or  (2) Sanctions against an owner-occupant for unjustified noncompliance with the program shall include a removal of the stay of the foreclosure pursuant to section 667-83(b) and a fine payable to the mortgagee not to exceed $1,500. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §46, 49]
HI Rev Stat § 667-83 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-83 Stay of nonjudicial foreclosure proceedings.

  §667-83 Stay of nonjudicial foreclosure proceedings. (a) The written notification of a case opening under section 667-79 shall operate as a stay of the foreclosure proceeding and may be recorded; provided that:  (1) The written notification shall not act as a stay on a foreclosure proceeding by an association; and  (2) The written notification shall not act as a stay on a foreclosure proceeding for the purpose of the date by which the default must be cured pursuant to section 667-22(a)(6).  (b) Upon a stay pursuant to subsection (a), a mortgagee shall not foreclose upon a mortgage:  (1) Until the neutral's report confirming either that the parties have been unable to reach an agreement under section 667-81(b) or the parties have reached an agreement that authorizes foreclosure under section 667-81(c) or (d) is filed with the department;   (2) If a statement of noncompliance has been issued against the mortgagee pursuant to section 667-82; or  (3) Unless otherwise provided by law or court order. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §47, 49; am L 2013, c 197, §4]
HI Rev Stat § 667-84 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-84 Confidentiality.

  §667-84 Confidentiality. Personal financial information and other sensitive personal information, including information describing an individual's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness which is disclosed by the parties in the course of the mortgage foreclosure dispute resolution program, shall be confidential and not subject to public disclosure under chapter 92F or any other state law. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, §49]
HI Rev Stat § 667-85 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-85 Neutral qualifications; status and liability.

  §667-85 Neutral qualifications; status and liability. [(a)] A neutral shall possess sufficient knowledge in the areas of law, real estate, or finance and shall receive sufficient training to be able to effectuate the purposes of this part.  [(b)] A neutral shall not be liable for any act or omission that occurs in relation to the administration or operation of the mortgage foreclosure dispute resolution program. A neutral shall not be a necessary party to, called as a witness in, or subject to any subpoena duces tecum for the production of documents in any arbitral, judicial, or administrative proceeding that arises from or relates to the mortgage foreclosure dispute resolution program. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, §49]
HI Rev Stat § 667-86 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-86 Mortgage foreclosure dispute resolution special fund.

  §667-86 Mortgage foreclosure dispute resolution special fund. (a) There is established in the state treasury a special fund to be known as the mortgage foreclosure dispute resolution special fund to be administered by the department to implement and operate the mortgage foreclosure dispute resolution program established by this part. Moneys collected as fees or fines under sections 454M-10, 667-76, 667-78, 667-79, and 667-53, for the mortgage dispute resolution program and contributions from the sources identified under subsection (b) shall be deposited in the fund. Interest earned from the balance of the fund shall become a part of the fund.  (b) All persons who record an affidavit in the office of the assistant registrar of the land court, pursuant to section 501-118, or who record a conveyance document in the bureau of conveyances for an owner-occupied property subject to a nonjudicial power of sale foreclosure shall pay a fee of $100, which shall be deposited into the mortgage foreclosure dispute resolution special fund on a quarterly basis. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §48, 49]
HI Rev Stat § 667-91 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-91 Alternate power of sale process.

  §667-91 Alternate power of sale process. The power of sale process in this part is an alternative process for associations to the foreclosure by action in part IA and the foreclosure by power of sale in part II. [L 2012, c 182, pt of §3(2)]
HI Rev Stat § 667-93 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-93 Recordation of notice of default and intention to foreclose.

  §667-93 Recordation of notice of default and intention to foreclose. Before the deadline date in the notice of default and intention to foreclose, the notice may be recorded in a recordable form in a manner similar to recordation of notices of pendency of action under section 501-151 or section 634-51, or both, as applicable. The recorded notice of default and intention to foreclose shall have the same effect as a notice of pendency of action. From and after the recordation of the notice of default and intention to foreclose, any person who becomes a purchaser or encumbrancer of the unit shall be deemed to have constructive notice of the power of sale foreclosure and shall be bound by the foreclosure. [L 2012, c 182, pt of §3(2)]
HI Rev Stat § 667-94 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-94 Cure of default.

  §667-94 Cure of default. (a) If the default is cured as required by the notice of default and intention to foreclose, the association shall rescind the notice of default and intention to foreclose. If, pursuant to section 667-92(c), the parties agree on a payment plan to cure the default, the notice of default and intention to foreclose shall be put on hold until the payment plan is completed. Within fourteen days of the date of the cure or an agreement on a payment plan, the association shall so notify any person who was served with the notice of default and intention to foreclose. If the default is cured, or the payment plan is completed according to its terms, and the notice of default and intention to foreclose was recorded, a release of the notice of default and intention to foreclose shall be recorded.  (b) If the default is not cured as required by the notice of default and intention to foreclose, the parties have not agreed on a payment plan, or the parties have agreed on a payment plan but a default occurs under the payment plan, the association, without filing a court action and without going to court, may foreclose the association's lien under power of sale to sell the unit at a public sale.  (c) If the parties have agreed on a payment plan to prevent a foreclosure from proceeding, any unpaid fines the association imposes on the unit owner while the payment plan is in effect shall not be deemed a default under the payment plan. As long as the unit owner is not otherwise in default under the payment plan, the:  (1) Association shall notify the unit owner in writing of the right to mediation;  (2) Fines and any attorneys' fees incurred with respect to such fines shall not be deducted from the unit owner's payments pursuant to the payment plan; and  (3) Parties shall attempt to resolve a dispute over fines and attorneys' fees, if any, through mediation, within thirty days of the association's written notice. If the unit owner refuses to participate in mediation or defaults under the payment plan, or the parties are unable to resolve the dispute through mediation, the association may then commence foreclosure proceedings. [L 2012, c 182, pt of §3(2); am L 2018, c 195, § §2, 6; am L 2020, c 56, §2]
HI Rev Stat § 667-95 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-95 Date of public sale of unit; place of sale.

  §667-95 Date of public sale of unit; place of sale. (a) The public sale of the unit shall take place on the later of the following:  (1) At least sixty days after the public notice of the public sale is distributed under section 667-96; or  (2) At least fourteen days after the date of the publication of the third public notice advertisement under section 667-96(d).  (b) The public sale of the unit shall be held only in the county where the unit is located; provided that the public sale shall be held only on grounds or at facilities under the administration of the State, as follows:  (1) At the state capitol, for a public sale of a unit located in the city and county of Honolulu;  (2) At a state facility in Hilo, for a public sale of a unit located in the districts of Hamakua, north Hilo, south Hilo, or Puna;  (3) At a state facility in Kailua-Kona, for a public sale of a unit located in the districts of north Kohala, south Kohala, north Kona, south Kona, or Kau;  (4) At a state facility in the county seat of Maui, for a public sale of a unit located in the county of Maui; and  (5) At a state facility in the county seat of Kauai, for a public sale of a unit located in the county of Kauai; as designated by the department of accounting and general services; provided further that no public sale shall be held on grounds or at facilities under the administration of the judiciary. The public sale shall be held during business hours on a business day.  (c) The public sale of the unit shall be conducted by the association on the date, at the time, and at the place described in the public notice of the public sale. [L 2012, c 182, pt of §3(2)]
HI Rev Stat § 667-97 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-97 Postponement, cancellation of sale.

  §667-97 Postponement, cancellation of sale. (a) The public sale may be either postponed or canceled by the association. Notice of the postponement or the cancellation of the public sale shall be:  (1) Announced by the association at the date, time, and place of the last scheduled public sale; and  (2) Provided to any other person who is entitled to receive the notice of default under section 667-92.  (b) If there is a postponement of the public sale of the unit, a new public notice of the public sale shall be published once in the format described in section 667-96. The new public notice shall state that it is a notice of a postponed sale. The public sale shall take place no sooner than fourteen days after the date of the publication of the new public notice. Not less than fourteen days before the date of the public sale, a copy of the new public notice shall be posted on the unit or on another real property of which the unit is a part, and it shall be mailed or delivered to the unit owner and to any other person entitled to receive notice under section 667-92(e).  (c) Upon the fourth postponement of every series of four consecutive postponements, the association shall follow all of the public notice of public sale requirements of section 667-96, including the requirements of mailing and posting under section 667-96(c) and of publication under section 667-96(d).  (d) The default under the association documents may be cured no later than three business days before the date of the public sale of the unit by paying the entire amount that would be owed to the association if the payments under the association documents had not been accelerated, plus the association's attorney's fees and costs, and all other fees and costs incurred by the association related to the default, unless otherwise agreed to between the association and the unit owner. There is no right to cure the default or any right of redemption after that time. If the default is so cured, the public sale shall be canceled. [L 2012, c 182, pt of §3(2)]
HI Rev Stat § 667-98 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-98 Authorized bidder; successful bidder.

  §667-98 Authorized bidder; successful bidder. Any person, including the association, shall be authorized to bid for the unit at the public sale and to purchase the unit. The highest bidder who meets the requirements of the terms and conditions of the public sale shall be the successful bidder. The public sale shall be considered as being held when the unit is declared by the association as being sold to the successful bidder. When the public sale is held, the successful bidder at the public sale, as the purchaser, shall make a nonrefundable downpayment to the association of not less than ten per cent of the highest successful bid price. If the successful bidder is the association, the downpayment requirement may be satisfied by offset and a credit bid up to the amount of the lien debt. [L 2012, c 182, pt of §3(2)]
HI Rev Stat § 667-99 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-99 Successful bidder's failure to comply; forfeiture of downpayment.

  §667-99 Successful bidder's failure to comply; forfeiture of downpayment. If the successful bidder later fails to comply with the terms and conditions of the public sale or fails to complete the purchase within forty-five days after the public sale is held, the downpayment shall be forfeited by that bidder. The forfeited downpayment shall be credited by the association first towards the association's attorney's fees and costs, then towards the fees and costs of the power of sale foreclosure, and any balance towards the moneys owed to the association. The association, in its discretion, may then accept the bid of the next highest bidder who meets the requirements of the terms and conditions of the public sale or may begin the public sale process again. [L 2012, c 182, pt of §3(2)]
HI Rev Stat § 667-100 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-100 Conveyance of property on payment of purchase price; distribution of sale proceeds.

  §667-100 Conveyance of property on payment of purchase price; distribution of sale proceeds. (a) After the purchaser completes the purchase by paying the full purchase price and the costs for the purchase, the unit shall be conveyed to the purchaser by a conveyance document. The conveyance document shall be in a recordable form and shall be signed by the association in the association's name. The unit owner shall not be required to sign the conveyance document.  (b) From the sale proceeds, after paying in the following order:  (1) The association's attorney's fees and costs;  (2) The fees and costs of the power of sale foreclosure;  (3) The moneys owed to the association; and  (4) All other liens and encumbrances in the order of priority as a matter of law, the balance of the sale proceeds shall be distributed by the association to junior creditors having valid liens on the unit in the order of their priority and not pro rata. Any remaining surplus after payment in full of all valid lien creditors shall be distributed to the unit owner.  (c) Lien creditors prior to the association shall not be forced to their right of recovery. However, the association and any prior lien creditor may agree in writing that the proceeds from the sale will be distributed by the association to the prior lien creditor towards the payment of moneys owed to the prior lien creditor before any moneys are paid to the association. [L 2012, c 182, pt of §3(2)]
HI Rev Stat § 667-102 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-102 Recordation of affidavit, conveyance document; effect.

  §667-102 Recordation of affidavit, conveyance document; effect. (a) The affidavit required under section 667-101 and the conveyance document shall be recorded no earlier than ten days after the public sale is held but not later than forty-five days after the public sale is held. The affidavit and the conveyance document may be recorded separately and on different days. After the recordation, the association shall mail or deliver a recorded copy to those persons entitled to receive the public notice of the public sale under section 667-96(c).  (b) When both the affidavit and the conveyance document are recorded:  (1) The sale of the unit is considered completed;  (2) All persons claiming by, through, or under the unit owner and all other persons having liens on the unit junior to the lien of the association shall be forever barred of and from any and all right, title, interest, and claims at law or in equity in and to the unit and every part of the unit, except as otherwise provided by law;  (3) The lien of the association and all liens junior in priority to the lien of an association shall be automatically extinguished from the unit; and  (4) The purchaser shall be entitled to immediate and exclusive possession of the unit.  (c) The unit owner and any person claiming by, through, or under the unit owner and who is remaining in possession of the unit after the recordation of the affidavit and the conveyance document shall be considered a tenant at sufferance subject to eviction or ejectment. The purchaser may bring an action in the nature of summary possession under chapter 666, ejectment, or trespass or may bring any other appropriate action in a court where the unit is located to obtain a writ of possession, a writ of assistance, or any other relief. In any such action, the court shall award the prevailing party its reasonable attorneys' fees and costs and all other reasonable fees and costs, all of which are to be paid for by the non-prevailing party. [L 2012, c 182, pt of §3(2)]