reglab/housing_qa huggingface dataset:
HI Rev Stat § 666-8 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|666. Landlord and Tenant|666-8 Service.

  §666-8 Service. The summons shall be served as provided by the rules of court.  In the event that any defendant cannot be served within the circuit, service may be made in any part of the State.  If any defendant cannot be served with process within the State, and the facts shall appear by affidavit or otherwise to the satisfaction of the court, service as to such defendant may be made according to the special order of the court, but such order shall in any case include a direction to the officer to leave a certified copy of the complaint and summons with some agent or employee of mature years of the defendant, provided the agent or employee can be found upon the premises or elsewhere within the circuit, and also to affix in a conspicuous place upon the premises (as upon the wall of any store, shop, dwelling, or other building thereon, and if there is no such building, then upon some other permanent object thereon, as a tree or fence) a certified copy of the complaint and summons. The order shall further require that a certified copy of the complaint and summons be sent to the defendant by certified or registered mail, postage prepaid, unless it is shown by affidavit or otherwise to the satisfaction of the court that the address of the defendant is unknown and cannot be ascertained. [CC 1859, §941; am L 1905, c 95, §2; RL 1925, §2781; RL 1935, §4018; RL 1945, §10407; RL 1955, §240-8; HRS §666-8; am L 1972, c 90, §8(e)] Rules of Court  See DCRCP rule 4.
HI Rev Stat § 666-9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|666. Landlord and Tenant|666-9 Return day.

  §666-9 Return day. The summons shall be returnable within such time as is fixed by the court in conformity with the rules of court. [CC 1859, §942; am L 1923, c 119, §1; RL 1925, §2782; RL 1935, §4019; RL 1945, §10408; RL 1955, §240-9; HRS §666-9; am L 1971, c 144, §31A] Rules of Court  See DCRCP rule 12(a). Case Notes  When summons not returnable as provided judgment void. 13 H. 450 (1901).  Defendant cannot be defaulted if defendant appears without filing written pleadings. 14 H. 590, 592 (1903).  If last day falls on Sunday, summons may be made returnable on Monday, the next legal day. 24 H. 250, 252-253 (1918).  Cited: 24 H. 95, 96 (1917).
HI Rev Stat § 666-10 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|666. Landlord and Tenant|666-10 REPEALED.

  §666-10 REPEALED. L 1972, c 90, §8(h).
HI Rev Stat § 666-11 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|666. Landlord and Tenant|666-11 Judgment; writ of possession.

  §666-11 Judgment; writ of possession. If it is proved to the satisfaction of the court that the plaintiff is entitled to the possession of the premises, the plaintiff shall have judgment for possession, and for the plaintiff's costs. Execution shall issue accordingly. The writ of possession shall issue to the sheriff, deputy sheriff, police officer, or independent civil process server from the department of public safety's list under section 353C-11, commanding the sheriff, deputy sheriff, police officer, or independent civil process server to remove all persons from the premises, and to put the plaintiff, or the plaintiff's agent, into the full possession thereof. [CC 1859, §943; RL 1925, §2784; RL 1935, §4021; RL 1945, §10410; RL 1955, §240-11; am L 1963, c 85, §3; HRS §666-11; am L 1972, c 90, §8(f); gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §10; am L 2013, c 116, § §18, 25(17); am L 2015, c 101, §4; am L 2021, c 41, §18] Note  The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4. Case Notes  Defendant cannot be defaulted if defendant appears without filing written pleadings. 14 H. 590 (1903).  Writ may issue at any time after judgment unless stayed by law. 23 H. 65 (1915).  Appeal as a supersedeas. 27 H. 308, 321-322 (1923); 27 H. 362, 367 (1923).  Issuance of writ does not deprive defendants of right of appeal. 27 H. 362, 366 (1923).  Cited: 19 H. 65, 67 (1908); 20 H. 712, 713 (1911).
HI Rev Stat § 666-12 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|666. Landlord and Tenant|666-12 How writ executed.

  §666-12 How writ executed. The officer to whom the writ for delivering possession is directed and delivered shall execute the same according to the tenor thereof. [CC 1859, §944; RL 1925, §2785; RL 1935, §4022; RL 1945, §10411; RL 1955, §240-12; HRS §666-12]
HI Rev Stat § 666-13 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|666. Landlord and Tenant|666-13 Effect of writ.

  §666-13 Effect of writ. Whenever a writ is issued for the removal of any tenant, the contract for the use of the premises, if any exists, and the relation of landlord and tenant between the parties, shall be deemed to be canceled and annulled. [CC 1859, §945; RL 1925, §2786; RL 1935, §4023; RL 1945, §10412; RL 1955, §240-13; HRS §666-13] Case Notes  Warrant terminates relation of landlord and tenant only upon final judgment for possession. 27 H. 362, 368 (1923). See 28 H. 160, 162 (1925).
HI Rev Stat § 666-14 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|666. Landlord and Tenant|666-14 Writ stayed how, in proceedings for nonpayment of rent.

  §666-14 Writ stayed how, in proceedings for nonpayment of rent. The issuing of the writ of possession shall be stayed in the case of a proceeding for the nonpayment of rent, if the person owing the rent, before the writ is actually issued, pays the rent due and interest thereon at the rate of eight per cent a year and all costs and charges of the proceedings, and all expenses incurred by plaintiff, including a reasonable fee for the plaintiff's attorney. [CC 1859, §946; RL 1925, §2787; am L 1927, c 124, §1; RL 1935, §4024; RL 1945, §10413; RL 1955, §240-14; HRS §666-14; am L 1972, c 90, §8(g); gen ch 1985] Rules of Court  See DCRCP rule 62. Case Notes  Breach of covenant to pay rent cured by tender made in court or tender made after judgment, but before issuance of writ. 14 H. 590, 592-593 (1903); 28 H. 160 (1925).  Writ of possession may be canceled if it was mistakenly issued. 59 H. 472, 583 P.2d 352 (1978).  In making attorney's fee awards under §607-14 and this section, the trial court must designate the specific amount awarded pursuant to each statute to prevent duplicative awards and permit effective appellate review of awards. 85 H. 501 (App.), 946 P.2d 609 (1997).  Under this section, a landlord may, incident to a summary possession action, seek attorney's fees attributable to the summary possession action which are in addition to, but not duplicative of, any fees awarded under §607-14. 85 H. 501 (App.), 946 P.2d 609 (1997).  Cited: 27 H. 308, 321 (1923); 27 H. 362, 364 (1923).
HI Rev Stat § 666-20 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|666. Landlord and Tenant|666-20 Rent control ordinances.

  §666-20 Rent control ordinances. Nothing in this chapter shall be deemed to authorize the eviction of a tenant contrary to any rent control ordinance declaring an emergency arising out of a housing shortage and prohibiting termination of tenancies or restricting the grounds for termination thereof, pursuant to the powers conferred by section 62-34(11) and section 70-65, so long as such emergency continues. [L 1943, c 102, §4; RL 1945, §10418; RL 1955, §240-20; HRS §666-20] Note  Sections 62-34 and 70-65 referred to in text are repealed. Cross References  General powers and limitations of the counties, see §46-1.5. Case Notes  Eviction for occupancy by landlord. 36 H. 711 (1940).  Validity of provisions of rent control ordinance limiting grounds for termination of tenancy. 37 H. 252 (1945).  Recovery of housing used illegally for commercial purposes. 38 H. 250 (1948).  Existence of emergency. 43 H. 84 (1958).  Cited: 37 H. 294 (1946).
HI Rev Stat § 667-1.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-1.5 Foreclosure by action.

Note Sections 667-1 to 667-13 designated as Part I by L 1998, c 122, §2.  This is former Part I that was renumbered as Part IA and amended by L 2012, c 182, §3(5). Law Journals and Reviews  Mortgagor Protection Laws: A Proposal for Mortgage Foreclosure Reform in Hawai`i. 24 UH L. Rev. 245 (2001).   §667-1.5 Foreclosure by action. The circuit court may assess the amount due upon a mortgage, whether of real or personal property, without the intervention of a jury, and shall render judgment for the amount awarded, and the foreclosure of the mortgage. Execution may be issued on the judgment, as ordered by the court. [CC 1859, §1231; RL 1925, §2887; RL 1935, §4720; RL 1945, §12420; RL 1955, §336-1; HRS §667-1; am L 1972, c 90, §9(a); ren L 2012, c 182, §3(6)] Case Notes  Court found that this section does not require the determination of a sum certain before foreclosure is decreed since a deficiency judgment is rendered only after the sale of the mortgaged property; where plaintiff, a debtor-mortgagee, sought to foreclose mortgage against defendant, plaintiff challenged the bankruptcy court's findings that: (1) it was not necessary to determine the exact amount of defendant's debt, (2) the court should refrain from determining whether plaintiff was entitled to a deficiency judgment, and (3) the amount of any deficiency judgment was subject to arbitration under the purchase contract. 260 F. Supp. 3d 1300 (2017).  In the absence of direction from mortgagor, mortgagee may appropriate payment on mortgage to either principal or interest, or to another debt due to mortgagee. 5 H. 405 (1885).  Guardian of heirs of mortgagor justified in assenting to application of proceeds of sale of land of deceased ancestor to payment of debt, secured or unsecured. 28 H. 81, 85 (1924).  Burden of guarantor sued for deficiency after foreclosure to show foreclosure price paid by mortgagee inadequate. 31 H. 34 (1929).  Economic depression alone not enough to refuse remedy of foreclosure. 32 H. 835 (1933). Upset price. 32 H. 835 (1933).  Decree of foreclosure is a final judgment for purposes of appellate review. 55 H. 414, 520 P.2d 431 (1974); 57 H. 557, 560 P.2d 490 (1977).  The judicial foreclosure system in Hawaii, pursuant to this section, is not clearly, manifestly and unmistakably violative of due process; considering the two basic elements of procedural due process--notice and the opportunity to be heard--appellants were afforded due process. 94 H. 422 (App.), 16 P.3d 827 (2000).  Cited: 40 H. 269, 274 (1953).  See 33 H. 1 (1934); 34 H. 283 (1937).
HI Rev Stat § 667-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-2 Other mortgagees joined.

  §667-2 Other mortgagees joined. All prior and subsequent mortgage creditors, whose names are or can be discovered by the party foreclosing a mortgage, shall be made parties to the action. [CC 1859, §1232; RL 1925, §2888; RL 1935, §4721; RL 1945, §12421; RL 1955, §336-2; HRS §667-2; am L 1972, c 90, §9(b)] Rules of Court  Parties, see HRCP rules 19 to 21. Case Notes  See 5 H. 397.
HI Rev Stat § 667-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-3 Proceeds, how applied.

  §667-3 Proceeds, how applied. Mortgage and other creditors shall be entitled to payment according to the priority of their liens, and not pro rata; and judgments of foreclosure that are conducted in compliance with this part shall operate to extinguish the liens of subsequent mortgages and liens of the same property, without forcing prior mortgagees or lienors to their right of recovery. The surplus after payment of the mortgage foreclosed, shall be applied pro tanto to the next junior mortgage or lien, and so on to the payment, wholly or in part, of mortgages and liens junior to the one assessed. [CC 1859, §1233; RL 1925, §2889; RL 1935, §4722; RL 1945, §12422; RL 1955, §336-3; HRS §667-3; am L 1972, c 90, §9(c); am L 2011, c 48, §16; am L 2012, c 182, §12] Rules of Court  See HRCP rule 13. Case Notes  Mortgagee of recorded chattel mortgage taking possession of unharvested rice crop has prior right over subsequent creditors. 9 H. 616 (1895).  Tender must include attorney's fee in order to ward off foreclosure when mortgage provides for attorney's fee. 21 H. 470 (1913); 29 H. 20 (1926).  Under HRCP rule 54(b), court has discretion to leave adjudication of junior lien status for later determination. 56 H. 587, 545 P.2d 1173 (1976).  First mortgage lien should not have been terminated by confirmation of sale unless first mortgagee's priority as to proceeds was preserved. 67 H. 322, 687 P.2d 1333 (1984).  See 33 H. 1 (1934); 35 H. 482 (1940).
HI Rev Stat § 667-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-4 Defenses.

  §667-4 Defenses. The mortgagor, or any subsequent mortgagee, may defend the action for foreclosure, and may show any matter in legal or equitable avoidance of the mortgage. [CC 1859, §1234; RL 1925, §2890; RL 1935, §4723; RL 1945, §12423; RL 1955, §336-4; HRS §667-4; am L 1972, c 90, §9(d)] Rules of Court  Pleading under the Hawaii Rules of Civil Procedure, see HRCP rules 7, 8, 10, 12. Affirmative defenses, see HRCP rule 8(c). Case Notes  Acceleration provision in mortgage although not in note secured is enforceable by foreclosure. 32 H. 420 (1932).
HI Rev Stat § 667-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-5 REPEALED.

  §667-5 REPEALED. L 2012, c 182, §50.
HI Rev Stat § 667-5.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-5.5 Foreclosure notice; planned communities; condominiums; cooperative housing projects.

  §667-5.5 Foreclosure notice; planned communities; condominiums; cooperative housing projects. Notwithstanding any law or agreement to the contrary, any person who forecloses on a property under this part within a planned community, a condominium apartment or unit, or an apartment in a cooperative housing project shall notify, by registered or certified mail, the board of directors of the planned community association, the association of owners of the condominium project, or the cooperative housing project in which the property to be foreclosed is located, of the following:  (1) The foreclosure at the time foreclosure proceedings are begun; and  (2) Any election by an owner-occupant of the property that is the subject of the foreclosure to participate in the mortgage foreclosure dispute resolution program under part V. The notice, at a minimum, shall identify the property, condominium apartment or unit, or cooperative apartment that is the subject of the foreclosure and identify the name or names of the person or persons bringing foreclosure proceedings. Paragraph (1) shall not apply if the planned community association, condominium association of owners, or cooperative housing corporation is a party in a foreclosure action. This section shall not affect civil proceedings against parties other than the planned community association, association of owners, or cooperative housing corporation. [L 1984, c 204, §1; am L 1988, c 166, §1; am L 2006, c 275, §2; am L 2008, c 28, §39; am L 2011, c 48, §18; am L 2012, c 182, §13]
HI Rev Stat § 667-9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-9 Dower barred, when.

  §667-9 Dower barred, when. If the mortgage was executed by a man having at the time no lawful wife, or if the mortgagor being married, his wife joined in the deed in token of her release of dower, the sale of the property in the mode aforesaid shall be effectual to bar all claim and possibility of dower in the property. [L 1874, c 33, §3; RL 1925, §2882; RL 1935, §4727; RL 1945, §12427; RL 1955, §336-8; HRS §667-9; am L 1972, c 90, §9(h)]
HI Rev Stat § 667-10 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-10 Power unaffected by transfer; surplus after sale.

  §667-10 Power unaffected by transfer; surplus after sale. No sale or transfer by the mortgagor shall impair or annul any right or power of attorney given in the mortgage to the mortgagee to sell or transfer the mortgaged property, as attorney or agent of the mortgagor, except as otherwise provided by chapters 501 and 502. When public sale is made of the mortgaged property under this part, distribution of the proceeds of the sale shall be as specified in section 667-3, and the remainder of the proceeds, if any, shall be paid over to the owner of the mortgaged property, after deducting the amount of all claims and all expenses attending the same. [L 1874, c 33, §4; RL 1925, §2883; RL 1935, §4728; RL 1945, §12428; RL 1955, §336-9; HRS §667-10; am L 1972, c 90, §9(i), (j); am L 2011, c 48, §19; am L 2012, c 182, §14] Case Notes  Upon foreclosure sale after death of mortgagor surplus goes to administrator if required to pay debts. 17 H. 453 (1906) (prior to enactment of §531-14).  Mortgagor can recover surplus from first mortgagee when second mortgagee not a party to the action. 18 H. 352 (1907).  Owner of mortgaged property had right to surplus proceeds. 71 H. 204, 787 P.2d 674 (1990).
HI Rev Stat § 667-14 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-14 and 667-15

  § §667-14 and 667-15 REPEALED. L 2012, c 182, § §55, 56.
HI Rev Stat § 667-18 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-18 REPEALED.

  §667-18 REPEALED. L 2017, c 158, § §1, 2. Note  This section, which was to take effect July 1, 2017, as shown in the main volume, was repealed by L 2017, c 158, § §1, 2.
HI Rev Stat § 667-20 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-20 Publication of notice of public sale.

  §667-20 Publication of notice of public sale. The foreclosing mortgagee or association in a foreclosure by action shall have the public notice of the public sale:  (1) Printed in not less than seven-point font and published in the classified section of a newspaper that is published at least weekly and having a general circulation in the county in which the mortgaged property or unit is located. The public notice shall be published once each week for three consecutive weeks, constituting three publications. The public sale shall take place no sooner than fourteen days after the date of the publication of the third public notice advertisement; or  (2) Not less than twenty-eight days before the date of the public sale, published on a state website at the discretion of the agency that maintains the website; provided that the public notice shall be published at least once in the format described in paragraph (1) at least fourteen days prior to the public sale. [L 2012, c 182, pt of §3(3), § §63, 69(5)] Revision Note  Subsection (a) designation deleted pursuant to §23G-15.
HI Rev Stat § 667-20.1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-20.1 Postponement, cancellation of sale.

  §667-20.1 Postponement, cancellation of sale.  (a) The public sale may be either postponed or canceled by the court-appointed commissioner. Notice of the postponement or the cancellation of the public sale shall be:  (1) Announced by the court-appointed commissioner at the date, time, and place of the last scheduled public sale; and  (2) Provided to:  (A) The mortgagor, the borrower, and the foreclosing mortgagee;  (B) Any prior or junior creditors who have a recorded lien on the mortgaged property before the commencement of the foreclosure action; and  (C) Any party named in the foreclosure action and any prospective bidder who requested notice of the public sale date or any change in the public sale date.  (b) If there is a postponement of the public sale of the mortgaged property, the court-appointed commissioner shall have a new public notice of the public sale published once in the format described in section 667-20. 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 rescheduled date of the public sale, a copy of the new public notice of the rescheduled public sale shall be posted on the mortgaged property or on another real property of which the mortgaged property is a part, and it shall be mailed or delivered to the mortgagor, the borrower, the foreclosing mortgagee, and any other person entitled to receive notification of the foreclosure action under subsection (a)(2).  (c) Upon the fourth postponement of every series of four consecutive postponements, the court-appointed commissioner shall follow all of the public notice of public sale requirements of section 667-20. [L 2013, c 181, §2]
HI Rev Stat § 667-21 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-21 Power of sale process.

Note Part heading amended by L 2012, c 182, §3(7). Law Journals and Reviews Hawai €˜i 2000 Report Regarding Lawyers' Opinion Letters in Mortgage Loan Transactions. 22 UH L. Rev. 347 (2000).  §667-21 Power of sale process. The power of sale process in this part is an alternative to the foreclosure by action in part IA. [L 1998, c 122, pt of §1; am L 2011, c 48, §20; am L 2012, c 182, §15]
HI Rev Stat § 667-21.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-21.5 Foreclosure notice; planned communities; condominiums; cooperative housing projects.

  §667-21.5 Foreclosure notice; planned communities; condominiums; cooperative housing projects. Notwithstanding any law or agreement to the contrary, any person who forecloses on a property under this part within a planned community, a condominium apartment or unit, or an apartment in a cooperative housing project shall notify, by way of registered or certified mail, the board of directors of the planned community association, the association of owners of the condominium project, or the cooperative housing project in which the property to be foreclosed is located, of the following:  (1) The foreclosure at the time foreclosure proceedings are begun; and  (2) Any election by an owner-occupant of the property that is the subject of the foreclosure to participate in the mortgage foreclosure dispute resolution program under part V. The notice, at a minimum, shall identify the property, condominium apartment or unit, or cooperative apartment that is the subject of the foreclosure and identify the name or names of the person or persons bringing foreclosure proceedings. Paragraph (1) shall not apply when the planned community association, condominium association of owners, or cooperative housing corporation is a party in a foreclosure action. This section shall not affect civil proceedings against parties other than the planned community association, association of owners, or cooperative housing corporation. [L 2011, c 48, pt of §4; am L 2012, c 182, §16]
HI Rev Stat § 667-21.6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-21.6 REPEALED.

  §667-21.6 REPEALED. L 2012, c 182, §57.