reglab/housing_qa huggingface dataset:
HI Rev Stat § 480E-1 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480E. Mortgage Rescue Fraud Prevention Act|480E-1 Purpose.

  §480E-1 Purpose. The purpose of this chapter is to protect Hawaii consumers from persons who prey on consumers by offering services that purport to provide relief from consumers' mortgage loan obligations or from other filed or threatened liens or encumbrances against their properties. Consumers who face foreclosures, liens, or encumbrances are often in desperate financial situations that can have severe adverse consequences for individuals and families even if the consumers have significant equity in their residential real property. The consumers' desperation makes them vulnerable to persons who claim they can stop, prevent, or delay foreclosures, liens, or encumbrances, or claim they can reduce, modify, or eliminate mortgage loan obligations or other filed or threatened liens or encumbrances. Persons who make these claims often use the consumers' desperation to foster unequal bargaining positions and withhold or misrepresent vital information and details. As a result, consumers may be convinced to give up their real property interests and valuable equity to these persons while receiving little in return. Requiring full and complete disclosure of vital information will better enable consumers to make informed decisions when dealing with persons claiming to be able to stop foreclosures, liens, or encumbrances. This chapter addresses possible misrepresentations by compelling persons who offer assistance to fully and completely describe their services in written contracts and gives consumers the right to cancel at any time before a distressed property consultant has performed all services called for in a contract. [L 2008, c 137, pt of §2; am L 2016, c 142, §2]
HI Rev Stat § 480E-2.5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480E. Mortgage Rescue Fraud Prevention Act|480E-2.5 Mortgage rescue fraud; consumer education.

  §480E-2.5 Mortgage rescue fraud; consumer education. The office of consumer protection shall educate consumers about abusive practices that may be committed against consumers who may be offered mortgage assistance relief services or who face property foreclosures, liens, or encumbrances, as appropriate. [L 2012, c 183, pt of §1; am L 2016, c 142, §4]
HI Rev Stat § 480E-4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480E. Mortgage Rescue Fraud Prevention Act|480E-4 Right to cancel a distressed property consultant contract.

 §480E-4 Right to cancel a distressed property consultant contract. (a) A distressed property consultant contract shall contain, immediately before the space reserved for all the distressed property owners' signatures, the following notice of right to cancel a distressed property consultant contract in a type size no smaller than fourteen-point boldface type, completed with the name of the distressed property consultant:  "YOU, THE OWNER, MAY CANCEL THIS TRANSACTION AT ANY TIME BEFORE THE DISTRESSED PROPERTY CONSULTANT HAS FULLY PERFORMED EACH AND EVERY SERVICE THE DISTRESSED PROPERTY CONSULTANT CONTRACTED TO PERFORM OR REPRESENTED WOULD BE PERFORMED. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.  (Name of the distressed property consultant) (or anyone working for or with the distressed property consultant) CANNOT:  (1) Take any money from you or ask you for money until (Name of the distressed property consultant) has completely finished doing everything (Name of the distressed property consultant) said he or she would do; or  (2) Ask you to sign or have you sign any lien, encumbrance, mortgage, assignment, or deed unless the lien, encumbrance, mortgage, assignment, or deed is fully described including all disclosures required by law."  (b) A distressed property consultant contract shall be accompanied by the following notice of cancellation form, in duplicate, attached to the contract and easily detachable, in a type size no smaller than fourteen-point boldface type, completed with the date the contract was last signed, the name of the distressed property consultant, and the address where the notice of cancellation is to be delivered: "NOTICE OF CANCELLATION  (Enter date contract last signed)  (Date)  YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME BEFORE THE DISTRESSED PROPERTY CONSULTANT HAS FULLY PERFORMED EACH AND EVERY SERVICE THE DISTRESSED PROPERTY CONSULTANT CONTRACTED TO PERFORM OR REPRESENTED WOULD BE PERFORMED.  TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS NOTICE OF CANCELLATION, OR ANY OTHER WRITTEN NOTICE OF CANCELLATION TO (Name of distressed property consultant) AT (Address where notice of cancellation is to be delivered).  I HEREBY CANCEL THIS TRANSACTION.  ________________________________  (Date)  _____________________________  (Owner's signature)" [L 2008, c 137, pt of §2]
HI Rev Stat § 480E-5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480E. Mortgage Rescue Fraud Prevention Act|480E-5 Cancellation of a distressed property consultant contract.

 §480E-5 Cancellation of a distressed property consultant contract. (a) In addition to any other legal right to rescind a contract, any distressed property owner has the right to cancel a distressed property consultant contract, without any penalty or obligation, at any time before the distressed property consultant has fully performed each and every service the distressed property consultant contracted to perform or represented would be performed.  (b) Cancellation occurs when any distressed property owner delivers, by any means, written notice of cancellation to the address specified in the distressed property consultant contract.  (c) Notice of cancellation, if given by mail, is effective when deposited in the mail with postage prepaid. Notice by certified mail, return receipt requested, addressed to the address specified in the distressed property consultant contract, shall be conclusive proof of notice of cancellation.  (d) Notice of cancellation given by any distressed property owner need not take the particular form as provided with the distressed property consultant contract and, however expressed, is effective if it indicates the intention of the distressed property owner not to be bound by the contract. [L 2008, c 137, pt of §2; am L 2016, c 142, §6]
HI Rev Stat § 480E-7 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480E. Mortgage Rescue Fraud Prevention Act|480E-7 Right to cancel a distressed property conveyance contract.

 §480E-7 Right to cancel a distressed property conveyance contract. (a) A distressed property conveyance contract shall contain, immediately before the space reserved for all the distressed property owners' signatures, the following notice of right to cancel a distressed property conveyance contract in a type size no smaller than fourteen-point boldface type, completed with the correct date and time of day on which the cancellation right ends:  "YOU MAY CANCEL THIS CONTRACT FOR THE SALE OF YOUR HOUSE, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME BEFORE (Date and time of day). SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT."  (b) A distressed property conveyance contract shall be accompanied by the following notice of cancellation form, in duplicate, attached to the contract and easily detachable, in a type size no smaller than fourteen-point boldface type, completed with the date the contract was last signed, the name of the distressed property purchaser, the address where notice of cancellation is to be delivered, and the correct date and time of day on which the cancellation right ends: "NOTICE OF CANCELLATION    (Enter date contract last signed)  (Date)  YOU MAY CANCEL THIS CONTRACT FOR THE SALE OF YOUR HOME, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME BEFORE THE LATER OF MIDNIGHT OF THE FIFTEENTH BUSINESS DAY FOLLOWING THE DAY ON WHICH THE LAST PARTY TO A DISTRESSED PROPERTY CONVEYANCE CONTRACT SIGNS THE DISTRESSED PROPERTY CONVEYANCE CONTRACT OR 5:00 P.M. ON THE LAST DAY OF THE PERIOD DURING WHICH ANY OWNER OF A DISTRESSED PROPERTY HAS THE RIGHT TO CURE THE DEFAULT UNDER HAWAII LAW.  TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS NOTICE OF CANCELLATION, OR ANY OTHER WRITTEN NOTICE OF CANCELLATION, TO (Name of distressed property purchaser) AT (Address where notice of cancellation is to be delivered) NOT LATER THAN (Enter date and time of day).  I HEREBY CANCEL THIS TRANSACTION. _________________________  (DATE) _____________________________  (Seller's signature)" [L 2008, c 137, pt of §2]
HI Rev Stat § 480E-8 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480E. Mortgage Rescue Fraud Prevention Act|480E-8 Cancellation of a distressed property conveyance contract.

 §480E-8 Cancellation of a distressed property conveyance contract. (a) In addition to any other legal right to rescind a contract, any distressed property owner has the right to cancel a distressed property conveyance contract, without any penalty or obligation, at any time before the later of midnight of the fifteenth business day following the day on which the last party to a distressed property conveyance contract signs the distressed property conveyance contract or 5:00 p.m. on the last day of the period during which any distressed property owner has the right to cure a default under state law.  (b) The period of fifteen business days following the day on which the last party to a distressed property conveyance contract signs the contract during which any distressed property owner may cancel the contract shall not begin to run until all parties to the distressed property conveyance contract have executed the distressed property conveyance contract and the distressed property purchaser has complied with all the requirements of sections 480E-6, 480E-7, and this section.  (c) Cancellation occurs when any distressed property owner delivers, by any means, and within the time specified under subsection (a), written notice of cancellation to the address specified in the distressed property conveyance contract.  (d) Notice of cancellation, if given by mail, is effective when deposited in the mail with postage prepaid. Notice by certified mail, return receipt requested, addressed to the address specified in the distressed property conveyance contract, shall be conclusive proof of notice of cancellation.  (e) Notice of cancellation given by any distressed property owner need not take the particular form as provided with the distressed property conveyance contract and, however expressed, is effective if it indicates the intention of a distressed property owner not to be bound by the contract.  (f) Within fifteen days following receipt of a notice of cancellation given in accordance with this section, the distressed property purchaser shall return, without condition, any and all original contracts and documents signed by any distressed property owner. [L 2008, c 137, pt of §2; am L 2016, c 142, §8]
HI Rev Stat § 480E-9 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480E. Mortgage Rescue Fraud Prevention Act|480E-9 Distressed property lease.

 §480E-9 Distressed property lease. (a) A distressed property lease shall be in writing and shall fully disclose:  (1) All rights and obligations of the distressed property lessor and distressed property lessee;  (2) The exact terms of the agreement between the distressed property lessor and distressed property lessee;  (3) The exact period of time the distressed property lease is to be in effect; and  (4) The total amount and terms of compensation to be directly or indirectly received by the distressed property lessor.  (b) Distressed property lessees shall be afforded all rights under the landlord-tenant law of the State. No distressed property lease shall provide a distressed property lessee with rights less than those provided by the State's landlord-tenant law as set forth in chapters 521 and 666.   (c) The first page of a distressed property lease shall contain in a type size no smaller than fourteen-point boldface type:   (1) A description of the distressed property;   (2) The name, street address, and telephone number of the distressed property lessor; and   (3) The name and address of the distressed property lessor to which lease or rental payments, correspondence, and notices are to be mailed.  (d) A distressed property lease shall be dated and signed by the distressed property lessor. If the distressed property lessor is a person other than an individual, the individual executing the distressed property lease on behalf of the distressed property lessor shall identify the title and office held by the individual.  (e) A distressed property lease shall be dated and signed by all lessees of the distressed property.  (f) The distressed property lessor shall provide each distressed property lessee with a copy of the distressed property lease immediately upon execution by all parties to the distressed property lease. A distressed property lease shall not be effective until all parties to the distressed property lease have signed the lease. [L 2008, c 137, pt of §2]
HI Rev Stat § 480E-9.5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480E. Mortgage Rescue Fraud Prevention Act|480E-9.5 Recordkeeping and compliance requirements.

 §480E-9.5 Recordkeeping and compliance requirements. (a) Any distressed property consultant shall keep, for a period of twenty-four months from the date the record is created, the following records:  (1) All contracts or other agreements between the distressed property consultant and any consumer for any mortgage assistance relief service;  (2) Copies of all written communications between the distressed property consultant and the distressed property owner or owners occurring prior to the date on which the property owner or owners entered into an agreement with the distressed property consultant for any mortgage assistance relief service;  (3) Copies of all documents or telephone recordings created in connection with compliance with subsection (b);  (4) All files containing the distressed property owner's or owners' names and phone numbers, dollar amounts paid, and descriptions of mortgage assistance relief services purchased, to the extent the distressed property consultant keeps such information in the ordinary course of business;  (5) Copies of all materially different sales scripts, training materials, commercial communications, or other marketing materials, including websites and weblogs, for any mortgage assistance relief service; and  (6) Copies of the documentation provided to the consumer as specified in section 480E-3.  (b) A distressed property consultant shall also:  (1) Take reasonable steps sufficient to monitor and ensure that all employees and independent contractors comply with this chapter. Such steps shall include the monitoring of communications directed at specific consumers and shall also include, at a minimum, the following:  (A) If the distressed property consultant is engaged in the telemarketing of mortgage assistance relief services, performing random, blind recording and testing of the oral representations made by individuals engaged in sales or other customer service functions;  (B) Establishing a procedure for receiving and responding to any and all complaints regarding or relating to the distressed property consultant or mortgage assistance relief service, or both; and  (C) Ascertaining the number and nature of any complaints regarding transactions in which any employee or independent contractor, or both, is involved;  (2) Investigate promptly and fully each consumer complaint received;  (3) Take corrective action with respect to any employee or independent contractor whom the distressed property consultant determines is not complying with this chapter, which action may include training, disciplining, or terminating the individual; and  (4) Maintain any information and material necessary to demonstrate the distressed property consultant's compliance with this subsection.  (c) A distressed property consultant may keep the records required by this section in any form, and in the same manner, format, or place as it keeps such records in the ordinary course of business. [L 2016, c 142, pt of §1]
HI Rev Stat § 480E-11 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480E. Mortgage Rescue Fraud Prevention Act|480E-11 Unfair or deceptive act or practice; penalties.

 §480E-11 Unfair or deceptive act or practice; penalties. (a) Any person who violates any provision of this chapter shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2.  (b) Any person who violates any provision of title 12 Code of Federal Regulations part 1015, pertaining to mortgage assistance relief services, shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2.  (c) The penalties provided in this section shall be cumulative to the remedies or penalties available under all other laws of this State. [L 2008, c 137, pt of §2; am L 2012, c 183, §2; am L 2016, c 142, §10]
HI Rev Stat § 480E-12 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480E. Mortgage Rescue Fraud Prevention Act|480E-12 Criminal penalties.

  §480E-12 Criminal penalties. Any person who violates section 480E-10 is guilty of a class C felony and, in addition to any other penalties, shall be fined $10,000. [L 2012, c 183, pt of §1]
HI Rev Stat § 480E-13 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480E. Mortgage Rescue Fraud Prevention Act|480E-13 Requirements for attorneys licensed in Hawaii.

 §480E-13 Requirements for attorneys licensed in Hawaii. An attorney licensed in the State engaged in the practice of law who performs or provides, or attempts to perform or provide, or who arranges for others to perform or provide, or who assists others to perform or provide, or who makes any solicitation, representation, or offer to perform or provide, any mortgage assistance relief service shall:  (1) Execute a written contract that identifies each mortgage assistance relief service to be provided;  (2) Maintain a client trust account that complies with all applicable state laws and rules;  (3) Deposit into the attorney's client trust account all moneys received by or on behalf of the consumer to be provided with any mortgage assistance relief service; and  (4) Keep and maintain all moneys received in deposit in the client trust account until such time as the attorney has fully performed each service the attorney contracted to perform or represented would be performed. [L 2016, c 142, pt of §1]
HI Rev Stat § 480E-14 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480E. Mortgage Rescue Fraud Prevention Act|480E-14 Enforcement authority.

 §480E-14 Enforcement authority. The attorney general or the executive director of the office of consumer protection is authorized to investigate reported or suspected violations of the federal mortgage assistance relief services rules, set forth in title 12 Code of Federal Regulations part 1015, and to enforce such rules by bringing civil actions or proceedings. [L 2016, c 142, pt of §1]
HI Rev Stat § 480F-1 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480F. Check Cashing|480F-1 Definitions.

 §480F-1 Definitions. As used in this chapter, unless the context requires otherwise:  "Check" means any check, draft, money order, or other instrument for the transmission or payment of money. "Check" does not include a traveler's check or foreign denomination or foreign drawn payment instrument.  "Check casher" means a person or entity that engages in the business of cashing checks for a fee.  "Fee" includes any payment of cash or other consideration paid or given by a customer to a check casher in exchange for the cashing of a check, including an exchange of value for the purchase of catalog items, which is in excess of regular retail value, or for coupons, which may be redeemed for goods or services. [L 1999, c 146, pt of §1; am L 2001, c 20, §1; am L 2021, c 56, §7]
HI Rev Stat § 480F-2 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480F. Check Cashing|480F-2 Posting and notice of fees charged.

 §480F-2 Posting and notice of fees charged. Any person who cashes one or more checks for a fee shall:  (1) Post in a conspicuous place in every location at which the person does business a notice that sets forth:  (A) The fees charged for cashing a check, for selling or issuing a money order, and for the initial issuance of any membership or identification cards; and  (B) That consumer complaints about the check cashing business may be filed with the department of commerce and consumer affairs, and includes and identifies the telephone number of the consumer information service of the department of commerce and consumer affairs;  (2) Provide written notice to each customer of the fees charged for cashing checks that is separate from and in addition to any posted notice;  (3) Obtain a written acknowledgment from the customer that written notice of the fees charged for cashing checks was provided; and  (4) Provide each customer a receipt documenting any and all fees charged. [L 1999, c 146, pt of §1; am L 2001, c 20, §1]
HI Rev Stat § 480F-3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480F. Check Cashing|480F-3 Authorized fees.

  §480F-3 Authorized fees. No check casher shall charge fees in excess of the following amounts:  (1) Five per cent of the face amount of the check or $5, whichever is greater;  (2) Three per cent of the face amount of the check or $5, whichever is greater, if the check is the payment of any kind of state public assistance or federal social security benefit payable to the bearer of the check;  (3) Ten per cent of the face amount of a personal check or money order, or $5, whichever is greater; or  (4) No more than $10 to set up an initial account and issue an optional membership or identification card, and no more than $5 for a replacement optional identification card. [L 1999, c 146, pt of §1; am L 2001, c 20, §1; am L 2021, c 56, §8]
HI Rev Stat § 480F-4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480F. Check Cashing|480F-4 REPEALED.

 §480F-4 REPEALED. L 2021, c 56, §10. Cross References  Installment loans, see chapter 480J.
HI Rev Stat § 480F-5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480F. Check Cashing|480F-5 Exemptions.

 §480F-5 Exemptions. This chapter shall not apply to:  (1) Any person who is principally engaged in the bona fide retail sale of goods or services, and who, either as incident to or independent of the retail sale or service, from time to time cashes items for a fee or other consideration, where not more than $2, or two per cent of the amount of the check, whichever is greater, is charged for the service; or  (2) Any person authorized to engage in business as a bank, trust company, savings bank, savings and loan association, financial services loan company, or credit union under the laws of the United States, any state or territory of the United States, or the District of Columbia. [L 1999, c 146, pt of §1; am L 2001, c 20, §1]