reglab/housing_qa huggingface dataset:
HI Rev Stat § 667-23 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-23 Recordation of notice of default and intention to foreclose.

  §667-23 Recordation of notice of default and intention to foreclose. Before the deadline date in the notice of default and intention to foreclose, the notice shall 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 mortgaged property shall be deemed to have constructive notice of the power of sale foreclosure and shall be bound by the foreclosure. [L 1998, c 122, pt of §1; am L 2011, c 48, §22]
HI Rev Stat § 667-24 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-24 Cure of default.

  §667-24 Cure of default. (a) If the default is cured as required by the notice of default and intention to foreclose, or if the parties have reached an agreement to resolve the nonjudicial foreclosure, the foreclosing mortgagee shall rescind the notice of default and intention to foreclose. Within fourteen days of the date of the cure or an agreement to resolve the nonjudicial foreclosure, the foreclosing mortgagee shall so notify any person who was served with the notice of default and intention to foreclose. If 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 reached an agreement to resolve the nonjudicial foreclosure and no report of noncompliance has been issued against the mortgagee under section 667-82, and the mortgagor has not elected to convert the foreclosure to a judicial action, the foreclosing mortgagee, without filing a court action and without going to court, may foreclose the mortgage under power of sale to sell the mortgaged property at a public sale. [L 1998, c 122, pt of §1; am L 2011, c 48, §23; am L 2012, c 182, §18]
HI Rev Stat § 667-25 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-25 Date, place of public sale of mortgaged property.

  §667-25 Date, place of public sale of mortgaged property.  (a) The public sale of the mortgaged property 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 667-27; or  (2) At least fourteen days after the date of the publication of the third public notice advertisement under section 667-27.  (b) The public sale of the mortgaged property shall be held only in the county where the mortgaged property 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 mortgaged property located in the city and county of Honolulu;  (2) At a state facility in Hilo, for a public sale of mortgaged property 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 mortgaged property 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 mortgaged property located in the county of Maui; and  (5) At a state facility in the county seat of Kauai, for a public sale of mortgaged property 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 mortgaged property shall be conducted by the foreclosing mortgagee on the date, at the time, and at the place described in the public notice of the public sale. [L 1998, c 122, pt of §1; am L 2011, c 48, §24; am L 2012, c 182, §19]
HI Rev Stat § 667-26 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-26 REPEALED.

  §667-26 REPEALED.  L 2012, c 182, §58.
HI Rev Stat § 667-28 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-28 Postponement, cancellation of sale.

  §667-28 Postponement, cancellation of sale.  (a) The public sale may be either postponed or canceled by the foreclosing mortgagee. Notice of the postponement or the cancellation of the public sale shall be:  (1) Announced by the foreclosing mortgagee 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 667-22.  (b) If there is a postponement of the public sale of the mortgaged property, a new public notice of the public sale shall be published once in the format described in section 667-27. 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 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, to the borrower, and to any other person entitled to receive notice under section 667-22(e).  (c) Upon the fourth postponement of every series of four consecutive postponements, the foreclosing mortgagee shall follow all of the public notice of public sale requirements of section 667-27, including the requirements of mailing and posting under section 667-27(c) and of publication under section 667-27(d).  (d) The default under the mortgage agreement may be cured no later than three business days before the date of the public sale of the mortgaged property by paying the entire amount which would be owed to the foreclosing mortgagee if the payments under the mortgage agreement had not been accelerated, plus the foreclosing mortgagee's attorney's fees and costs, and all other fees and costs incurred by the foreclosing mortgagee related to the default, unless otherwise agreed to between the foreclosing mortgagee and the borrower. 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 1998, c 122, pt of §1; am L 2008, c 138, §4; am L 2011, c 48, §27; am L 2012, c 182, §21]
HI Rev Stat § 667-29 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-29 Authorized bidder; successful bidder.

  §667-29 Authorized bidder; successful bidder. Any person, including the foreclosing mortgagee, shall be authorized to bid for the mortgaged property at the public sale and to purchase the mortgaged property. 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 mortgaged property is declared by the foreclosing mortgagee 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 foreclosing mortgagee of not less than ten per cent of the highest successful bid price. If the successful bidder is the foreclosing mortgagee or any other mortgagee having a recorded lien on the mortgaged property before the recordation of the notice of default and intention to foreclose under section 667-23, the downpayment requirement may be satisfied by offset and a credit bid up to the amount of the mortgage debt. [L 1998, c 122, pt of §1; am L 2011, c 48, §28]
HI Rev Stat § 667-30 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-30 Successful bidder's failure to comply; forfeiture of downpayment.

  §667-30 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 foreclosing mortgagee first towards the foreclosing mortgagee'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 foreclosing mortgagee. The foreclosing mortgagee, 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 1998, c 122, pt of §1]
HI Rev Stat § 667-31 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-31 Conveyance of property on payment of purchase price; distribution of sale proceeds.

  §667-31 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 mortgaged property 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 foreclosing mortgagee in the foreclosing mortgagee's name. The mortgagor or borrower shall not be required to sign the conveyance document.  (b) From the sale proceeds, after paying all liens and encumbrances in the order of priority as a matter of law, after paying the foreclosing mortgagee's attorney's fees and costs, after paying the fees and costs of the power of sale foreclosure, and after paying the moneys owed to the foreclosing mortgagee, the balance of the sale proceeds shall be distributed by the foreclosing mortgagee to junior creditors having valid liens on the mortgaged property 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 mortgagor.  (c) Lien creditors prior to the foreclosing mortgagee shall not be forced to their right of recovery. However, the foreclosing mortgagee and any prior lien creditor may agree in writing that the proceeds from the sale will be distributed by the foreclosing mortgagee to the prior lien creditor towards the payment of moneys owed to the prior lien creditor before any moneys are paid to the foreclosing mortgagee. [L 1998, c 122, pt of §1; am L 2011, c 48, §29]
HI Rev Stat § 667-33 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-33 Recordation of affidavit, conveyance document; effect.

  §667-33 Recordation of affidavit, conveyance document; effect. (a) The affidavit required under section 667-32 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 foreclosing mortgagee shall mail or deliver a recorded copy to those persons entitled to receive the public notice of the public sale under section 667-27(c).  (b) When both the affidavit and the conveyance document are recorded:  (1) The sale of the mortgaged property is considered completed;  (2) All persons claiming by, through, or under the mortgagor and all other persons having liens on the mortgaged property junior to the lien of the foreclosing mortgagee shall be forever barred of and from any and all right, title, interest, and claims at law or in equity in and to the mortgaged property and every part of the mortgaged property, except as otherwise provided by law;  (3) The lien of the foreclosing mortgagee and all liens junior in priority to the lien of a foreclosing mortgagee shall be automatically extinguished from the mortgaged property; and  (4) The purchaser shall be entitled to immediate and exclusive possession of the mortgaged property.  (c) The mortgagor and any person claiming by, through, or under the mortgagor and who is remaining in possession of the mortgaged property 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 mortgaged property 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 attorney's fees and costs and all other reasonable fees and costs, all of which are to be paid for by the non-prevailing party. [L 1998, c 122, pt of §1; am L 2012, c 182, §23]
HI Rev Stat § 667-36 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-36 Sale of property separately.

  §667-36 Sale of property separately.  If the mortgaged property consists of more than one real property, each property may be sold separately to satisfy the mortgage debt. [L 1998, c 122, pt of §1]
HI Rev Stat § 667-37 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-37 Judicial action of foreclosure before public sale.

  §667-37 Judicial action of foreclosure before public sale.  This part shall not prohibit the foreclosing mortgagee, or any other creditor having a recorded lien on the mortgaged property before the recordation of the notice of default under section 667-23, from filing an action for the judicial foreclosure of the mortgaged property in the circuit court of the circuit where the mortgaged property is located; provided that the action is filed before the public sale is held. [L 1998, c 122, pt of §1; am L 2011, c 48, §31; am L 2012, c 182, §24; am L 2013, c 197, §2]
HI Rev Stat § 667-38 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-38 Deficiency judgment against owner-occupant prohibited.

  §667-38 Deficiency judgment against owner-occupant prohibited. Upon completion of the nonjudicial foreclosure of residential property pursuant to this part, the mortgagee or other person, excluding an association, shall not be entitled to pursue or obtain a deficiency judgment against an owner-occupant unless the debt is secured by other collateral. The debts of other lien creditors are unaffected except as provided in this part. [L 1998, c 122, pt of §1; am L 2012, c 182, §25]
HI Rev Stat § 667-39 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-39 Right to enforce this part.

  §667-39 Right to enforce this part. (a) The foreclosing mortgagee, any other creditor having a recorded lien on the mortgaged property before the recordation of the notice of default and intention to foreclose under section 667-23, the borrower, and the mortgagor, may enforce this part by bringing an action in the circuit court of the circuit where the mortgaged property is located.  (b) The remedies provided in this part are cumulative and shall not abridge the right of a party to bring an action under any other law, including sections 454M-9 and 480-2. [L 1998, c 122, pt of §1; am L 2011, c 48, §32]
HI Rev Stat § 667-40 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-40 Use of power of sale foreclosure in certain non-mortgage situations.

  §667-40 Use of power of sale foreclosure in certain non-mortgage situations. A power of sale foreclosure under this part may be used in certain non-mortgage situations where a law or a written document contains, authorizes, permits, or provides for a power of sale, a power of sale foreclosure, a power of sale remedy, or a nonjudicial foreclosure. These laws or written documents are limited to those involving time share plans, condominium property regimes, and agreements of sale. [L 1998, c 122, pt of §1]
HI Rev Stat § 667-42 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-42 REPEALED.

  §667-42 REPEALED. L 2011, c 48, §36.
HI Rev Stat § 667-50 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-50 REPEALED.

Revision Note Part heading added pursuant to §23G-15. §667-50 REPEALED.  L 2012, c 182, §59.
HI Rev Stat § 667-51 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-51 Appeals.

  §667-51 Appeals. (a) Without limiting the class of orders not specified in section 641-1 from which appeals may also be taken, the following orders entered in a foreclosure case shall be final and appealable:  (1) A judgment entered on a decree of foreclosure, and if the judgment incorporates an order of sale or an adjudication of a movant's right to a deficiency judgment, or both, then the order of sale or the adjudication of liability for the deficiency judgment also shall be deemed final and appealable;  (2) A judgment entered on an order confirming the sale of the foreclosed property, if the circuit court expressly finds that no just reason for delay exists, and certifies the judgment as final pursuant to rule 54(b) of the Hawaii rules of civil procedure; and  (3) A deficiency judgment; provided that no appeal from a deficiency judgment shall raise issues relating to the judgment debtor's liability for the deficiency judgment (as opposed to the amount of the deficiency judgment), nor shall the appeal affect the finality of the transfer of title to the foreclosed property pursuant to the order confirming sale.  (b) An appeal shall be taken in the manner and within the time provided by the rules of court. [L 2003, c 89, §2]
HI Rev Stat § 667-52 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-52 Buyer's choice of title insurer and escrow agent.

  §667-52 Buyer's choice of title insurer and escrow agent. (a) In connection with a judicial foreclosure or foreclosure by power of sale of residential property improved by four or fewer dwelling units, no foreclosing mortgagee or mortgagee who acquires the property through a foreclosure proceeding shall require, directly or indirectly, as a condition of selling the property, that the buyer purchase an owner's title insurance policy covering the property or escrow service in connection with the sale of the property from a particular title insurer or escrow depository. This section shall not prohibit a buyer from agreeing to accept the services of a title insurer or an escrow depository recommended by the foreclosing mortgagee or mortgagee who acquires the property through the foreclosure proceeding if written notice of the right to make an independent selection of those services is first provided to the buyer by the foreclosing mortgagee or mortgagee who acquires the property through the foreclosure proceeding.  (b) A foreclosing mortgagee or mortgagee who acquires the property through a foreclosure proceeding who violates this section shall be liable to a buyer in an amount equal to three times all charges incurred in the purchase of the title insurance or escrow service.   (c) A transaction subject to this section shall not be invalidated solely because of the failure of any person to comply with any provision of this section. [L 2010, c 36, §1]
HI Rev Stat § 667-54 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|667. Foreclosures|667-54 Petition for conversion; residential property; required contents.

  §667-54 Petition for conversion; residential property; required contents. (a) A petition filed pursuant to section 667-53 shall contain at a minimum:  (1) A caption setting forth the name of the court, the title of the action, and the file number; provided that the title of the action shall include the names of the filing party as petitioner and the foreclosing party as the respondent;  (2) The name, mailing address, and telephone number of the filing party;  (3) The address or tax map key number, and the certificate of title or transfer certificate of title number if registered in the land court, of the property subject to the foreclosure action;  (4) A statement identifying all other owner-occupants and mortgagors of the property whose interests are pledged or otherwise encumbered by the mortgage that is being foreclosed and all persons who have signed the promissory note or other instrument evidencing the debt secured by the mortgage that is being foreclosed, including without limitation co-obligors and guarantors;  (5) A certification under penalty of perjury that the filing party is an owner-occupant of the subject property and seeks to convert the nonjudicial foreclosure to a judicial proceeding;  (6) A statement certifying that the filing party served a copy of the petition on the attorney identified in the foreclosure notice under section 667-22 either by personal delivery at, or by postage prepaid United States mail to, the address of the attorney as set forth in the foreclosure notice under section 667-22; and  (7) A copy of the foreclosure notice that was served on the filing party pursuant to section 667-22 and for which the filing party is seeking to convert to a judicial proceeding.  (b) The assignment of parties in the petition for conversion pursuant to subsection (a) shall relate to the petition for conversion only and shall not be construed to affect the assignment of parties in a nonjudicial power of sale foreclosure converted to a judicial foreclosure pursuant to this part. [L 2011, c 48, pt of §5, §45(4); am L 2012, c 182, § §28, 49] Rules of Court  See Rules for Conversion of Non-Judicial Foreclosure Proceedings.