reglab/statecodes huggingface dataset:
2023 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).
2023 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Sections 62-34 and 70-65 referred to in text are repealed.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).
2023 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).
2023 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.
2023 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).
2023 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).
2023 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]
2023 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)]
2023 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).
2023 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.
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-53 Conversion to judicial foreclosure; residential property; conditions.

§667-53 Conversion to judicial foreclosure; residential property; conditions.
(a) An owner-occupant of a residential property that is subject to nonjudicial foreclosure under part II may convert the action to a judicial foreclosure provided that:
(1) A petition conforming to section 667-54 shall be filed with the circuit court in the circuit where the residential property is located, stating that the owner-occupant of the property elects to convert the nonjudicial foreclosure to a judicial foreclosure proceeding, no later than thirty days after the foreclosure notice is served on the owner-occupant, as required by section 667-22;
(2) Within forty-five days of the filing of the petition, all owner-occupants and mortgagors of an interest in the residential 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, shall file a statement in the circuit court action that they agree to submit themselves to the judicial process and the jurisdiction of the circuit court; provided further that if this condition is not satisfied, the circuit court action may be dismissed with prejudice as to the right of any owner-occupant to convert the action to a judicial proceeding, and the mortgagee may proceed nonjudicially;
(3) Filing a petition pursuant to paragraph (1) shall automatically stay the nonjudicial foreclosure action unless and until the judicial proceeding has been dismissed;
(4) The person filing the petition pursuant to paragraph (1) shall have an affirmative duty to promptly notify the Hawaii attorney who is handling the nonjudicial foreclosure about the filing of the complaint for conversion;
(5) All parties joined in the converted judicial proceeding may assert therein any claims and defenses that they could have asserted had the action originally been commenced as a judicial foreclosure action; and
(6) The fee for filing the petition shall be $250, which shall be deposited into the mortgage foreclosure dispute resolution special fund established under section 667-86.
(b) This section shall not apply to foreclosures of association liens that arise under a declaration filed pursuant to chapter 421J or 514B or any predecessor to chapter 514B.
(c) This section shall not apply to a foreclosure for which the mortgagor has elected to participate in the mortgage foreclosure dispute resolution program pursuant to part V.
(d) The judiciary may create and adopt a form for a conversion petition. [L 2011, c 48, pt of §5, §45(4); am L 2012, c 182, § §27, 49; am L 2017, c 181, §42]
Note
Conditions for owner-occupants undergoing nonjudicial foreclosures and electing to convert to judicial foreclosure. L 2011, c 48, §37.
Rules of Court
See Rules for Conversion of Non-Judicial Foreclosure Proceedings.
2023 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.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-55 Notice of default and intention to foreclose; residential property; required statement on conversion.

§667-55
Notice of default and intention to foreclose; residential property; required statement on conversion.
(a) The foreclosure notice that is served as required under section 667-22 shall include, in addition to the contents required under section 667-22, a statement printed in not less than fourteen-point font as follows:
"If the property being foreclosed is improved and used for residential purposes, an Owner-occupant of the property (defined IN chapter 667 of the Hawaii Revised Statutes as a person who, at the time this notice is served, owns an interest in the residential property that is subject to the mortgage being foreclosed and the residential property has been the primary residence continuously for not less than TWO HUNDRED days) has the right to convert a nonjudicial foreclosure proceeding to a judicial foreclosure where claims and defenses may be considered by a court of law. To exercise this right, the owner-occupant shall complete and file the attached form with the circuit court in the circuit where the property is located, within thirty days after service of this notice.
In addition, all owner-OCCUPANTs AND MORTGAGORS of the residential property whose interests have been 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, shall file a statement in the circuit court action that they agree to submit to the judicial process and the jurisdiction of the circuit court within FORTY-FIVE days of the filing of the attached form. Failure to satisfy this condition MAY result in dismissal of the circuit court action WITH PREJUDICE.
An owner-occupant shall promptly notify the Hawaii attorney listed in this notice about the filing of the conversion form.
MORTGAGE FORECLOSURE DISPUTE RESOLUTION MAY BE AVAILABLE IN NONJUDICIAL FORECLOSURE ACTIONS AS AN ALTERNATIVE FOR OWNER-OCCUPANTS ATTEMPTING TO AVOID FORECLOSURE OR TO MITIGATE THE EFFECTS OF FORECLOSURE ON AN OWNER-OCCUPANT. HOWEVER, IF the nonjudicial foreclosure is converted to a judicial foreclosure action, DISPUTE RESOLUTION MAY NOT thereafter BE AVAILABLE UNLESS ORDERED BY A JUDGE.
a foreclosing lender who completes a nonjudicial foreclosure of residential property COULD be prohibited under hawaii law from pursuing a deficiency judgment against A MORTGAGOR. if this action is converted to a judicial proceeding, however, then all remedies available to a lender may be asserted, including the right to seek a deficiency judgment."
(b) The statement required by this section shall not be required to be included in the public notice of public sale published pursuant to section 667-27. [L 2011, c 48, pt of §5, §45(4); am L 2012, c 182, § §29, 49]
Rules of Court
See Rules for Conversion of Non-Judicial Foreclosure Proceedings.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-56 Prohibited conduct.

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