reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-57 Suspension of foreclosure actions by junior lienholders.

§667-57 Suspension of foreclosure actions by junior lienholders.
(a) Upon initiation of a foreclosure action pursuant to part IA or part II by a foreclosing mortgagee, no junior lienholder, except for an association, shall be permitted to initiate or continue a nonjudicial foreclosure until the foreclosure initiated by the foreclosing mortgagee has been concluded by a judgment issued by a court pursuant to section 667-1.5, the recording of an affidavit after public sale pursuant to section 667-33, or the filing of an agreement under the mortgage foreclosure dispute resolution provisions of section 667-81; provided that if pursuant to part IA or part VI:
(1) An association forecloses on a unit occupied by one or more mortgagors for whom the unit is and has been the person's primary residence for a continuous period of not less than two hundred days immediately preceding the date on which the notice is served; and
(2) The mortgagee subsequently forecloses its lien on the same property,
those mortgagors shall be deemed to be owner-occupants, as defined in section 667-1, for the purpose of section 667-38 and shall retain their right to require the foreclosing mortgagee to participate in the procedures established under part V, notwithstanding the association's foreclosure.
(b) Upon initiation of a foreclosure action pursuant to part II by a foreclosing mortgagee, no junior lienholder, except for an association, shall be permitted to initiate or continue a nonjudicial foreclosure during the pendency of a stay pursuant to section 667-83; provided that a junior lienholder may initiate or continue with a nonjudicial foreclosure if the junior lien foreclosure was initiated before the foreclosure action by the foreclosing mortgagee and if pursuant to part IA or part VI:
(1) An association forecloses on a unit occupied by one or more mortgagors for whom the unit is and has been the person's primary residence for a continuous period of not less than two hundred days immediately preceding the date on which the notice is served; and
(2) The mortgagee subsequently forecloses its lien on the same property,
those mortgagors shall be deemed to be owner-occupants, as defined in section 667-1, for the purpose of section 667-38 and shall retain their right to require the foreclosing mortgagee to participate in the procedures established under part V, notwithstanding the association's foreclosure. [L 2011, c 48, pt of §6; am L 2012, c 182, §31; am L 2013, c 197, §3]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-58 Valid notice; affiliate statement.

§667-58 Valid notice; affiliate statement.
(a) Any notices made pursuant to this chapter may be issued only by persons authorized by a foreclosing mortgagee or lender pursuant to an affiliate statement signed by that foreclosing mortgagee or lender and recorded at the bureau of conveyances identifying the agency or affiliate relationship and the authority granted or conferred to that agent or representative.
(b) The bureau of conveyances document number for the affiliate statement required under subsection (a) shall be included in any notice required to be personally served upon the mortgagor or borrower under this chapter.
(c) Any notice provided by a mortgage servicer, including an agent, employee, or representative of that mortgage servicer, shall be issued only by a mortgage servicer that has been listed in the affiliate statement filed by the foreclosing mortgagee or lender under subsection (a); provided further that the mortgage servicer shall be licensed under or otherwise exempt from chapter 454M. The agency relationship or affiliation of the mortgage servicer and the foreclosing mortgagee or lender and any authority granted or conferred to that mortgage servicer shall be described in the affiliate statement filed under both subsection (a) and section 454M-5(b)(5)(F).
(d) No attorney of a mortgage servicer, foreclosing mortgagee, or lender shall be required to be included in any affiliate statement of a foreclosing mortgagee or lender. No notice or other correspondence made by any attorney for the foreclosing mortgagee or lender shall be required to reference any affiliate statement made by the foreclosing mortgagee or lender. Any notice or other correspondence made by any attorney for a mortgage servicer shall reference, in accordance with subsection (b), the appropriate affiliate statement of the foreclosing mortgagee or lender authorizing the mortgage servicer to act. [L 2011, c 48, pt of §6; am L 2012, c 182, §32; am L 2015, c 62, §8]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-59 Actions and communications with the mortgagor in connection with a foreclosure.

§667-59 Actions and communications with the mortgagor in connection with a foreclosure.
A foreclosing mortgagee shall be bound by all agreements, obligations, representations, or inducements made on its behalf by its agents, including but not limited to its employees, representatives, mortgage servicers, or persons authorized by a foreclosing mortgagee or lender pursuant to an affiliate statement recorded in the bureau of conveyances pursuant to section 667-58. [L 2011, c 48, pt of §6; am L 2012, c 182, §33]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-62 Time share interest foreclosure under power of sale; notice; affidavit after sale.

§667-62 Time share interest foreclosure under power of sale; notice; affidavit after sale.
(a) When a power of sale is contained in a mortgage of a time share interest, the mortgagee or the mortgagee's successor in interest or any person authorized by the power to act in the premises, upon a breach of the condition, may foreclose upon the mortgage by:
(1) Giving notice of the intention to foreclose the mortgage and of the sale of the mortgaged time share interest by:
(A) Certified mail, return receipt requested, to the mortgagor at the mortgagor's last known address, for mortgagors whose address is within the United States; or
(B) Mail to the mortgagor at the mortgagor's last known address, for mortgagors whose address is outside the United States; and
(C) Publication once in each of three successive weeks (three publications), the last publication to be not less than fourteen days before the day of sale, in a newspaper of general circulation in the county in which the mortgaged time share interest lies; and
(2) Giving such notices and [doing] all such acts as are authorized or required by the power contained in the mortgage.
Copies of the notice shall be filed with the state director of taxation and shall be posted on the premises of the time share interest not less than twenty-one days before the day of sale.
(b) The day of sale may be at any time after four weeks from the date of publication of the first notice pursuant to subsection (a)(1). Any sale of which notice has been given pursuant to subsection (a) may be postponed from time to time by public announcement made by the mortgagee or by some person acting on the mortgagee's behalf.
(c) Within thirty days after selling the time share interest pursuant to the power of sale, the mortgagee shall file a copy of the notice of sale and the mortgagee's affidavit in the bureau of conveyances. The affidavit may lawfully be made by any person duly authorized to act for the mortgagee and in such capacity conducting the foreclosure, and shall set forth the mortgagee's acts in the time share interest fully and with particularity. The notice may contain a description of the mortgaged time share interest and the time and place proposed for its sale.
(d) The affidavit and copy of the notice shall be recorded and indexed by the registrar of conveyances as provided in chapter 501 or 502, as the case may be. [L 2005, c 82, pt of §1]
Revision Note
Pursuant to §23G-15, in:
(1) Subsection (a)(1), comma deleted after "the mortgage"; and
(2) Subsection (a)(2), "do" changed to "doing".
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-63 Notice to mortgage creditors

§667-63 Notice to mortgage creditors
. (a) A mortgage creditor having a mortgage lien on a time share interest who desires notice that another mortgage creditor having a mortgage lien on the time share interest intends to foreclose and sell the mortgaged time share interest, pursuant to the power of sale under section 667-62, may submit a written request to the mortgagee who is foreclosing or who may foreclose the mortgage by power of sale, asking to receive notice of the mortgagee's intention to foreclose the mortgage under section 667-62. The request for notice:
(1) May be submitted any time after the recordation of the subject mortgage; provided that the request is submitted prior to completion of publication of notice of the intention to foreclose the mortgage and of the sale of the mortgaged time share interest;
(2) Shall be signed by the mortgage creditor desiring to receive notice, or its authorized representative; and
(3) Shall specify the name and address of the person to whom the notice is to be mailed.
(b) The mortgagee receiving the request shall thereafter give notice to all mortgage creditors who have timely submitted their request. The notice shall be sent by mail or otherwise communicated to the mortgage creditors not less than seven calendar days prior to the day of sale.
(c) No request for a copy of any notice pursuant to this section nor any statement or allegation in any such request nor any record thereof shall affect the title to the time share interest or be deemed notice to any person that any party requesting copy of the notice has or claims any right, title, or interest in, or lien or charge upon the time share interest described in the mortgage referred to therein. [L 2005, c 82, pt of §1; am L 2012, c 182, §35]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-64 Affidavit as evidence.

§667-64
Affidavit as evidence.
If it appears by the affidavit filed under section 667-62(c) that the affiant has in all respects complied with the requirements of the power of sale and section 667-62 in relation to all things to be done by the affiant before selling the time share interest, a certified copy of the record thereof shall be admitted as evidence that the power of sale was duly executed. [L 2005, c 82, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-65 Application of time share interest power of sale requirements.

§667-65 Application of time share interest power of sale requirements.
The requirements of sections 667-62 to 667-64 shall apply only to time share interest mortgages, loans, agreements, and contracts that contain the power of sale. [L 2005, c 82, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-71 Applicability.

§667-71 Applicability.
(a) This part shall apply to nonjudicial foreclosures conducted by power of sale under part II, of residential real property that is occupied by one or more mortgagors who are owner-occupants.
(b) This part shall not apply to actions by an association to foreclose on a lien for amounts owed to the association that arise under a declaration filed pursuant to chapter 421J or 514B or any predecessor to chapter 514B or to a mortgagor who has previously participated in dispute resolution under this part for the same property on the same mortgage loan.
(c) This part shall not apply to a power of sale foreclosure that has been converted to a judicial foreclosure action pursuant to section 667-53. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §36, 49; am L 2017, c 181, §43]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-73 Mortgage foreclosure dispute resolution program; administration.

§667-73 Mortgage foreclosure dispute resolution program; administration.
(a) There is established in the department a mortgage foreclosure dispute resolution program to provide an owner-occupant an opportunity to negotiate an agreement that avoids foreclosure or mitigates damages in cases where foreclosure is unavoidable.
(b) The judiciary, through the center for alternative dispute resolution, shall provide assistance to the department in program matters including:
(1) Contract procurement;
(2) Performance oversight, such as monitoring compliance with the program requirements; and
(3) Management services to oversee any contract between the department and a private organization retained by the department to provide dispute resolution services or personnel, including providing the department with monthly status reports and evaluations.
The department and the judiciary shall execute a memorandum of understanding that establishes their rights and responsibilities relating to the mortgage foreclosure dispute resolution program, which may be amended from time to time.
(c) The department is authorized to contract with county, state, or federal agencies, and with private organizations, approved housing counselors, and approved budget and credit counselors for the performance of any of the functions of this part. These contracts shall not be subject to chapter 103D or 103F. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §37, 49]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-74 Availability of dispute resolution required before foreclosure.

§667-74 Availability of dispute resolution required before foreclosure.
Before a public sale may be conducted pursuant to section 667-25 for a residential property that is occupied by an owner-occupant, the foreclosing mortgagee, at the election of the owner-occupant, shall participate in the mortgage foreclosure dispute resolution program under this part to attempt to negotiate an agreement that avoids foreclosure or mitigates damages in cases where foreclosure is unavoidable. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §38, 49]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-75 Notice of dispute resolution availability required.

§667-75 Notice of dispute resolution availability required.
(a) A foreclosure notice served pursuant to section 667-22(e) shall include notice that the mortgagee is required, at the election of an owner-occupant, to participate in the mortgage foreclosure dispute resolution program pursuant to this part to attempt to avoid foreclosure or to mitigate damages where foreclosure is unavoidable.
(b) The notice required by subsection (a) shall be printed in not less than fourteen-point font and include:
(1) The name and contact information of the mortgagor and the mortgagee;
(2) The subject property address and legal description, including tax map key number and the certificate of title or transfer certificate of title number if registered in the land court;
(3) The name and contact information of a person or entity authorized to negotiate a loan modification on behalf of the mortgagee;
(4) A statement that the mortgagor shall consult with an approved housing counselor or an approved budget and credit counselor at least thirty days prior to the first day of a scheduled dispute resolution session;
(5) Contact information for all approved housing counselors;
(6) Contact information for all approved budget and credit counselors;
(7) A statement that the mortgagor electing to participate in the mortgage foreclosure dispute resolution program shall provide a certification under penalty of perjury to the department that the mortgagor is an owner-occupant of the subject property, including supporting documentation;
(8) A general description of the information that an owner-occupant electing to participate in the mortgage foreclosure dispute resolution program is required to provide to participate in the program as described under section 667-80(c)(2);
(9) A statement that the owner-occupant shall elect to participate in the mortgage foreclosure dispute resolution program pursuant to this part no later than thirty days after the department's mailing of the notice or the right shall be waived. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §39, 49]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-76 Mortgagee's filing of notice with department; filing fee; electronic public notice of public sale.

§667-76 Mortgagee's filing of notice with department; filing fee; electronic public notice of public sale.
(a) Within three days after a mortgagee serves a foreclosure notice on an owner-occupant pursuant to section 667-22, the mortgagee shall file the foreclosure notice with the department and pay a filing fee of $250, which shall be deposited into the mortgage foreclosure dispute resolution special fund established under section 667-86.
(b) A mortgagee who elects to publish a public notice of public sale electronically pursuant to section 667-27(d)(2)(A) shall publish the notice by filing the same with the department and paying a filing fee of $300, which shall be deposited into the mortgage foreclosure dispute resolution special fund established under section 667-86. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §40, 49]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-77 Notification to mortgagor by department.

§667-77 Notification to mortgagor by department.
Within ten days after the mortgagee's filing of a notice of default and intention to foreclose with the department, the department shall mail a written notification by registered or certified mail to the mortgagor that a notice of default and intention to foreclose has been filed with the department. The notification shall inform the mortgagor of an owner-occupant's right to elect to participate in the foreclosure dispute resolution program and shall include:
(1) Information about the mortgage foreclosure dispute resolution program;
(2) A form for an owner-occupant to elect or to waive participation in the mortgage foreclosure dispute resolution program pursuant to this part that shall contain instructions for the completion and return of the form to the department and the department's mailing address;
(3) A statement that the mortgagor electing to participate in the mortgage foreclosure dispute resolution program shall provide a certification under penalty of perjury to the department that the mortgagor is an owner-occupant of the subject property, including a description of acceptable supporting documentation as required by section 667-78(a)(2);
(4) A statement that the owner-occupant shall elect to participate in the mortgage foreclosure dispute resolution program pursuant to this part no later than thirty days after the department's mailing of the notice or the owner-occupant shall be deemed to have waived the option to participate in the mortgage foreclosure dispute resolution program;
(5) A description of the information required under section 667-80(c)(2) that the owner-occupant shall provide to the mortgagee and the neutral assigned to the dispute resolution;
(6) A statement that the owner-occupant shall consult with an approved housing counselor or approved budget and credit counselor at least thirty days prior to the first day of a scheduled dispute resolution session;
(7) Contact information for all approved housing counselors;
(8) Contact information for all approved budget and credit counselors; and
(9) Contact information for the department.
The notification shall be mailed to the subject property address and any other addresses for the mortgagor as provided in the mortgagee's notice of dispute resolution under section 667-75 and the foreclosure notice under section 667-22(a). [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §41, 49]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-78 Owner-occupant's election of dispute resolution; owner-occupant program fee; right to dispute resolution waived

§667-78 Owner-occupant's election of dispute resolution; owner-occupant program fee; right to dispute resolution waived
. (a) An owner-occupant elects to participate in the mortgage foreclosure dispute resolution program by returning to the department:
(1) The completed program election form provided:
(A) Pursuant to section 667-77(2); or
(B) On a website maintained by the department;
(2) Certification under penalty of perjury that the mortgagor is an owner-occupant, accompanied with any supporting documentation, including copies of recent utility billing statements, voter registration records, real estate property tax records, or state identification forms; and
(3) A program fee of $300.
The completed form and fees shall be received by the department no later than thirty days after mailing of the department's notification pursuant to section 667-77
.
(b) If the completed form and fee are not received within the required time period, the owner-occupant shall be deemed to have waived any right to participate in the mortgage foreclosure dispute resolution program with respect to the subject property and the foreclosure notice filed with the department.
(c) If the owner-occupant does not elect to participate in dispute resolution pursuant to this part, the department shall notify the mortgagee within ten days of receiving an election form indicating nonelection or the termination of the thirty-day time period for election. After receiving the department's notification, the mortgagee may proceed with the nonjudicial foreclosure process according to the process provided in part II of this chapter. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §42, 49]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-79 Notification of opening a dispute resolution case; mortgagee's program fee.

§667-79 Notification of opening a dispute resolution case; mortgagee's program fee.
(a) If an owner-occupant elects to participate in the mortgage foreclosure dispute resolution program, the department shall open a dispute resolution case. Within twenty days of receipt of the owner-occupant's election form and fee in accordance with section 667-78, the department shall mail written notification of the case opening to the parties and, if applicable, the condominium or other homeowner association of the project where the owner-occupant's property is located, by registered mail, return receipt requested, which shall include:
(1) Notification of the date, time, and location of the dispute resolution session;
(2) An explanation of the dispute resolution process;
(3) Information about the dispute resolution program requirements; and
(4) Consequences and penalties for noncompliance.
The dispute resolution session shall be scheduled for a date no less than forty and no more than seventy days from the date of the notification of case opening, unless mutually agreed to by the parties and the neutral.
(b) Within fourteen days of the date of the mailing of the written notification, the mortgagee shall pay a program fee of $300 to the department.
(c) The written notification of a case opening under this section shall operate as a stay of the foreclosure proceeding in accordance with section 667-83 and may be recorded. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §43, 49]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-82 Noncompliance with requirements; statement.

§667-82 Noncompliance with requirements; statement.
(a) The neutral's closing report shall indicate if the mortgagee or the owner-occupant failed to comply with requirements of the mortgage foreclosure dispute resolution program.
(1) In the case of the mortgagee, failure to comply with the requirements of the program may consist of:
(A) Participation in dispute resolution without the authority to negotiate a loan modification or without access at all stages of the dispute resolution process to a person who is so authorized;
(B) Failure to provide the required information or documents;
(C) Refusal to cooperate or participate in dispute resolution; or
(D) Refusal or failure to pay program fees under section 667-79 in a timely manner.
(2) In the case of the owner-occupant, failure to comply with the requirements of the program may consist of:
(A) Failure to provide the required information or documents; or
(B) Refusal to cooperate or participate in dispute resolution;
provided that failure by the mortgagee and the owner-occupant to reach an agreement to resolve the dispute shall not constitute failure by the mortgagee or the owner-occupant to comply with the requirements of the mortgage foreclosure dispute resolution program.
(b) If the neutral determines that the noncompliance was unjustified as a result of circumstances within a party's control, sanctions may be imposed on the noncompliant party as follows:
(1) Sanctions against a mortgagee for unjustified noncompliance with the program shall include a stay of the foreclosure under section 667-83 and a fine payable to the owner-occupant not to exceed $1,500; or
(2) Sanctions against an owner-occupant for unjustified noncompliance with the program shall include a removal of the stay of the foreclosure pursuant to section 667-83(b) and a fine payable to the mortgagee not to exceed $1,500. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §46, 49]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-83 Stay of nonjudicial foreclosure proceedings.

§667-83 Stay of nonjudicial foreclosure proceedings.
(a) The written notification of a case opening under section 667-79 shall operate as a stay of the foreclosure proceeding and may be recorded; provided that:
(1) The written notification shall not act as a stay on a foreclosure proceeding by an association; and
(2) The written notification shall not act as a stay on a foreclosure proceeding for the purpose of the date by which the default must be cured pursuant to section 667-22(a)(6).
(b) Upon a stay pursuant to subsection (a), a mortgagee shall not foreclose upon a mortgage:
(1) Until the neutral's report confirming either that the parties have been unable to reach an agreement under section 667-81(b) or the parties have reached an agreement that authorizes foreclosure under section 667-81(c) or (d) is filed with the department;
(2) If a statement of noncompliance has been issued against the mortgagee pursuant to section 667-82; or
(3) Unless otherwise provided by law or court order. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §47, 49; am L 2013, c 197, §4]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-84 Confidentiality.

§667-84 Confidentiality.
Personal financial information and other sensitive personal information, including information describing an individual's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness which is disclosed by the parties in the course of the mortgage foreclosure dispute resolution program, shall be confidential and not subject to public disclosure under chapter 92F or any other state law. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, §49]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-85 Neutral qualifications; status and liability.

§667-85 Neutral qualifications; status and liability.
[(a)] A neutral shall possess sufficient knowledge in the areas of law, real estate, or finance and shall receive sufficient training to be able to effectuate the purposes of this part.
[(b)] A neutral shall not be liable for any act or omission that occurs in relation to the administration or operation of the mortgage foreclosure dispute resolution program. A neutral shall not be a necessary party to, called as a witness in, or subject to any subpoena duces tecum for the production of documents in any arbitral, judicial, or administrative proceeding that arises from or relates to the mortgage foreclosure dispute resolution program. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, §49]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-86 Mortgage foreclosure dispute resolution special fund.

§667-86 Mortgage foreclosure dispute resolution special fund.
(a) There is established in the state treasury a special fund to be known as the mortgage foreclosure dispute resolution special fund to be administered by the department to implement and operate the mortgage foreclosure dispute resolution program established by this part. Moneys collected as fees or fines under sections 454M-10, 667-76, 667-78, 667-79, and 667-53, for the mortgage dispute resolution program and contributions from the sources identified under subsection (b) shall be deposited in the fund. Interest earned from the balance of the fund shall become a part of the fund.
(b) All persons who record an affidavit in the office of the assistant registrar of the land court, pursuant to section 501-118, or who record a conveyance document in the bureau of conveyances for an owner-occupied property subject to a nonjudicial power of sale foreclosure shall pay a fee of $100, which shall be deposited into the mortgage foreclosure dispute resolution special fund on a quarterly basis. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, § §48, 49]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-91 Alternate power of sale process.

§667-91 Alternate power of sale process.
The power of sale process in this part is an alternative process for associations to the foreclosure by action in part IA and the foreclosure by power of sale in part II. [L 2012, c 182, pt of §3(2)]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-93 Recordation of notice of default and intention to foreclose.

§667-93 Recordation of notice of default and intention to foreclose.
Before the deadline date in the notice of default and intention to foreclose, the notice may be recorded in a recordable form in a manner similar to recordation of notices of pendency of action under section 501-151 or section 634-51, or both, as applicable. The recorded notice of default and intention to foreclose shall have the same effect as a notice of pendency of action. From and after the recordation of the notice of default and intention to foreclose, any person who becomes a purchaser or encumbrancer of the unit shall be deemed to have constructive notice of the power of sale foreclosure and shall be bound by the foreclosure. [L 2012, c 182, pt of §3(2)]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-94 Cure of default.

§667-94 Cure of default.
(a) If the default is cured as required by the notice of default and intention to foreclose, the association shall rescind the notice of default and intention to foreclose. If, pursuant to section 667-92(c), the parties agree on a payment plan to cure the default, the notice of default and intention to foreclose shall be put on hold until the payment plan is completed. Within fourteen days of the date of the cure or an agreement on a payment plan, the association shall so notify any person who was served with the notice of default and intention to foreclose. If the default is cured, or the payment plan is completed according to its terms, and the notice of default and intention to foreclose was recorded, a release of the notice of default and intention to foreclose shall be recorded.
(b) If the default is not cured as required by the notice of default and intention to foreclose, the parties have not agreed on a payment plan, or the parties have agreed on a payment plan but a default occurs under the payment plan, the association, without filing a court action and without going to court, may foreclose the association's lien under power of sale to sell the unit at a public sale.
(c) If the parties have agreed on a payment plan to prevent a foreclosure from proceeding, any unpaid fines the association imposes on the unit owner while the payment plan is in effect shall not be deemed a default under the payment plan. As long as the unit owner is not otherwise in default under the payment plan, the:
(1) Association shall notify the unit owner in writing of the right to mediation;
(2) Fines and any attorneys' fees incurred with respect to such fines shall not be deducted from the unit owner's payments pursuant to the payment plan; and
(3) Parties shall attempt to resolve a dispute over fines and attorneys' fees, if any, through mediation, within thirty days of the association's written notice.
If the unit owner refuses to participate in mediation or defaults under the payment plan, or the parties are unable to resolve the dispute through mediation, the association may then commence foreclosure proceedings. [L 2012, c 182, pt of §3(2); am L 2018, c 195, § §2, 6; am L 2020, c 56, §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-95 Date of public sale of unit; place of sale.

§667-95 Date of public sale of unit; place of sale.
(a) The public sale of the unit shall take place on the later of the following:
(1) At least sixty days after the public notice of the public sale is distributed under section 667-96; or
(2) At least fourteen days after the date of the publication of the third public notice advertisement under section 667-96(d).
(b) The public sale of the unit shall be held only in the county where the unit is located; provided that the public sale shall be held only on grounds or at facilities under the administration of the State, as follows:
(1) At the state capitol, for a public sale of a unit located in the city and county of Honolulu;
(2) At a state facility in Hilo, for a public sale of a unit located in the districts of Hamakua, north Hilo, south Hilo, or Puna;
(3) At a state facility in Kailua-Kona, for a public sale of a unit located in the districts of north Kohala, south Kohala, north Kona, south Kona, or Kau;
(4) At a state facility in the county seat of Maui, for a public sale of a unit located in the county of Maui; and
(5) At a state facility in the county seat of Kauai, for a public sale of a unit located in the county of Kauai;
as designated by the department of accounting and general services; provided further that no public sale shall be held on grounds or at facilities under the administration of the judiciary. The public sale shall be held during business hours on a business day.
(c) The public sale of the unit shall be conducted by the association on the date, at the time, and at the place described in the public notice of the public sale. [L 2012, c 182, pt of §3(2)]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-97 Postponement, cancellation of sale.

§667-97 Postponement, cancellation of sale.
(a) The public sale may be either postponed or canceled by the association. Notice of the postponement or the cancellation of the public sale shall be:
(1) Announced by the association at the date, time, and place of the last scheduled public sale; and
(2) Provided to any other person who is entitled to receive the notice of default under section 667-92.
(b) If there is a postponement of the public sale of the unit, a new public notice of the public sale shall be published once in the format described in section 667-96. The new public notice shall state that it is a notice of a postponed sale. The public sale shall take place no sooner than fourteen days after the date of the publication of the new public notice. Not less than fourteen days before the date of the public sale, a copy of the new public notice shall be posted on the unit or on another real property of which the unit is a part, and it shall be mailed or delivered to the unit owner and to any other person entitled to receive notice under section 667-92(e).
(c) Upon the fourth postponement of every series of four consecutive postponements, the association shall follow all of the public notice of public sale requirements of section 667-96, including the requirements of mailing and posting under section 667-96(c) and of publication under section 667-96(d).
(d) The default under the association documents may be cured no later than three business days before the date of the public sale of the unit by paying the entire amount that would be owed to the association if the payments under the association documents had not been accelerated, plus the association's attorney's fees and costs, and all other fees and costs incurred by the association related to the default, unless otherwise agreed to between the association and the unit owner. There is no right to cure the default or any right of redemption after that time. If the default is so cured, the public sale shall be canceled. [L 2012, c 182, pt of §3(2)]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-98 Authorized bidder; successful bidder.

§667-98 Authorized bidder; successful bidder.
Any person, including the association, shall be authorized to bid for the unit at the public sale and to purchase the unit. The highest bidder who meets the requirements of the terms and conditions of the public sale shall be the successful bidder. The public sale shall be considered as being held when the unit is declared by the association as being sold to the successful bidder. When the public sale is held, the successful bidder at the public sale, as the purchaser, shall make a nonrefundable downpayment to the association of not less than ten per cent of the highest successful bid price. If the successful bidder is the association, the downpayment requirement may be satisfied by offset and a credit bid up to the amount of the lien debt. [L 2012, c 182, pt of §3(2)]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-99 Successful bidder's failure to comply; forfeiture of downpayment.

§667-99 Successful bidder's failure to comply; forfeiture of downpayment.
If the successful bidder later fails to comply with the terms and conditions of the public sale or fails to complete the purchase within forty-five days after the public sale is held, the downpayment shall be forfeited by that bidder. The forfeited downpayment shall be credited by the association first towards the association's attorney's fees and costs, then towards the fees and costs of the power of sale foreclosure, and any balance towards the moneys owed to the association. The association, in its discretion, may then accept the bid of the next highest bidder who meets the requirements of the terms and conditions of the public sale or may begin the public sale process again. [L 2012, c 182, pt of §3(2)]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-100 Conveyance of property on payment of purchase price; distribution of sale proceeds.

§667-100 Conveyance of property on payment of purchase price; distribution of sale proceeds.
(a) After the purchaser completes the purchase by paying the full purchase price and the costs for the purchase, the unit shall be conveyed to the purchaser by a conveyance document. The conveyance document shall be in a recordable form and shall be signed by the association in the association's name. The unit owner shall not be required to sign the conveyance document.
(b) From the sale proceeds, after paying in the following order:
(1) The association's attorney's fees and costs;
(2) The fees and costs of the power of sale foreclosure;
(3) The moneys owed to the association; and
(4) All other liens and encumbrances in the order of priority as a matter of law,
the balance of the sale proceeds shall be distributed by the association to junior creditors having valid liens on the unit in the order of their priority and not pro rata. Any remaining surplus after payment in full of all valid lien creditors shall be distributed to the unit owner.
(c) Lien creditors prior to the association shall not be forced to their right of recovery. However, the association and any prior lien creditor may agree in writing that the proceeds from the sale will be distributed by the association to the prior lien creditor towards the payment of moneys owed to the prior lien creditor before any moneys are paid to the association. [L 2012, c 182, pt of §3(2)]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-102 Recordation of affidavit, conveyance document; effect.

§667-102 Recordation of affidavit, conveyance document; effect.
(a) The affidavit required under section 667-101 and the conveyance document shall be recorded no earlier than ten days after the public sale is held but not later than forty-five days after the public sale is held. The affidavit and the conveyance document may be recorded separately and on different days. After the recordation, the association shall mail or deliver a recorded copy to those persons entitled to receive the public notice of the public sale under section 667-96(c).
(b) When both the affidavit and the conveyance document are recorded:
(1) The sale of the unit is considered completed;
(2) All persons claiming by, through, or under the unit owner and all other persons having liens on the unit junior to the lien of the association shall be forever barred of and from any and all right, title, interest, and claims at law or in equity in and to the unit and every part of the unit, except as otherwise provided by law;
(3) The lien of the association and all liens junior in priority to the lien of an association shall be automatically extinguished from the unit; and
(4) The purchaser shall be entitled to immediate and exclusive possession of the unit.
(c) The unit owner and any person claiming by, through, or under the unit owner and who is remaining in possession of the unit after the recordation of the affidavit and the conveyance document shall be considered a tenant at sufferance subject to eviction or ejectment. The purchaser may bring an action in the nature of summary possession under chapter 666, ejectment, or trespass or may bring any other appropriate action in a court where the unit is located to obtain a writ of possession, a writ of assistance, or any other relief. In any such action, the court shall award the prevailing party its reasonable attorneys' fees and costs and all other reasonable fees and costs, all of which are to be paid for by the non-prevailing party. [L 2012, c 182, pt of §3(2)]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-103 Recordation; full satisfaction of debt by unit owner.

§667-103 Recordation; full satisfaction of debt by unit owner.
Except as provided in section 667-92(f)(2), the recordation of both the conveyance document and the affidavit shall not operate as full satisfaction of the debt owed by the unit owner to the association unless the sale proceeds from the unit or the amounts paid by a purchaser under the special assessment permitted by section 421J-10.5 or 514B-146 are sufficient to satisfy the unit owner's debt to the association, including the association's legal fees and costs. The debts of other lien creditors are unaffected except as provided in this part. [L 2012, c 182, pt of §3(2)]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 667. Foreclosures › 667-104 Prohibited conduct.

§667-104 Prohibited conduct.
It shall be a prohibited practice for any association 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; or
(4) Completing or attempting to complete nonjudicial foreclosure proceedings against a unit owner in violation of section 667-92(c). [L 2012, c 182, pt of §3(2)]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 668. Partition of Real Estate › 668-2 Necessary parties; unknown owners.

§668-2 Necessary parties; unknown owners.
[(a)] Subject to the rules of court and section 668-8.5, plaintiff shall join as a party every person having or claiming to have, as far as known to the plaintiff, any legal or equitable right, title, or interest in the property described in the complaint or any part thereof or any lien or other claim with respect thereto. Such persons shall be named in the complaint as far as known to the plaintiff.
[(b)] All persons interested or who may claim any interest in the premises who cannot be identified or whose names are unknown to the plaintiff, shall be made parties as provided by the rules of court. [L 1923, c 178, §2; RL 1925, §2762; am L 1929, c 83, §1; RL 1935, §4741; RL 1945, §12451; RL 1955, §337-2; HRS §668-2; am L 1972, c 90, §11(b); gen ch 1985]
Case Notes
Petition to partition equitable title allowed without joining trustees who held legal title under trust for execution of mortgage, since discharged. 10 H. 487 (1896).
Intervening minor. 30 H. 323 (1928).
Unborn heirs. 31 H. 517 (1930).
State not "person" having interest; no waiver of sovereign immunity. 48 H. 92, 96, 395 P.2d 620 (1964).
Cited: 35 H. 262, 292 (1939).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 668. Partition of Real Estate › 668-3 Complaint.

§668-3 Complaint.
The complaint shall particularly describe the property sought to be partitioned, and shall set forth the title and rights of all parties interested therein and the extent of their respective interests, as far as known to the plaintiff. In case any person or persons interested are unknown to the plaintiff so that they cannot be named, or if the plaintiff does not know the share or quantity of interest of any party, or if any share or interest is uncertain or contingent or dependent upon some executory devise or provision, so that the same cannot be stated by the plaintiff, the facts shall be stated in the complaint and, if required by the rules of court, a supporting affidavit shall be furnished. [L 1923, c 178, §3; RL 1925, §2763; RL 1935, §4742; RL 1945, §12452; RL 1955, §337-3; HRS §668-3; am L 1972, c 90, §11(c)]
Rules of Court
Unidentified defendants, see HRCP rule 17(d). Pleading under the Hawaii Rules of Civil Procedure, see HRCP rules 8(a), (e), 10.
Case Notes
Cited: 33 H. 745, 762 (1936); 35 H. 262, 292 (1939).