Hawaii Revised Statutes
667. Foreclosures
667-19 Association foreclosures; cure of default; payment plan.

§667-19 Association foreclosures; cure of default; payment plan. If a foreclosure by action is initiated by an association pursuant to section 421J-10.5 or 514B-146:
(1) At the time of the commencement of the foreclosure by action, the association shall serve the unit owner with written contact information for approved housing counselors and approved budget and credit counselors;
(2) A unit owner may cure the default within sixty days after service of the association's complaint for foreclosure by action by paying the association the full amount of the default, including the foreclosing association's attorneys' fees and costs, and all other fees and costs related to the default, along with any additional amounts estimated to be incurred by the foreclosing association;
(3) A unit owner may submit a payment plan within thirty days after service of the association's complaint for foreclosure by action. The unit owner shall submit the payment plan to the association or its attorney by certified mail return receipt requested or by hand delivery. The association shall not reject a reasonable payment plan. A unit owner's failure to strictly perform any agreed-upon payment plan shall entitle the association to pursue its remedies without further delay. For purposes of this paragraph, "reasonable payment plan" means a plan that provides for:
(A) Timely payment of all assessments that become due after the date that the payment plan is proposed; and
(B) Additional monthly payments of an amount sufficient to cure the default, within a reasonable period under the circumstances as determined by the board of directors in its discretion; provided that a period of up to twelve months shall be deemed reasonable; and provided further that the board of directors shall have the discretion to agree to a payment plan in excess of twelve months;
(4) From and after the date that the unit owner gives written notice to the association of the unit owner's intent to cure the default pursuant to paragraph (2) or timely submits a payment plan pursuant to paragraph (3), any foreclosure by action shall be stayed during the sixty-day period to cure the default or during the term of the payment plan or a longer period that is agreed upon by the parties;
(5) If the default is cured pursuant to paragraph (2), the association shall dismiss the foreclosure by action. If the parties have agreed on a payment plan pursuant to paragraph (3), the association shall stay the foreclosure by action. Within fourteen days of the date of the cure or an agreement on a payment plan, the association shall notify any person who was served as a result of the foreclosure by action that the action has been dismissed or stayed, as the case may be. If a notice of pendency of action for the foreclosure by action was recorded, a release of the notice of pendency of action shall be recorded if the action is dismissed; and
(6) If the default is not cured pursuant to paragraph (2), or the parties have not agreed on a payment plan pursuant to paragraph (3), the association may continue to foreclose the association's lien under foreclosure by action. [L 2012, c 182, pt of §3(3); am L 2017, c 181, §41]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 36. Civil Remedies and Defenses and Special Proceedings

667. Foreclosures

667-1 Definitions.

667-1.5 Foreclosure by action.

667-2 Other mortgagees joined.

667-3 Proceeds, how applied.

667-4 Defenses.

667-5 REPEALED.

667-5.5 Foreclosure notice; planned communities; condominiums; cooperative housing projects.

667-5.7 to 667-8 REPEALED.

667-9 Dower barred, when.

667-10 Power unaffected by transfer; surplus after sale.

667-11 to 667-13 REPEALED.

667-14 and 667-15

667-17 Attorney affirmation in judicial foreclosure.

667-18 REPEALED.

667-19 Association foreclosures; cure of default; payment plan.

667-20 Publication of notice of public sale.

667-20.1 Postponement, cancellation of sale.

667-21 Power of sale process.

667-21.5 Foreclosure notice; planned communities; condominiums; cooperative housing projects.

667-21.6 REPEALED.

667-22 Notice of default and intention to foreclose; contents; distribution.

667-23 Recordation of notice of default and intention to foreclose.

667-24 Cure of default.

667-25 Date, place of public sale of mortgaged property.

667-26 REPEALED.

667-27 Public notice of public sale; contents; distribution; publication.

667-28 Postponement, cancellation of sale.

667-29 Authorized bidder; successful bidder.

667-30 Successful bidder's failure to comply; forfeiture of downpayment.

667-31 Conveyance of property on payment of purchase price; distribution of sale proceeds.

667-32 Affidavit after public sale; contents.

667-33 Recordation of affidavit, conveyance document; effect.

667-34 and 667-35 REPEALED.

667-36 Sale of property separately.

667-37 Judicial action of foreclosure before public sale.

667-38 Deficiency judgment against owner-occupant prohibited.

667-39 Right to enforce this part.

667-40 Use of power of sale foreclosure in certain non-mortgage situations.

667-41 Public information notice requirement.

667-42 REPEALED.

667-50 REPEALED.

667-51 Appeals.

667-52 Buyer's choice of title insurer and escrow agent.

667-53 Conversion to judicial foreclosure; residential property; conditions.

667-54 Petition for conversion; residential property; required contents.

667-55 Notice of default and intention to foreclose; residential property; required statement on conversion.

667-56 Prohibited conduct.

667-57 Suspension of foreclosure actions by junior lienholders.

667-58 Valid notice; affiliate statement.

667-59 Actions and communications with the mortgagor in connection with a foreclosure.

667-60 Unfair or deceptive act or practice; transfer of title.

667-61 REPEALED.

667-62 Time share interest foreclosure under power of sale; notice; affidavit after sale.

667-63 Notice to mortgage creditors

667-64 Affidavit as evidence.

667-65 Application of time share interest power of sale requirements.

667-71 Applicability.

667-72 REPEALED.

667-73 Mortgage foreclosure dispute resolution program; administration.

667-74 Availability of dispute resolution required before foreclosure.

667-75 Notice of dispute resolution availability required.

667-76 Mortgagee's filing of notice with department; filing fee; electronic public notice of public sale.

667-77 Notification to mortgagor by department.

667-78 Owner-occupant's election of dispute resolution; owner-occupant program fee; right to dispute resolution waived

667-79 Notification of opening a dispute resolution case; mortgagee's program fee.

667-80 Parties; requirements; process.

667-81 Outcome of dispute resolution; neutral's closing report.

667-82 Noncompliance with requirements; statement.

667-83 Stay of nonjudicial foreclosure proceedings.

667-84 Confidentiality.

667-85 Neutral qualifications; status and liability.

667-86 Mortgage foreclosure dispute resolution special fund.

667-91 Alternate power of sale process.

667-92 Notice of default and intention to foreclose; contents; distribution; alternative remedies for failure to serve.

667-93 Recordation of notice of default and intention to foreclose.

667-94 Cure of default.

667-95 Date of public sale of unit; place of sale.

667-96 Public notice of public sale; contents; distribution; publication.

667-97 Postponement, cancellation of sale.

667-98 Authorized bidder; successful bidder.

667-99 Successful bidder's failure to comply; forfeiture of downpayment.

667-100 Conveyance of property on payment of purchase price; distribution of sale proceeds.

667-101 Affidavit after public sale; contents.

667-102 Recordation of affidavit, conveyance document; effect.

667-103 Recordation; full satisfaction of debt by unit owner.

667-104 Prohibited conduct.