§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.
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
667-1.5 Foreclosure by action.
667-2 Other mortgagees joined.
667-5.5 Foreclosure notice; planned communities; condominiums; cooperative housing projects.
667-10 Power unaffected by transfer; surplus after sale.
667-17 Attorney affirmation in judicial foreclosure.
667-19 Association foreclosures; cure of default; payment plan.
667-20 Publication of notice of public sale.
667-20.1 Postponement, cancellation of sale.
667-21.5 Foreclosure notice; planned communities; condominiums; cooperative housing projects.
667-22 Notice of default and intention to foreclose; contents; distribution.
667-23 Recordation of notice of default and intention to foreclose.
667-25 Date, place of public sale of mortgaged property.
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.
667-36 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.
667-52 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.
667-57 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.
667-62 Time share interest foreclosure under power of sale; notice; affidavit after sale.
667-63 Notice to mortgage creditors
667-65 Application of time share interest power of sale requirements.
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.
667-77 Notification to mortgagor by department.
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.
667-85 Neutral qualifications; status and liability.
667-86 Mortgage foreclosure dispute resolution special fund.
667-91 Alternate power of sale process.
667-93 Recordation of notice of default and intention to foreclose.
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.