§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]
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.