Hawaii Revised Statutes
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]

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.