Hawaii Revised Statutes
667. Foreclosures
667-96 Public notice of public sale; contents; distribution; publication.

§667-96 Public notice of public sale; contents; distribution; publication. (a) The association shall prepare the public notice of the public sale. The public notice shall state:
(1) The date, time, and place of the public sale;
(2) The unpaid balance of the moneys owed to the association;
(3) A description of the unit, including the address and the tax map key number of the unit;
(4) The name of the unit owner;
(5) The name of the association;
(6) The name of any prior or junior creditors having a recorded lien on the unit before the recordation of the notice of default and intention to foreclose under section 667-93;
(7) The name, the address in the State, and the telephone number in the State of the person in the State conducting the public sale; and
(8) The terms and conditions of the public sale.
(b) The public notice shall also contain wording substantially similar to the following in all capital letters:
"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 PLUS THE ASSOCIATION'S ATTORNEY'S FEES AND COSTS, AND ALL OTHER FEES AND COSTS INCURRED BY THE FORECLOSING 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."
(c) If the default is not cured as required by the notice of default and intention to foreclose, the association shall have a copy of the public notice of the public sale of the unit:
(1) Mailed or delivered to the unit owners at their respective last known addresses;
(2) Mailed or delivered to any prior or junior creditors having a recorded lien on the unit before the recordation of the notice of default and intention to foreclose under section 667-93;
(3) Mailed or delivered to the state director of taxation;
(4) Mailed or delivered to the director of finance of the county where the unit is located;
(5) Posted on the unit or on such other real property of which the unit is a part; and
(6) Mailed or delivered to any other person entitled to receive notice under section 667-5.5 or 667-21.5.
(d) The association shall have the public notice of the public sale:
(1) Printed in not less than seven-point font and published in the classified section of a newspaper that is published at least weekly and having a general circulation in the county in which the unit is located. The public notice shall be published once each week for three consecutive weeks, constituting three publications. The public sale shall take place no sooner than fourteen days after the date of the publication of the third public notice advertisement; or
(2) Not less than twenty-eight days before the date of the public sale, published on a state website at the discretion of the agency that maintains the website; provided that the public notice shall be published at least once in the format described in paragraph (1) at least fourteen days prior to the public sale. [L 2012, c 182, pt of §3(2), § §62, 69(5)]

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.