§667-97 Postponement, cancellation of sale. (a) The public sale may be either postponed or canceled by the association. Notice of the postponement or the cancellation of the public sale shall be:
(1) Announced by the association at the date, time, and place of the last scheduled public sale; and
(2) Provided to any other person who is entitled to receive the notice of default under section 667-92.
(b) If there is a postponement of the public sale of the unit, a new public notice of the public sale shall be published once in the format described in section 667-96. The new public notice shall state that it is a notice of a postponed sale. The public sale shall take place no sooner than fourteen days after the date of the publication of the new public notice. Not less than fourteen days before the date of the public sale, a copy of the new public notice shall be posted on the unit or on another real property of which the unit is a part, and it shall be mailed or delivered to the unit owner and to any other person entitled to receive notice under section 667-92(e).
(c) Upon the fourth postponement of every series of four consecutive postponements, the association shall follow all of the public notice of public sale requirements of section 667-96, including the requirements of mailing and posting under section 667-96(c) and of publication under section 667-96(d).
(d) 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 if the payments under the association documents had not been accelerated, plus the association's attorney's fees and costs, and all other fees and costs incurred by the 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. [L 2012, c 182, pt of §3(2)]
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.