§667-99 Successful bidder's failure to comply; forfeiture of downpayment. If the successful bidder later fails to comply with the terms and conditions of the public sale or fails to complete the purchase within forty-five days after the public sale is held, the downpayment shall be forfeited by that bidder. The forfeited downpayment shall be credited by the association first towards the association's attorney's fees and costs, then towards the fees and costs of the power of sale foreclosure, and any balance towards the moneys owed to the association. The association, in its discretion, may then accept the bid of the next highest bidder who meets the requirements of the terms and conditions of the public sale or may begin the public sale process again. [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.