(a) Any foreclosing mortgagee who engages in any of the following violations of this chapter shall have committed an unfair or deceptive act or practice under section 480-2:

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Terms Used In Hawaii Revised Statutes 667-60

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Borrower: means the borrower, maker, cosigner, or guarantor under a mortgage agreement. See Hawaii Revised Statutes 667-1
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 667-1
  • Dispute resolution: means a facilitated negotiation under part V between a mortgagor and mortgagee for the purpose of reaching an agreement for mortgage loan modification or other agreement in an attempt to avoid foreclosure or to mitigate damages if foreclosure is unavoidable. See Hawaii Revised Statutes 667-1
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreclosure notice: means notice of default and intention to foreclose prepared pursuant to section 667-22. See Hawaii Revised Statutes 667-1
  • Mortgage: means a mortgage, security agreement, or other document under which property is mortgaged, encumbered, pledged, or otherwise rendered subject to a lien for the purpose of securing the payment of money or the performance of an obligation. See Hawaii Revised Statutes 667-1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgaged property: means the property that is subject to the lien of the mortgage. See Hawaii Revised Statutes 667-1
  • Mortgagee: means the current holder of record of the mortgagee's or the lender's interest under the mortgage or the current mortgagee's or lender's duly authorized agent. See Hawaii Revised Statutes 667-1
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: means the mortgagor or borrower named in the mortgage and, unless the context otherwise indicates, includes the current owner of record of the mortgaged property whose interest is subject to the mortgage. See Hawaii Revised Statutes 667-1
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Neutral: means a person who is a dispute resolution specialist assigned to facilitate the dispute resolution process required by part V. See Hawaii Revised Statutes 667-1
  • Nonjudicial foreclosure: means foreclosure under power of sale. See Hawaii Revised Statutes 667-1
  • Owner-occupant: means a person, at the time that a notice of default and intention to foreclose is served on the mortgagor under the power of sale:

    (1) Who owns an interest in the residential property, and the interest is encumbered by the mortgage being foreclosed; and

    (2) For whom the residential property is and has been the person's primary residence for a continuous period of not less than two hundred days immediately preceding the date on which the notice is served. See Hawaii Revised Statutes 667-1

  • Property: means property (real, personal, or mixed), an interest in property (including fee simple, leasehold, life estate, reversionary interest, and any other estate under applicable law), or other interests that can be subject to the lien of a mortgage. See Hawaii Revised Statutes 667-1
(1) Failing to provide a borrower or mortgagor with, or failing to serve as required, the information required by section 667-22 or property; required statement on conversion” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>667-55;
(2) Failing to publish, or to post, information on the mortgaged property, as required by section 667-27 or 667-28;
(3) Failing to take any action required by § 667-24 if the default is cured or an agreement is reached;
(4) Engaging in conduct prohibited under § 667-56;
(5) Holding a public sale in violation of section 667-25;
(6) Failing to include in a public notice of public sale the information required by section 667-27 or section 667-28;
(7) Failing to provide the information required by § 667-41;
(8) With regard to mortgage foreclosure dispute resolution under part V:

(A) Failing to provide notice of the availability of dispute resolution as required by § 667-75;
(B) Participating in dispute resolution without authorization to negotiate a loan modification, or without access to a person so authorized, as required by section 667-80(a) (1);
(C) Failing to provide required information or documents as required by section 667-80(c); or
(D) Completing a nonjudicial foreclosure if a neutral‘s closing report under section 667-82 indicates that the foreclosing mortgagee failed to comply with requirements of the mortgage foreclosure dispute resolution program;
(9) Completing a nonjudicial foreclosure while a stay is in effect under § 667-83;
(10) Failing to distribute sale proceeds as required by section 667-31;
(11) Making any false statement in the affidavit of public sale required by section 667-32;
(12) Attempting to collect a deficiency in violation of section owner-occupant prohibited” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>667-38; and
(13) Failing to file a foreclosure notice with the department as required by section 667-76(a).
(b) Notwithstanding subsection (a), the transfer of title to the purchaser of the property as a result of a foreclosure under this chapter shall only be subject to avoidance under § 480-12 for violations described in subsection (a) (1) to (9) if such violations are shown to be substantial and material; provided that a foreclosure sale shall not be subject to avoidance under § 480-12 for violation of section 667-56(5).
(c) Any action to void the transfer of title to the purchaser of property pursuant to a foreclosure by power of sale under part II of this chapter shall be filed in the circuit court of the circuit within which the foreclosed property is situated no later than sixty days following the recording of the affidavit required by section 667-32. If no such action is filed within the sixty-day period, then title to the property shall be deemed conclusively vested in the purchaser free and clear of any claim by the mortgagor or anyone claiming by, through, or under the mortgagor.

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