Terms Used In Hawaii Revised Statutes 454F-44

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC

The commissioner shall have standing to intervene in and defend any action to recover from the mortgage loan recovery fund, including by entering an appearance, filing an answer, appearing at court hearings, and taking any recourse through appropriate methods of review. The commissioner or the commissioner’s legal representative shall be served with all pleadings in any action pursuant to this section.