HOUSE OF REPRESENTATIVES

H.B. NO.

2378

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to foreclosures.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Section 667-1, Hawaii Revised Statutes, is amended to read as follows:

"667-1 Foreclosure by action. The circuit court may assess the amount due upon a mortgage, whether of real or personal property, without the intervention of a jury, and shall render judgment for the amount awarded, and the foreclosure of the mortgage. Execution may be issued on the judgment, as ordered by the court[.]; provided that:

(1) The mortgagor; or

(2) Any person claiming by, through, or under the mortgagor;

if using the mortgaged property as a primary residence, shall not be subject to eviction or ejectment on the basis of a judgment under this section until the action has been finally adjudicated, including the resolution of all appeals therefrom."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Mortgage Foreclosure Judicial Actions; Evictions and Ejectments

 

Description:

For mortgage foreclosures by judicial action, specifically prohibits evictions or ejectments of persons in possession of mortgaged property used as a primary residence until the foreclosure action has been finally adjudicated.

 

 

 

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