HOUSE OF REPRESENTATIVES

H.B. NO.

2622

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 667-76, Hawaii Revised Statutes, is amended to read as follows:

"[[]667-76[]] Mortgagee's filing of notice with department; filing fee. [(a)] Within three days after a mortgagee serves a foreclosure notice on an owner-occupant pursuant to section 667‑5 or 667-22, the mortgagee shall file the foreclosure notice with the department and pay a filing fee of $250, which shall be deposited into the mortgage foreclosure dispute resolution special fund established under section 667-86.

[(b) Violation of this section shall constitute an unfair and deceptive act or practice subject to section 480-2.]"

SECTION 2. Section 667-60, Hawaii Revised Statutes, is repealed.

["[667-60] Unfair or deceptive act or practice. Any foreclosing mortgagee who violates this chapter shall have committed an unfair or deceptive act or practice under section 480-2."]

SECTION 3. Statutory material to be repealed is bracketed and stricken.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Unfair or Deceptive Act or Practice; Mortgage Foreclosure; Repeal

 

Description:

Repeals the provision in the mortgage foreclosure law that makes a violation of the mortgage foreclosure law subject to the penalties provided under the State's unfair or deceptive act or practice laws.

 

 

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