CHAPTER 667

FORECLOSURES

 

Part I. General Provisions

Section

667-1 Definitions

 

Part IA. Foreclosure by Action

667-1.5 Foreclosure by action

667-2 Other mortgagees joined

667-3 Proceeds, how applied

667-4 Defenses

667-5 Repealed

667-5.5 Foreclosure notice; planned communities;

condominiums; cooperative housing projects

667-5.7 to 8 Repealed

667-9 Dower barred, when

667-10 Power unaffected by transfer; surplus after sale

667-11 to 15 Repealed

667-17 Attorney affirmation in judicial foreclosure

667-18 Repealed

667-19 Association foreclosures; cure of default; payment plan

667-20 Publication of notice of public sale

667-20.1 Postponement, cancellation of sale

 

Part II. Power of Sale Foreclosure Process

667-21 Power of sale process

667-21.5 Foreclosure notice; planned communities;

condominiums; cooperative housing projects

667-21.6 Repealed

667-22 Notice of default and intention to foreclose;

contents; distribution

667-23 Recordation of notice of default and intention

to foreclose

667-24 Cure of default

667-25 Date, place of public sale of mortgaged property

667-26 Repealed

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

667-34, 35 Repealed

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

667-42 Repealed

 

Part III. Other Provisions

667-50 Repealed

667-51 Appeals

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

667-55 Notice of default and intention to foreclose;

residential property; required statement on

conversion

667-56 Prohibited conduct

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

 

Part IV. Time Share Interest Foreclosures

667-61 Repealed

667-62 Time share interest foreclosure under power of

sale; notice; affidavit after sale

667-63 Notice to mortgage creditors

667-64 Affidavit as evidence

667-65 Application of time share interest power of sale

requirements

 

Part V. Mortgage Foreclosure Dispute Resolution

667-71 Applicability

667-72 Repealed

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

667-76 Mortgagee's filing of notice with department;

filing fee; electronic public notice of public sale

667-77 Notification to mortgagor by department

667-78 Owner-occupant's election of dispute resolution;

owner-occupant program fee; right to dispute

resolution waived

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

667-84 Confidentiality

667-85 Neutral qualifications; status and liability

667-86 Mortgage foreclosure dispute resolution special fund

 

Part VI. Association Alternate Power of Sale

Foreclosure Process

667-91 Alternate power of sale process

667-92 Notice of default and intention to foreclose;

contents; distribution; alternative remedies for

failure to serve

667-93 Recordation of notice of default and intention to

foreclose

667-94 Cure of default

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

667-104 Prohibited conduct

 

Note

 

As to procedural statutes superseded by the rules of court, see note preceding Title 32.

Chapter heading amended by L 2012, c 182, 3(4).

 

Cross References

 

Mortgage rescue fraud prevention act, see chapter 480E.

Secure and fair enforcement for mortgage licensing act, see chapter 454F.

 

Rules of Court

 

See Rules for Conversion of Non-Judicial Foreclosure Proceedings.

 

Law Journals and Reviews

 

Timesharing in the 1990s. I HBJ, no. 13, at 89 (1997).

 

Case Notes

 

Defendant's motion for summary judgment granted on count alleging violation of this chapter, where plaintiffs did not establish a genuine issue of material fact regarding the claim and further failed to state a claim for wrongful foreclosure. 907 F. Supp. 2d 1165 (2012).

 

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