(a) The written notification of a case opening under section dispute resolution case; mortgagee‘s program fee” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>667-79 shall operate as a stay of the foreclosure proceeding and may be recorded; provided that:

contract signature

Ask a real estate law question, get an answer ASAP!
Thousands of highly rated, verified real estate lawyers.
Specialties include: All Real Estate Law, Landlord and Tenant Law, Foreclosure, Homeowners' Association, Trespassing, Property Law, General Legal and more.
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 667-83

  • 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
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • 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
  • 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
(1) The written notification shall not act as a stay on a foreclosure proceeding by an association; and
(2) The written notification shall not act as a stay on a foreclosure proceeding for the purpose of the date by which the default must be cured pursuant to section 667-22(a) (6).
(b) Upon a stay pursuant to subsection (a), a mortgagee shall not foreclose upon a mortgage:

(1) Until the neutral‘s report confirming either that the parties have been unable to reach an agreement under section 667-81(b) or the parties have reached an agreement that authorizes foreclosure under section 667-81(c) or (d) is filed with the department;
(2) If a statement of noncompliance has been issued against the mortgagee pursuant to section 667-82; or
(3) Unless otherwise provided by law or court order.
  Previous
Next  
 Part V Contents