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HI SB2892

Bill

Status

Introduced

1/27/2010

Primary Sponsor

Colleen Hanabusa

Click for details

Origin

Senate

2010 Regular Session

AI Summary

  • Allows borrowers, mortgagors, and creditors with recorded liens to appeal non-judicial foreclosures in circuit court within 30 days of the notice of default affidavit recordation to contest the foreclosure procedures and statements.

  • If a circuit court determines that an appealed non-judicial foreclosure involves an unreasonable sales price, the foreclosure must be conducted as a court-supervised sale under Hawaii Revised Statutes section 667-1 instead.

  • Failure to file an appeal within 30 days makes the affidavit statements and statutory presumptions conclusive and binding on all parties.

  • Does not apply retroactively to rights, duties, penalties, or proceedings that existed or began before the Act's effective date.

Legislative Description

Non-Judicial Foreclosure; Appeals

Last Action

(S) The committee on CPN deferred the measure.

2/10/2010

Committee Referrals

Commerce and Consumer Protection1/28/2010

Full Bill Text

No bill text available