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HI HB1135
Bill
Status
1/26/2011
Primary Sponsor
Blake Oshiro
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AI Summary
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Requires foreclosing mortgagees to provide written notice to owner-occupant mortgagors of the availability of HUD-approved credit counseling no later than 30 days prior to initiating a power of sale foreclosure.
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Notice must include information about credit counseling agencies approved by the United States Department of Housing and Urban Development and the HUD toll-free telephone number for counseling service information.
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Allows mortgagors who are consumers and owner-occupants to request copies of the promissory note and mortgage document within 15 days of receiving notice, which delays foreclosure proceedings until the mortgagee sends the documents by certified mail with return receipt requested.
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Updates existing foreclosure procedures by requiring attorneys representing mortgagees to be licensed to practice law in Hawaii and physically located in the state.
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Clarifies disclosure requirements for mortgagees to provide information about cure amounts, estimated fees and costs, and sale prices upon request from entitled parties.
Legislative Description
Mortgages; Foreclosure; Credit Counseling
Last Action
(H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC/JUD with none voting no (0) and Cabanilla, Hashem excused (2).
2/11/2011