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HI SB651

Bill

Status

Passed

5/6/2011

Primary Sponsor

Maile Shimabukuro

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Origin

Senate

2011 Regular Session

AI Summary

  • Establishes a temporary mortgage foreclosure dispute resolution program allowing owner-occupants of residential properties to negotiate with mortgagees to avoid or mitigate foreclosure before nonjudicial sales occur.

  • Allows owner-occupants to convert nonjudicial foreclosures to judicial proceedings within 30 days of receiving notice, with court oversight of the foreclosure process.

  • Implements strict requirements for nonjudicial foreclosures including mandatory notice to mortgagors, restrictions on sale locations (state facilities only), prohibition on deficiency judgments for owner-occupants, and enhanced disclosure requirements.

  • Creates a mortgage foreclosure dispute resolution special fund through filing fees ($250 from mortgagees, $300 from mortgagors) and requires mortgage servicers to be licensed and maintain state offices.

  • Includes a one-year moratorium on new nonjudicial foreclosures under Part I (effective date to July 1, 2012) and makes the dispute resolution program temporary, sunsetting September 30, 2014.

Legislative Description

Mortgage Foreclosures; Appropriation

Last Action

(H) Act 048, on 5/5/2011 (Gov. Msg. No. 1150).

5/6/2011

Committee Referrals

Ways and Means2/10/2011
Commerce and Consumer Protection1/24/2011

Full Bill Text

No bill text available