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HI HB1417
Bill
Status
1/24/2013
Primary Sponsor
Angus McKelvey
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AI Summary
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Expands mandatory mortgage foreclosure dispute resolution to require mortgagees to participate in mediation at the mortgagor's election before filing judicial foreclosure actions on residential properties where the mortgagor has been the primary resident for at least 200 days.
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Applies dispute resolution requirements to judicial foreclosure actions filed prior to July 1, 2013 that have not yet had an initial court hearing, requiring mortgagees to comply with mediation procedures.
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Amends the definition of "owner-occupant" to include mortgagors at the time notice of dispute resolution availability is served for judicial foreclosures, expanding eligibility for the dispute resolution program.
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Adds filing a judicial foreclosure action without compliance with the dispute resolution requirements as an unfair or deceptive practice under Hawaii law, subject to penalties up to $1,500.
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Establishes a 30-day election period for owner-occupants to participate in dispute resolution following department notification, with failure to elect resulting in waiver of the right to participate.
Legislative Description
Mortgage Foreclosures; Judicial Foreclosure Actions for Residential Property; Mandatory Dispute Resolution
Last Action
Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Coffman, Har, Say excused (3).
2/13/2013