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HI HB2356
Bill
Status
1/23/2014
Primary Sponsor
Faye Hanohano
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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 owner-occupied residential property.
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Applies dispute resolution requirements to judicial foreclosure actions filed before this Act's effective date that have not yet had an initial court hearing, with mortgagees required to comply within a specified timeframe.
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Requires mortgagees to serve notice of dispute resolution availability to owner-occupants before filing judicial foreclosure actions, with owner-occupants having 30 days to elect participation.
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Establishes that violations of dispute resolution requirements for judicial foreclosures constitute unfair or deceptive acts under Hawaii's consumer protection law, with penalties up to $1,500.
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Defines "owner-occupant" to include Hawaiian home lands trust homestead beneficiaries and requires property to have been mortgagor's primary residence for at least 200 days before foreclosure proceedings begin.
Legislative Description
Mortgage Foreclosures; Judicial Foreclosure Actions for Residential Property; Mandatory Dispute Resolution; Mediation
Last Action
The committee(s) on CPC/JUD recommend(s) that the measure be deferred.
2/10/2014