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HI HB1630

Bill

Status

Introduced

1/21/2016

Primary Sponsor

Angus McKelvey

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • Amends section 506-8, Hawaii Revised Statutes, to require mortgagees to provide reassignment or release of security interests in leases and rents when the underlying debt is fully satisfied, matching existing requirements for mortgage releases.

  • Extends title insurer authority to execute reassignments or releases of security interests in leases and rents if the mortgagee fails to provide them within 60 days of written request, subject to the same conditions and liability provisions as mortgage releases.

  • Allows mortgagors, title insurance companies, escrow companies, and other interested parties to file court actions to obtain reassignments or releases of security interests in leases and rents if the mortgagee does not respond within 45 days, with courts authorized to issue orders for release.

  • Provides that plaintiffs obtaining court-ordered reassignments or releases are entitled to treble damages and reasonable attorneys' fees unless the mortgagee had reasonable basis to believe a dispute existed regarding the security interest.

  • Takes effect on July 1, 2050.

Legislative Description

Mortgages and Security Interests; Reassignment of Interests in Leases and Rents

Last Action

Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and Representative(s) Har, Oshiro excused (2).

2/11/2016

Committee Referrals

Consumer Protection & Commerce2/11/2016
Water & Land1/25/2016

Full Bill Text

No bill text available