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HI HB403

Bill

Status

Introduced

1/23/2017

Primary Sponsor

Angus McKelvey

Click for details

Origin

House of Representatives

2017 Regular Session

AI Summary

  • Amends Hawaii Revised Statutes Section 506-8 to require mortgagees to provide reassignment or release of security interests in leases and rents when the underlying debt is fully satisfied, in addition to releasing the mortgage itself.

  • Authorizes title insurers or underwritten title companies to execute reassignments or releases of security interests in leases and rents on behalf of mortgagees if the mortgagee fails to comply within 60 days of written request.

  • Allows mortgagors, title insurance companies, escrow companies, and other interested parties to file court action to obtain a reassignment or release instrument if the mortgagee does not respond within 45 days of the complaint being mailed.

  • Provides that title insurers or underwritten title companies acting with gross negligence or bad faith in releasing security interests are liable for treble damages and reasonable attorneys' fees and costs.

  • Takes effect on July 1, 2099.

Legislative Description

Relating To Security Interests In Real Property.

Security Interests

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 Representative(s) DeCoite, Holt, Souki excused (3).

2/16/2017

Committee Referrals

Finance2/16/2017
Intrastate Commerce1/23/2017

Full Bill Text

No bill text available