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HI HB1957
Bill
Status
1/22/2018
Primary Sponsor
Cindy Evans
Click for details
AI Summary
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Prohibits any person entitled to enforce a mortgage note as a negotiable instrument from foreclosing on property through foreclosure by action unless that person is the owner of the mortgage note.
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Requires proof that a person is the owner of the mortgage note by establishing the validity of every transfer in the chain of title from the original creditor and holding a duly registered or recorded assignment of the mortgage.
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Specifies that merely holding possession of a mortgage note does not constitute proof of ownership of the mortgage note.
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Gives this section precedence over conflicting provisions in Hawaii's Uniform Commercial Code (sections 490:3-301, 490:9-203(g), and 490:9-308(e)).
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Takes effect on July 1, 2050, and does not affect rights, duties, penalties, or proceedings that began before the effective date.
Legislative Description
Relating To Mortgage Foreclosures.
Foreclosure by Action
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, Ing, Nakamura, Onishi, Woodson excused (5).
2/16/2018