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HI HB1957

Bill

Status

Introduced

1/22/2018

Primary Sponsor

Cindy Evans

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • 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.

  • 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.

  • Specifies that merely holding possession of a mortgage note does not constitute proof of ownership of the mortgage note.

  • 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)).

  • 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

Committee Referrals

Finance2/16/2018
Consumer Protection & Commerce1/22/2018

Full Bill Text

No bill text available