Bill Text: HI HB1659 | 2012 | Regular Session | Introduced

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Bill Title: Foreclosures; Writ of Ejectment

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB1659 Detail]

Download: Hawaii-2012-HB1659-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1659
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to foreclosures.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 667, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§667-     Writ of ejectment; preservation of household contents.  A mortgagee or movant must:

     (1)  Provide safe storage of the mortgagor’s or tenant’s household contents and belongings for a period of not less than ninety days after ejectment by the sheriff;

     (2)  Obtain a written and notarized release of the tenant's household contents and belongings from the mortgagor or tenant;

     (3)  Disclose the location of the stored household contents and belongings to the mortgagor or tenant; and

     (4)  Provide an inventory list of the stored household contents and belongings.

     §667-     Penalties.  It will be unlawful to access, remove, destroy, sell, steal, or relocate the household contents and belongings of a tenant without notification to the mortgagor or tenant prior to and during the ninety day period.  Mortgagee or movant may provide storage in an alternative location to the residence provided an inventory of storage items and costs of storage are made available to the mortgagor or tenant. 

The inventory and costs shall be filed with the bureau of conveyances or with the court ordering the writ of ejectment.  There will be a penalty of $5,000 for each offense."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Foreclosures; Writ of Ejectment

 

Description:

Mandates a writ of ejectment in order to preserve the household contents and belongings of tenants whose homes have been foreclosed.

 

 

 

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