Bill Text: HI HB2378 | 2012 | Regular Session | Introduced
Bill Title: Mortgage Foreclosure Judicial Actions; Evictions and Ejectments
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2012-01-25 - (H) Referred to CPC/JUD, FIN, referral sheet 7 [HB2378 Detail]
Download: Hawaii-2012-HB2378-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2378 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to foreclosures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 667-1, Hawaii Revised Statutes, is amended to read as follows:
"§667-1 Foreclosure by action.
The circuit court may assess the amount due upon a mortgage, whether of real or
personal property, without the intervention of a jury, and shall render
judgment for the amount awarded, and the foreclosure of the mortgage.
Execution may be issued on the judgment, as ordered by the court[.];
provided that:
(1) The mortgagor; or
(2) Any person claiming by, through, or under the mortgagor;
if using the mortgaged property as a primary residence, shall not be subject to eviction or ejectment on the basis of a judgment under this section until the action has been finally adjudicated, including the resolution of all appeals therefrom."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Mortgage Foreclosure Judicial Actions; Evictions and Ejectments
Description:
For mortgage foreclosures by judicial action, specifically prohibits evictions or ejectments of persons in possession of mortgaged property used as a primary residence until the foreclosure action has been finally adjudicated.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
