Haw. Rev. Stat. § 667-1.5

Current through Act 7 of the 2024 Legislative Session

Section 667-1.5 - [Formerly§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.

HRS § 667-1.5

Redesignated from § 667-1 by L 2012, c 182, § II-3, eff. 6/29/2012.

CC 1859, §1231; RL 1925, §2887; RL 1935, §4720; RL 1945, §12420; RL 1955, §336-1; HRS §667-1; am L 1972, c 90, §9(a)

In the absence of direction from mortgagor, mortgagee may appropriate payment on mortgage to either principal or interest, or to another debt due to mortgagee. 5 H. 405. Guardian of heirs of mortgagor justified in assenting to application of proceeds of sale of land of deceased ancestor to payment of debt, secured or unsecured. 28 H. 81, 85. Burden of guarantor sued for deficiency after foreclosure to show foreclosure price paid by mortgagee inadequate.31 Haw. 34. Economic depression alone not enough to refuse remedy of foreclosure. 32 H. 835. Upset price. Id. Decree of foreclosure is a final judgment for purposes of appellate review. 55 H. 414, 520 P.2d 431; 57 H. 557, 560 P.2d 488. The judicial foreclosure system in Hawaii, pursuant to this section, is not clearly, manifestly and unmistakably violative of due process; considering the two basic elements of procedural due process--notice and the opportunity to be heard--appellants were afforded due process. 94 H. 422 (App.), 16 P.3d 827. See33 Haw. 1; 34 H. 283. Cited:40 Haw. 269, 274.