§667-1 - Foreclosure by action. - Hawaii Statutes

PART I.  FORECLOSURE BY ACTION OR FORECLOSURE BY

POWER OF SALE

 

Note

 

  Sections 667-1 to 667-13 designated as Part I by L 1998, c 122, §2.

 

Law Journals and Reviews

 

  Mortgagor Protection Laws:  A Proposal for Mortgage Foreclosure Reform in Hawai‘i.  24 UH L. Rev. 245.

 

     §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. [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)]

 

Case Notes

 

  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 H. 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.

  See 33 H. 1; 34 H. 283.

  Cited:  40 H. 269, 274.