§501-118  Foreclosure.  Mortgages of
registered land may be foreclosed like mortgages of unregistered land.



In case of foreclosure by action, a certified
copy of the final judgment of the court confirming the sale may be filed or
recorded with the assistant registrar or the deputy after the time for
appealing therefrom has expired and the purchaser shall thereupon be entitled
to the entry of a new certificate.



In case of foreclosure by exercising the power
of sale without a previous judgment, the affidavit required by chapter 667
shall be recorded with the assistant registrar.  The purchaser or the
purchaser's assigns at the foreclosure sale may thereupon at any time present
the deed under the power of sale to the assistant registrar for recording and obtain
a new certificate.  Nothing in this chapter shall be construed to prevent the
mortgagor or other person in interest from directly impeaching by action or
otherwise, any foreclosure proceedings affecting registered land, prior to the
entry of a new certificate of title.



After a new certificate of title has been
entered, no judgment recovered on the mortgage note for any balance due thereon
shall operate to open the foreclosure or affect the title to registered land.
[L 1903, c 56, §63; am L 1913, c 21, §1; RL 1925, §3252; RL 1935, §5062; RL
1945, §12662; am L 1951, c 142, §3; RL 1955, §342-62; HRS §501-118; am L 1972,
c 91, §1(v); gen ch 1985; am L 1986, c 246, §10; am L 1988, c 346, §12; am L
1998, c 122, §3] 



 



Rules of Court



 



  Certificates of title, see Rules of the Land Court, part II.



 



Case Notes



 



  A mortgagor's right to "impeach any foreclosure
proceeding" is expressly limited to the period before entry of a new
certificate of title.  107 H. 95, 110 P.3d 1042.