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.