§667-6 - Notice to mortgage creditors.
§667-6 Notice to mortgage creditors.
Whenever a mortgage creditor having a mortgage lien on certain premises desires
notice that another mortgage creditor having a mortgage lien on the same
premises intends to foreclose the mortgage and sell the mortgaged property
pursuant to a power of sale under section 667-5, the mortgage creditor may
submit a written request to the mortgagee foreclosing or who may foreclose the
mortgage by power of sale, to receive notice of the mortgagee's intention to
foreclose the mortgage under power of sale. This request for notice may be
submitted any time after the recordation or filing of the subject mortgage at
the bureau of conveyances or the land court, but must be submitted prior to the
completion of the publication of the mortgagee's notice of intention to
foreclose the mortgage and of the sale of the mortgaged property. This request
shall be signed by the mortgage creditor, or its authorized representative,
desiring to receive notice, specifying the name and address of the person to
whom the notice is to be mailed. The mortgagee receiving the request shall
thereafter give notice to all mortgage creditors who have timely submitted
their request. The notice shall be sent by mail or otherwise communicated to
the mortgage creditors, not less than seven calendar days prior to the date of
sale.
No request for copy of any notice pursuant to
this section nor any statement or allegation in any such request nor any record
thereof shall affect the title to real property or be deemed notice to any
person that any party requesting copy of the notice has or claims any right,
title, or interest in, or lien or charge upon the property described in the
mortgage referred to therein. [L 1967, c 83, §1; HRS §667-6; am L 1972, c 90,
§9(f); gen ch 1993]