§667-57 Suspension of foreclosure actions by junior lienholders.
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§667-57 Suspension of foreclosure actions by junior lienholders.
(a)Upon initiation of a foreclosure action pursuant to part IA or part II by a foreclosing mortgagee, no junior lienholder, except for an association, shall be permitted to initiate or continue a nonjudicial foreclosure until the foreclosure initiated by the foreclosing mortgagee has been concluded by a judgment issued by a court pursuant to section 667-1.5, the recording of an affidavit after public sale pursuant to section 667-33, or the filing of an agreement under the mortgage foreclosure dispute resolution provisions of section 667-81 ; provided that if pursuant to part IA or part VI:
(1)An association forecloses on a unit occupied by one or more mortgagors for whom the unit is and has been the person ' s primary residence for a continuous period of not less than two hundred days immediately preceding the date on which the notice is served; and
(2)The mortgagee subsequently forecloses its lien on the same property ,
t hose mortgagors shall be deemed to be owner-occupants , as defined in section 667-1 , for the purpose of section 667-38 and shall retain their right to require the foreclosing mortgagee to participate in the procedures established under part V, notwithstanding the association ' s foreclosure .
(b)Upon initiation of a foreclosure action pursuant to part II by a foreclosing mortgagee, no junior lienholder, except for an association, shall be permitted to initiate or continue a nonjudicial foreclosure during the pendency of a stay pursuant to section 667-83; provided that a junior lienholder may initiate or continue with a nonjudicial foreclosure if the junior lien foreclosure was initiated before the foreclosure action by the foreclosing mortgagee and if pursuant to part IA or part VI:
(1)An association forecloses on a unit occupied by one or more mortgagors for whom the unit is and has been the person ' s primary residence for a continuous period of not less than two hundred days immediately preceding the date on which the notice is served; and
(2)The mortgagee subsequently forecloses its lien on the same property ,
those mortgagors shall be deemed to be owner-occupants, as defined in section 667-1, for the purpose of section 667-38 and shall retain their right to require the foreclosing mortgagee to participate in the procedures established under part V, notwithstanding the association's foreclosure. [L 2011, c 48, pt of §6 ; am L 2012, c 182, §31 ; am L 2013, c 197, §3 ]