§667-83 Stay of nonjudicial foreclosure proceedings.

191 words·~1 min read·/hi/chapter-667/667-83

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The written notification of a case opening under section 667-79 shall operate as a stay of the foreclosure proceeding and may be recorded; provided that:

(1)The written notification shall not act as a stay on a foreclosure proceeding by an association; and

(2)The written notification shall not act as a stay on a foreclosure proceeding for the purpose of the date by which the default must be cured pursuant to section 667-22(a)(6).

(b)Upon a stay pursuant to subsection (a), a mortgagee shall not foreclose upon a mortgage:

(1)Until the neutral's report confirming either that the parties have been unable to reach an agreement under section 667-81(b) or the parties have reached an agreement that authorizes foreclosure under section 667-81(c) or

(d)is filed with the department;

(2)If a statement of noncompliance has been issued against the mortgagee pursuant to section 667-82; or

(3)Unless otherwise provided by law or court order. [L 2011, c 48 , pt of §1 , §45(2) ; am L 2012, c 182, §§4 7 , 49 ; am L 2013, c 197, §4 ]