HRS §667-83
Stopping a foreclosure while you try to work it out
When a case opens, the written notice can pause the foreclosure, but not for condo or homeowner associations, and it does not change the deadline to fix the default. The mortgage lender cannot foreclose until a neutral's report is filed, unless a noncompliance statement was issued or a court says otherwise.
borrowerscondominium associationsmortgage lenders
The statute, as written — Stay of nonjudicial foreclosure proceedings
(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.
Sections this one refers to
§667-22 What the foreclosure warning notice must say and who gets it
§667-79 Notice and fees for starting a foreclosure dispute case
§667-81 What happens after dispute resolution ends
§667-82 What happens when someone does not follow foreclosure mediation rules
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.