{"data":{"id":"us-hi/haw.-rev.-stat.-667-57","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 667-57","heading":"Suspension of foreclosure actions by junior lienholders.","body":"(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:\n\n(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\n\n(2) The mortgagee subsequently forecloses its lien on the same property ,\n\nt 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 .\n\n(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:\n\n(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\n\n(2) The mortgagee subsequently forecloses its lien on the same property ,\n\nthose 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.","path":["HI Code","Division 4","Title 36","Chapter 667"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0667/HRS_0667-0057.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"10a7f0d868ba4ab93f7aa47bca9c3fc26e9b7b5b0ede36ae9fa2769dcaad03bc","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-667-56","next":"us-hi/haw.-rev.-stat.-667-58"},"notice":"GroundRules: Original legal text. Not legal advice."}