“This bill is needed to stop mortgagees who want to rush into foreclosing on homes in Hawaii before appropriate legislation is enacted to deal with the mortgage foreclosure problem,” said Rep. Bob Herkes, chairman of the Committee on Consumer Protection & Commerce. “We don’t want to shut down the mortgage market, but I think we need a timeout.”

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Hawaii House approves moratorium on foreclosures

HONOLULU — The Hawaii House of Representative has passed a measure that would prohibit non-judicial home foreclosures for five months.

The House voted 50-1 Thursday to approve the bill, sending it to the Senate for additional consideration.

Democratic Rep. Bob Herkes said the legislation would provide a “time-out” that prevents predatory lenders from foreclosing on homeowners unjustly.

Foreclosures that are reviewed by the courts could proceed during the moratorium.

Republican Rep. Gil Riviere opposed the bill because he said it would hurt a mortgage lending industry that’s already having a hard time clearing home loans.

The bill is intended to allow homeowners to stay in their homes and work with their mortgage companies through mediation, loan modifications, negotiations or a forgiveness process.

Measure Title: RELATING TO MORTGAGE FORECLOSURES.
Report Title: Nonjudicial; Mortgage Foreclosures; Five-month moratorium
Description: Places a five month moratorium on nonjudicial foreclosures. (HB894 HD1)
Companion:
Package: None
Current Referral: CPC/JUD
Introducer(s): CARROLL, HANOHANO, Evans, Morikawa, Wooley

DateStatus Text
1/24/2011HPending introduction.
1/26/2011HIntroduced and Pass First Reading.
1/26/2011HReferred to CPC, JUD, referral sheet 2
1/28/2011HRe-referred to CPC/JUD, referral sheet 3
1/28/2011HBill scheduled to be heard by CPC/JUD on Wednesday, 02-02-11 2:00PM in House conference room 325.
2/2/2011HThe committees on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 11 Ayes: Representative(s) Herkes, Yamane, Brower, Carroll, Keith-Agaran, McKelvey, B. Oshiro, Tsuji, Marumoto, Thielen; Ayes with reservations: Representative(s) Ching; Noes: none; and 5 Excused: Representative(s) Cabanilla, Ito, Luke, Morita, Souki.
2/2/2011HThe committees on JUD recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 11 Ayes: Representative(s) Keith-Agaran, Rhoads, Brower, Carroll, Herkes, McKelvey, B. Oshiro, Tsuji, Marumoto, Thielen; Ayes with reservations: Representative(s) Fontaine; Noes: none; and 5 Excused: Representative(s) Cabanilla, Ito, Luke, Morita, Souki.
2/8/2011HReported from CPC/JUD (Stand. Com. Rep. No. 127) as amended in HD 1, recommending passage on Second Reading and placement on the calendar for Third Reading.
2/8/2011HPassed Second Reading as amended in HD 1; placed on the calendar for Third Reading with none voting no (0) and none excused (0).
2/10/2011HPassed Third Reading with Representative(s) Ching, Fontaine, Johanson, Marumoto, Pine, Ward voting aye with reservations; Representative(s) Riviere voting no (1) and Representative(s) McKelvey excused (1). Transmitted to Senate.

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4closureFraud.org

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HB894 Nonjudicial; Mortgage Foreclosures; Five-Month Moratorium

Testimony on House Bill No. 894, Relating to Mortgage Foreclosures