ALERT – HAWAII LEGISLATURE PASSES SB 651 RELATING TO MORTGAGE FORECLOSURES

ALERT – HAWAII LEGISLATURE PASSES SB 651!

Posted by VIRGINIA

Netra Halperin called and alerted us that SB 651 just PASSED!  We’re not sure of the effective date – may be as early as October 2011.  We need to lobby hard to get it in play as soon as possible.  It has some very good points and abolishes PART I (1874 version) altogether.

Please send a note to Senators Baker senbaker@Capitol.hawaii.gov and Herkes repherkes@Capitol.hawaii.gov and thank them. The more emails they receive – the stronger they will see our foreclosure family is.   Have a great weekend.  And Keep the Faith!

Please take a moment this weekend to say a prayer of thanks for those who went before us and led us to the point we have achieved today.  The hopes and dreams and fears of thousands who are struggling with the loss of their homes, marriages and family members because they had to take the lead and sometimes accept the loss when nobody would listen – so that others might be saved.

For this we say “Mahalo nui loa”.

Virginia

The 93 page bill is below.

I scanned through it and it appears to be very strong and allows to convert from non-judicial to a judicial.

From the bill…

An owner-occupant of a residential property that is being
foreclosed nonjudicially under this part may convert the action
to a judicial foreclosure under the following conditions:
A complaint conforming to section 667-S shall be filed
with the circuit court in the circuit where the
residential property is located, stating that the
owner-occupant of the property elects to convert the
nonjudicial foreclosure to a judicial foreclosure
proceeding;
(2) The complaint described in paragraph (1) shall be
filed with the circuit court no later than thirty days
after the notice of default and intention to foreclose
is served on the owner-occupant as required by section
667—22;
(3) within forty-five days of the filing of the complaint,
all owner-occupants of an interest in the residential
property whose interests are pledged or otherwise
encumbered by the mortgage that is being foreclosed
and all persons who have signed the promissory note or
other instrument evidencing the debt secured by the
mortgage that is being foreclosed, including without
limitation co-obligors and guarantors, shall file a
statement in the circuit court action that they agree
to submit themselves to the judicial process and the
jurisdiction of the circuit court. If this condition
is not satisfied, the circuit court action may be
dismissed with prejudice as to the right of any owner-
occupant to convert the action to a judicial
proceeding, and the mortgagee may proceed
nonjudicially;
(4) The filing of the complaint shall automatically stay
the nonjudicial foreclosure action unless and until
the judicial proceeding has been dismissed;
(5) The person filing the complaint shall have an
affirmative duty to promptly notify the Hawaii
attorney who is handling the nonjudicial foreclosure
. about the filing of the conversion;
(6) All parties joined in the converted judicial
proceeding may assert therein any claims and defenses
that they could have asserted had the action
originally been commenced as a judicial foreclosure
action; and
(7) Notwithstanding chapter 607, the fee for filing the
complaint shall be not more than $525; of which $250
shall be deposited into the mortgage foreclosure
dispute resolution fund.

Full text of bill below…

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4closureFraud.org

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Hawaii SB 651 – Relating to Mortgage Foreclosures

Comments
15 Responses to “ALERT – HAWAII LEGISLATURE PASSES SB 651 RELATING TO MORTGAGE FORECLOSURES”
  1. Danelle Hills says:

    My question is HOW, exactly, do we homeowners defeat these banks and court corruption to save our homes?

    • TheHutMaster says:

      As we all agree here, the best way is to STAND UP AND FIGHT!
      This must be a large effort by a large group of us.

      As far as getting a modification or a fair short sale, you MUST position yourself.
      We run several analytics on our client PRIOR to sending the package to the bankster.

      For example, if you are NPV positive, the bankster MUST offer the HAMP modification. Period.
      This takes roughly 60 days to complete the mod to the Trial Payment Phase (TPP).

      A properly prepared package is the ONLY way to offset the delay and offset the banksters lies.

      “Fight the Good Fight”

  2. 1oftehmany says:

    Until we ALL stand and fight united as ONE as Hawaii has we will never go anywhere. Why can’t we do this as they have??? I know our corrupt well paid politicians (supposedly reps) are part of the problem but there has got to be a way.
    Bravo!!! Hawaii politician and people!!!! Wish we had folks like you her in GA and other states, but we do not, we have crap or it would have changed..all we ever get is well paid psychobabble marketing. So discouraging but I am so happy for Hawaii!! It does make a huge statement to some.

  3. l vent says:

    Hawaii if putting up a fight. The SHEISTERS HATE THAT. They want a nation of cowards and proles who don’t fight back. Keep fighting the good fight.

  4. Hydesdocs says:

    The new game is hide and seek. Offering a lower interest rate in refinancing to cover up the collateral damage that millions of borrowers aren’t aware of yet. They assume a refinance will cover up the fraud. Ask yourself this…how can a refinance be legal and above board if the original note is lost or destroyed/ This means the refinance has to be a fraud also, otherwise why would any bank take on a property that has part of the original mortgage missing or destroyed? Refinancing does not a clear title make.

    • That is what we have been saying all along….all the fake programs the government pretended to ‘ fix ‘ all wounds…like to re-finance…lower interest…lower balance….that was all BS…..If the bank could not produce the Note…NOT A COPY EITHER….could not prove they owned it…nothing was of any value…that was fraud again….Only the actual owner with the Note can give the OK to lower the balance …lower the interest….if a mortgage was re-financed without proof of Note…the contract had to be re-done…another Note/Mortgage signed….homeowner would be signing off all fraud against bank from the original loan…..to a bank that never proved they owned the loan/Note. Later along comes the actual owner with the Note….and wants his money. Now you have signed 2 notes saying you owe that amount of money. No matter how you spit it out….it’s fraud upon fraud upon fraud. That is why banks stalled on the re-finance, saying they never got the faxed papers…and after many many months later denied the re-finance to the homeowners….the banks wanted to foreclose cause the courts were passing thru all frauds with no problems…and the bank got the house….So fraud reekes with rampant speed. You ask how can this be legal…..oh pleeeeze…..Nothing was legal from the origination to the foreclosure courts….REMEMBER….the banksters follow no rules or laws…PERIOD…they go by their own set of rules and laws….kinda like make it up as they go along with their planned crimes.

  5. l vent says:

    Non-judicial foreclosures are UNCONSTITUTIONAL. All of the fraudclosures must be stopped though. Even in judicial states the banksters have gotten away with a lot of fraud and alot of theft of homes they do no own. PEOPLE CANNOT DEFEND THEMSELVES AGAINST THE CRIMINALS WHO ROBBED US BECAUSE OF ALL OF THE RAMPANT CORRUPTION. We need an INDEFINITE NATIONWIDE FORECLOSURE MORATORIUM. THE THEFT OF THE PEOPLES HOMES MUST STOP. THE MORTGAGE FRAUD WAS RAMPANT AND THAT IS A PROVEN AND WELL DOCUMENTED FACT THEN THE FORECLOSURE FRAUD IS JUST A RAMPANT. THEY GO HAND IN HAND. IT TAKES MORE FRAUD UPON MORE FRAUD TO COVER UP FOR ALL OF THE OTHER FRAUD. IF THERE IS FRAUD IN THE LEGAL CONTRACT, THAT VOIDS THE CONTRACT. RESCIND THE FRAUDULENT MORTGAGE CONTRACTS. THE PONZI SCHEMERS MADE 100 TRILLION DOLLARS ON THE MORTGAGE FRAUD. CNBC REPORTED WALL STREET MADE 60 TRILLION IN 1999 ALONE ON MORTGAGE DERIVATIVE FRAUD. . THE ONLY FAIR DEAL I CAN SEE IS FOR THE PRETENDER LENDERS TO RESCIND THE FRAUDULENT MORTGAGE CONTRACTS. IF THE HOMEOWNER CAN AFFORD TO PAY THE TAXES, UTILITY BILLS AND MAINTENANCE OF THE HOME THEN THE BANKS SHOULD RESCIND THE CONTRACT AND WALK AWAY THEN MAYBE THE HOMEOWNERS WON’T BE FORCED TO SUE THEM FOR ALL OF THE INTENTIONAL AND PERINICIOUS FINANCIALFRAUD, DEVASTATION AND PAIN AND SUFFERING THEY CAUSED ALL OF US.

  6. debi J says:

    Bravo to Hawaii – now officially one of the first States on this planet who care about their people! This is wonderful and should be followed. With the way things are going it would be a stretch to imagine this being adopted — normally I am not a pessimist, but we all know the banks rule and throw big bucks at people WHO CAVE for mere pennies compared to what they stole. The arizona congressman is the greedy prostitute. Why is he making decisions for anyone when he is in foreclosure too? Oh dear lord, of course he will accept bribes or whatever else he could get. I think An 88k mortgage would be about right for everyone in the US across the board right!? Then @ 2%, I think everyone could manage this. How about that? Other wise he must resign his white skinny greedy ass. How can he serve the people with his very own personal agenda? Is this truly happening? Could someone get his cell phone records and taped bank conversations and evening calls as well? I’m sure his iphone will be helpful. There’s a start and he has to lose his seat like yesterday. What a greedy simple thinking self serving fuk. Greed kills and pigs get slaughtered. What has happened to our county? Its rotten to its core. The devil has full reign. Only God knows how to stop him. Debi

  7. Lit Gant says:

    Wow, they really have good pineapple there also. Maybe it was the juice? Maybe it was just plain out simple people know what is right and honorable. And maybe it is people who realize that what is happening now will destroy this nation in less than a hundred years if the Banks are not controlled and their greed and criminal behavior is not checked. Our national legislators are playing games with our nation by getting in bed with the bankers. They are destroying this nation. Maybe Hawaii needs to keep in mind to leave the union if this mess continues. They voted to join and they can vote to disjoin. What has happened there shows me, in states where people run the government and not big business and banks, good protections can be put in place to save the state. Great work Hawaii. GREAT!

  8. yvonne says:

    all nonjudicial states should convert unconditionally…I don’t understand what makes them so different than the judicial states?

  9. enough already says:

    ok great this should have been a country wide bill. what about a bill if fraud is committed they go to jail and we get the house that would keep the banks on their toes. no one is dealing with why there are so many foreclosures its fustrating me

    • yvonne says:

      The fraudsters are busy finding other ways to correct their errors while getting away with what they can in the meanwhile…amazing…such a mockery of our laws and constitutional rights…

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