Act 48

Where Does Hawaii’s Act 48 Go This Year (2012)?

In 2011, the Hawaii Legislature passed Act 48, a lengthy bill intended to reform the foreclosure process in Hawaii. From the day the law passed, non-judicial foreclosure, the preferred methods for mainland banks to rapidly foreclosure on distressed homeowners, was killed. There have been no non-judicial foreclosures since May 5th when the law passed. When [...]

Hawaii’s Act 48 – New Law Flounders

“New Law Flounders!” That was the headline in last week’s Honolulu Star Advertiser. Here’s the back story: When Senate Bill 651 was signed into Act 48 on May 5, 2011, Hawai‘i legislators thought they were taking a powerful and effective step in helping homeowners to deal with their banks. The 101 page bill was intended to force lenders to make better efforts at negotiating loan modifications with [...]

The Mortgage Foreclosure Dispute Resolution – Foreclosure Mediation in Hawaii

Let the Foreclosure Mediation begin…or will it? The Mortgage Foreclosure Dispute Resolution (MFDR) procedure, as defined in Hawaii’s Act 48, went into effect on October 1st. I monitor the conversation about Act 48 because it is so important to Hawaiian homeowners and to the many sellers and borrowers that I represent. All through the local news [...]

Update on Hawaii’s New Foreclosure Law, Act 48 – Judicial Foreclosures in Hawaii? Non-judicial is DEAD (For Now)

Well, it’s been around two months since Governor Abercrombie signed Senate Bill 651 into our states new foreclosure law, Act 48. The intention was clear – Protect Hawaii owner-occupants from the runaround, delay, and seemingly abusive tactics of the mainland lenders. Lenders like Bank of America, GMAC, Chase, Aurora Loan Servicing, and dozens of others [...]