Chapter 667
Foreclosures
CHAPTER 667
FORECLOSURES
Part I. General Provisions
Section
667-1 Definitions
Part IA. Foreclosure by Action
667-1.5 Foreclosure by action
667-2 Other mortgagees joined
667-3 Proceeds, how applied
667-4 Defenses
667-5 Repealed
667-5.5 Foreclosure notice; planned communities;
condominiums; cooperative housing projects
667-5.7 to 8 Repealed
667-9 Dower barred, when
667-10 Power unaffected by transfer; surplus after sale
667-11 to 15 Repealed
667-17 Attorney affirmation in judicial foreclosure
667-18 Attorney affirmation in judicial foreclosure
667-19 Association foreclosures; cure of default; payment plan
667-20 Publication of notice of public sale
667-20.1 Postponement, cancellation of sale
Part II. Power of Sale Foreclosure Process
667-21 Power of sale process
667-21.5 Foreclosure notice; planned communities;
condominiums; cooperative housing projects
667-21.6 Repealed
667-22 Notice of default and intention to foreclose;
contents; distribution
667-23 Recordation of notice of default and intention
to foreclose
667-24 Cure of default
667-25 Date, place of public sale of mortgaged property
667-26 Repealed
667-27 Public notice of public sale; contents; distribution;
publication
667-28 Postponement, cancellation of sale
667-29 Authorized bidder; successful bidder
667-30 Successful bidder’s failure to comply; forfeiture of
downpayment
667-31 Conveyance of property on payment of purchase price;
distribution of sale proceeds
667-32 Affidavit after public sale; contents
667-33 Recordation of affidavit, conveyance document; effect
667-34, 35 Repealed
667-36 Sale of property separately
667-37 Judicial action of foreclosure before public sale
667-38 Deficiency judgment against owner-occupant prohibited
667-39 Right to enforce this part
667-40 Use of power of sale foreclosure in certain
non-mortgage situations
667-41 Public information notice requirement
667-42 Repealed
Part III. Other Provisions
667-50 Repealed
667-51 Appeals
667-52 Buyer’s choice of title insurer and escrow agent
667-53 Conversion to judicial foreclosure; residential
property; conditions
667-54 Petition for conversion; residential property;
Required contents
667-55 Notice of default and intention to foreclose;
residential property; required statement on
conversion
667-56 Prohibited conduct
667-57 Suspension of foreclosure actions by junior
lienholders
667-58 Valid notice; affiliate statement
667-59 Actions and communications with the mortgagor
in connection with a foreclosure
667-60 Unfair or deceptive act or practice; transfer of title
Part IV. Time Share Interest Foreclosures
667-61 Repealed
667-62 Time share interest foreclosure under power of
sale; notice; affidavit after sale
667-63 Notice to mortgage creditors
667-64 Affidavit as evidence
667-65 Application of time share interest power of sale
requirements
Part V. Mortgage Foreclosure Dispute Resolution
667-71 Applicability
667-72 Repealed
667-73 Mortgage foreclosure dispute resolution program;
administration
667-74 Availability of dispute resolution required before
foreclosure
667-75 Notice of dispute resolution availability required
667-76 Mortgagee’s filing of notice with department;
filing fee; electronic public notice of public sale
667-77 Notification to mortgagor by department
667-78 Owner-occupant’s election of dispute resolution;
owner-occupant program fee; right to dispute
resolution waived
667-79 Notification of opening a dispute resolution case;
mortgagee’s program fee
667-80 Parties; requirements; process
667-81 Outcome of dispute resolution; neutral’s closing
report
667-82 Noncompliance with requirements; statement
667-83 Stay of nonjudicial foreclosure proceedings
667-84 Confidentiality
667-85 Neutral qualifications; status and liability
667-86 Mortgage foreclosure dispute resolution special fund
Part VI. Association Alternate Power of Sale
Foreclosure Process
667-91 Alternate power of sale process
667-92 Notice of default and intention to foreclose;
contents; distribution; alternative remedies for
failure to serve
667-93 Recordation of notice of default and intention to
foreclose
667-94 Cure of default
667-95 Date of public sale of unit; place of sale
667-96 Public notice of public sale; contents; distribution;
publication
667-97 Postponement, cancellation of sale
667-98 Authorized bidder; successful bidder
667-99 Successful bidder’s failure to comply; forfeiture of
downpayment
667-100 Conveyance of property on payment of purchase price;
distribution of sale proceeds
667-101 Affidavit after public sale; contents
667-102 Recordation of affidavit, conveyance document; effect
667-103 Recordation; full satisfaction of debt by unit owner
667-104 Prohibited conduct
Note
As to procedural statutes superseded by the rules of court, see note preceding Title 32.
Chapter heading amended by L 2012, c 182, ยง3(4).
Cross References
Mortgage rescue fraud prevention act, see chapter 480E.
Secure and fair enforcement for mortgage licensing act, see chapter 454F.
Rules of Court
See Rules for Conversion of Non-Judicial Foreclosure Proceedings.
Law Journals and Reviews
Timesharing in the 1990s. I HBJ, no. 13, at 89 (1997).
Case Notes
Defendant’s motion for summary judgment granted on count alleging violation of this chapter, where plaintiffs did not establish a genuine issue of material fact regarding the claim and further failed to state a claim for wrongful foreclosure. 907 F. Supp. 2d 1165 (2012).