Hawaii · statute · Haw. Rev. Stat. ch. 480E · 16 active provisions
The purpose of this chapter is to protect Hawaii consumers from persons who prey on consumers by offering services that purport to provide relief from consumers' mortgage loan obligations or from other filed or threatened liens or encumbrances against their properties. Consumers who face foreclosures, liens, or encumbr…
As used in this chapter, unless the context otherwise requires: "Consideration" means any payment or thing of value provided to an owner of a distressed property, including reasonable costs paid to independent third parties necessary to complete the distressed property conveyance or payment of money to satisfy a debt o…
The office of consumer protection shall educate consumers about abusive practices that may be committed against consumers who may be offered mortgage assistance relief services or who face property foreclosures, liens, or encumbrances, as appropriate.
(a) A distressed property consultant contract shall be in writing and shall fully disclose all services to be performed by the distressed property consultant and all terms of any agreements between the distressed property consultant and all distressed property owners, including the total amount and terms of compensatio…
(a) A distressed property consultant contract shall contain, immediately before the space reserved for all the distressed property owners' signatures, the following notice of right to cancel a distressed property consultant contract in a type size no smaller than fourteen-point boldface type, completed with the name of…
(a) In addition to any other legal right to rescind a contract, any distressed property owner has the right to cancel a distressed property consultant contract, without any penalty or obligation, at any time before the distressed property consultant has fully performed each and every service the distressed property con…
(a) A distressed property conveyance contract shall be in writing and shall fully disclose all rights and obligations of the distressed property purchaser and all distressed property owners and all terms of any agreements between the distressed property purchaser and all distressed property owners. (b) Every distressed…
(a) A distressed property conveyance contract shall contain, immediately before the space reserved for all the distressed property owners' signatures, the following notice of right to cancel a distressed property conveyance contract in a type size no smaller than fourteen-point boldface type, completed with the correct…
(a) In addition to any other legal right to rescind a contract, any distressed property owner has the right to cancel a distressed property conveyance contract, without any penalty or obligation, at any time before the later of midnight of the fifteenth business day following the day on which the last party to a distre…
(a) A distressed property lease shall be in writing and shall fully disclose: (1) All rights and obligations of the distressed property lessor and distressed property lessee; (2) The exact terms of the agreement between the distressed property lessor and distressed property lessee; (3) The exact period of time the dist…
(a) Any distressed property consultant shall keep, for a period of twenty-four months from the date the record is created, the following records: (1) All contracts or other agreements between the distressed property consultant and any consumer for any mortgage assistance relief service; (2) Copies of all written commun…
(a) A distressed property consultant shall not: (1) Represent, expressly or by implication, in connection with the advertising, marketing, promotion, offering for sale, or performance of any mortgage assistance relief service, that a distressed property owner cannot or should not contact or communicate with the distres…
(a) Any person who violates any provision of this chapter shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2. (b) Any person who violates any provision of title 12 Code of Federal Regulations part 1015, pertaining to mort…
Any person who violates section 480E-10 is guilty of a class C felony and, in addition to any other penalties, shall be fined $10,000.
An attorney licensed in the State engaged in the practice of law who performs or provides, or attempts to perform or provide, or who arranges for others to perform or provide, or who assists others to perform or provide, or who makes any solicitation, representation, or offer to perform or provide, any mortgage assista…
The attorney general or the executive director of the office of consumer protection is authorized to investigate reported or suspected violations of the federal mortgage assistance relief services rules, set forth in title 12 Code of Federal Regulations part 1015, and to enforce such rules by bringing civil actions or…