Hawai‘i State Law Library System

Foreclosure Reference Guide

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This reference guide identifies selected sources on foreclosure. Resources listed in this guide are available at all of the court libraries in the Hawai‘i State Law Library System, unless otherwise noted. This finding aid is not exhaustive, and is meant to be used as a starting point for research on this topic.

Notes: The information in brackets [ ] indicates the call number. SCLL=Supreme Court Law Library on O‘ahu, 2d=Maui, 3d=Hilo, K=Kona, 5^th=Kaua‘i
The Library staff is prohibited by law from giving legal advice. Please consult an attorney if you need such services.

Primary Sources | Secondary Sources | Agencies & Organizations | Internet Resources | Electronic Resources

Primary Sources (Laws, Ordinances, Rules, Cases)

Laws:

1. Chapter 667-Mortgage Foreclosures, in:

   • Hawaii Revised Statutes
     [KFH30 1993 A22

   • Hawaii Revised Statutes Annotated
     Michie's [KFH30 A4]
     West's [KFH30 A42]

2. Chapter 480E-Mortgage Rescue Fraud Prevention Act, in:

   • Hawaii Revised Statutes
     [KFH30 1993 A22]

   • Hawaii Revised Statutes Annotated
     Michie's [KFH30 A4]
     West's [KFH30 A42]

Rules:

1. Temporary Rules for Implementation of the Conversion Proceeding Established by Act 48 § 5 of the 2011 Hawaii Session Laws
   [RefRm KFH529.5 C66 A3 2011-2012]

Selected Forms:

1. American Jurisprudence Legal Forms, 2d
   [KF170 A54]
   Subject Heading: Mortgages - Foreclosures

2. American Jurisprudence Pleading and Practice Forms
   [KF8836 A45]
   Subject Heading: Mortgages - Foreclosures

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Secondary Sources

Encyclopedias:

1. American Jurisprudence, 2d
   [KF154 A42]
   Subject Heading: Mortgages

2. Corpus Juris Secundum
   [KF154 C81]
   Subject Heading: Mortgages

Manuals:

Hawai‘i

1. Effective Mortgage Foreclosures Techniques in Hawaii
   [RefRm KFH130.5 F6 E34 2003]

2. Foreclosure and Repossession
   [RefRm KFH130.5 F6 F78 2008]
   Available at: SCLL

3. Hawaii Real Estate Law Manual
   [RefRm KFH126 H33]
   See Chapter 32 - Default and Bankruptcy

4. Mortgage Foreclosure Dispute Resolution Program (MFDR)
   [RefRm KFH130.5 F6 H38]

5. Real Property Foreclosure: A step-by-step Workshop
   [RefRm KFH130.5 F6 F79 2010]
   Available at: SCLL

General

1. Law of Distressed Real Estate
   [KF1542 D91]
   A treatise designed for clients involved in various types of real estate issues including foreclosures.
   Available at: SCLL

2. Powell on Real Property
   [KF570 P87]
   A treatise dealing with real estate issues. See Chapter 37 for the section on foreclosures.
   Available at: SCLL, 2d, 5th

3. Real Estate Financing
   [KF570 R22]
   A title that covers various aspects of real estate financing, including foreclosures (see chapter 10.)
   Available at: SCLL

Finding Aids/Indexes:

1. Hawaii Digest
   [KFH57 H31]
   Topic:             Key Numbers:
   Mortgages       266k320-590, 650

2. LegalTrac
   (Electronic periodical database)
   Search subject term: Foreclosure

3. Hawai‘i CARD Network
   (Includes Hawai‘i State Law Libraries' holdings)
   Keyword: Foreclosure

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Agencies & Organizations

• Department of Housing and Urban Development

• Federal Reserve

• Department of Commerce and Consumer Affairs, Office of Consumer Protection
  Under “OCP Spotlight,” click on “Mortgage Foreclosure Information.”

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Internet Resources

• Nolo
  On the toolbar on the left, under “Legal Topics,” choose “Foreclosure.”

• Findlaw
  Under “Learn About the Law,” click on “Foreclosure.”

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Electronic Resources

These resources are available for public use at the Hawai‘i State Law Libraries at no charge. Printing is 15¢ per page.

• HeinOnline: Provides full text articles from more than 1000 legal periodicals with coverage from the inception of each journal through the current year. Searchable database.
• LegalTrac: An electronic periodical index that uses keywords and subject headings to search for law review and legal journal articles.
• Premise: A CD-ROM database available for searching Hawai‘i and federal cases, Hawai‘i laws and court rules, and legal encyclopedias.
• RIA Checkpoint: Comprehensive tax research source providing keyword searching for tax decisions and regulations.
• Shepard’s: Used to determine whether a case, statute, or regulation is “good law” and provides references to later cases and other legal resources. You must have a legal citation, not a case name, already in hand to use this service.
• Westlaw: A web-based electronic database used to find federal and 50-states cases, court rules, administrative regulations, and selected law review articles.

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