Hawaii 2025 Regular Session

Hawaii Senate Bill SB332

Introduced
1/15/25  
Refer
1/21/25  
Report Pass
2/10/25  
Refer
2/10/25  
Report Pass
2/28/25  
Engrossed
3/4/25  
Refer
3/6/25  
Report Pass
3/14/25  
Refer
3/14/25  
Report Pass
3/21/25  
Refer
3/21/25  

Caption

Relating To Foreclosures.

Impact

By mandating that each property be sold individually at public auctions, SB332 aims to preserve community integrity and housing accessibility. The legislation recognizes that a prior tendency for bulk sales can lead to homes being purchased by investors rather than owner-occupants, further exacerbating housing instability. Moreover, the bill introduces a waiting period, preventing the finalization of property sales for either fifteen or forty-five days post-public sale, allowing eligible bidders to place subsequent bids. This change is designed to prioritize owner-occupants, prospective buyers looking to reside in the properties, and nonprofit organizations that specialize in affordable housing.

Summary

Senate Bill 332 aims to amend regulations surrounding foreclosures in the State of Hawaii, particularly focusing on how mortgaged properties are sold during power of sale foreclosures. The bill seeks to address challenges faced by homeowners who default on their mortgages due to economic crises and natural disasters. It specifically prohibits the bundling of foreclosed properties for public sale, ensuring that each mortgaged property must be bid on separately. This measure is intended to protect owner-occupied homes from being acquired by investors and to mitigate issues related to prolonged vacancies left by foreclosures.

Sentiment

The sentiment surrounding SB332 is generally supportive among housing advocates who view it as a crucial move towards safeguarding homeownership opportunities for low to moderate-income families. Many stakeholders assert that the bill represents a proactive approach to combating the negative impacts of foreclosures and supporting communities affected by economic downturns. However, there may be some contention among real estate investors and businesses that could see this bill as a hindrance to their operations, preferring a more flexible sales framework that allows for bundling properties.

Contention

One notable point of contention regarding SB332 is the balance between the interests of investor buyers and the need to protect homeownership in vulnerable populations. While proponents believe that preventing the bundling of properties is essential for prioritizing owner-occupants, critics may argue that it could limit the efficiency and liquidity of the foreclosure sale market. The legislation's provision regarding the waiting period for bid finalization also raises questions regarding practicality for potential investors who rely on quicker turnover in property acquisitions.

Companion Bills

HI HB467

Same As Relating To Foreclosures.

Previously Filed As

HI SB1576

Relating To Foreclosures.

HI SB1135

Relating To Foreclosures.

HI HB467

Relating To Foreclosures.

HI HB565

Relating to the procedures required for the foreclosure of a property owners' association's assessment lien.

HI SB283

Relating to requirements for the nonjudicial foreclosure of certain residential mortgage liens.

HI HB2749

Relating to promulgation by the supreme court of standard forms for use in certain expedited foreclosure proceedings.

HI HB3691

Relating to an order to conduct mediation following an application for expedited judicial foreclosure proceedings.

HI SB1202

Relating to an order to conduct mediation following an application for expedited judicial foreclosure proceedings.

Similar Bills

HI HB467

Relating To Foreclosures.

HI SB1135

Relating To Foreclosures.

TX HB2795

Relating to enforcement of a lien against certain decedents' interests in real property.

TX SB1770

Relating to enforcement of a lien against certain decedents' interests in real property.

TX HB2207

Relating to the foreclosure sale of property subject to an oil or gas lease.

ME LD1444

An Act to Prevent Foreclosures Without Strict Compliance with Notice Requirements

TX HB2590

Relating to the foreclosure sale of property subject to an oil or gas lease.

TX SB1384

Relating to the foreclosure sale of property subject to oil or gas lease.