Hawaii Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage

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Multi-State
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US-02785BG
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

A Hawaii Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage is a legal document that allows a property owner to seek legal recourse if a mortgagee fails to fulfill their obligations to execute and record a satisfaction and discharge of mortgage in a timely manner. This complaint can be filed with the court to compel the mortgagee to fulfill their duties. In Hawaii, there are different types of complaints that can be filed to compel a mortgagee to execute and record a satisfaction and discharge of mortgage. These may include the following: 1. Complaint for Specific Performance: This type of complaint is filed when the mortgagee outright refuses to execute and record a satisfaction and discharge of mortgage. It seeks a court order requiring the mortgagee to fulfill their obligations. 2. Complaint for Breach of Contract: If the mortgagee's failure to execute and record a satisfaction and discharge of mortgage is a result of a breach of contract, the property owner can file this complaint. It seeks damages resulting from the breach and a court order to compel the mortgagee to fulfill their duties. 3. Complaint for Declaratory Relief: When there is a dispute regarding whether the mortgage has been fully satisfied, a complaint for declaratory relief can be filed. This complaint seeks the court's declaration and confirmation of the mortgage's satisfaction, and an order requiring the mortgagee to execute and record a satisfaction and discharge. 4. Complaint for Injunctive Relief: If the mortgagee's failure to execute and record a satisfaction and discharge of mortgage poses an immediate threat of harm or irreparable damage to the property owner, they can file a complaint for injunctive relief. This type of complaint seeks an emergency court order to compel the mortgagee to fulfill their duties promptly. In any of these complaints, it is crucial to include relevant details such as the names and addresses of both parties, a description of the mortgage agreement, a timeline of events, any attempts made to resolve the issue outside of court, and specific requests for relief. It is also important to use keywords such as "Hawaii complaint," "mortgagee," "satisfaction and discharge of mortgage," "execute," "record," and "compel" to ensure the document is optimized for search engines and relevant legal searches.

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FAQ

There are no rights for redemption in Hawaii once the foreclosure is completed.

In a JUDICIAL FORECLOSURE, the Mortgagee files a lawsuit against you in order to obtain a court judgment that you owe the balance due under your loan and to obtain an order to sell the property. The initial legal document you will receive in the lawsuit is called the complaint.

Twenty years. No person shall commence an action to recover possession of any lands, or make any entry thereon, unless within twenty years after the right to bring the action first accrued. or enforce a promissory note from an action to foreclose a mortgage.

A deed in lieu of foreclosure is a contract between a lender and a borrower where the borrower transfers property to the lender. In turn, the lender waives the borrower's mortgage debt and does not pursue foreclosure.

Under Hawaii law, you may reinstate your loan (and stop the foreclosure) in a nonjudicial foreclosure by paying all past-due payments plus fees and costs up to three business days before the sale. (Haw. Rev. Stat.

(a) The mortgagee of real property or the record assignee of a mortgage interest shall provide to the mortgagor a release of mortgage upon full satisfaction of the mortgage and discharge of any secured debt.

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... a demand on the mortgagee and, in the absence of compliance, to execute and record a release of a fully satisfied mortgage under certain conditions. There ... How to fill out Satisfaction Mortgage Form? Aren't you sick and ... a Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage?28-Jul-2021 — As the Hawaii Supreme Court has held, a mortgagee can foreclose on a ... The Release of Mortgage, recorded in the State of Hawaii Bureau of. by RW Freyermuth · 2007 · Cited by 11 — Alternatively, the mortgagee might return the original loan documents (the note and mortgage/deed of trust) to the mortgagor marked "paid" or "satisfied." In ... ... release shall be properly executed by the Mortgagee, this Mortgage shall become void. ... recorded in the Bureau of Conveyances of the State of Hawaii as ... is the mortgagee of record, and the borrower is in default on the mortgage ... a mortgagee must take to commence and complete a judicial foreclosure in that State ... 09-May-2018 — Alternatively, the statute allows the lender to provide a duly executed and acknowledged discharge: (i) to the closing attorney or ... 28-Sept-2018 — provide to the mortgagor a release of mortgage upon full satisfaction of the mortgage and discharge of any secured debt."). Hawai'i courts ... by JJ Card · 2012 · Cited by 2 — mortgage, in its capacity as mortgagee of record. Therefore, if. MERS fails ... 2006) (“The satisfaction of the mortgage was not a blanket release of defendants'. by DA Whitman · Cited by 15 — mortgagee (quite wrongfully) to execute and record the customary form of discharge or satisfaction of the mortgage, even though the mortgagor.

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Hawaii Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage