STAND. COM. REP. NO.1206

Honolulu, Hawaii

, 2003

RE: H.B. No. 1076

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1076, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO APPELLATE JURISDICTION,"

begs leave to report as follows:

The purpose of this measure is to amend the mortgage foreclosure by action laws to include a new section addressing foreclosure appeals.

Testimony in support of this measure was received from the Hawaii State Bar Association.

Your Committee finds that appellate jurisdiction in mortgage foreclosure by action cases are confusing to those mortgage lenders and borrowers, title and escrow companies and others involved in the process. For this reason, your Committee believes that it is in the best interest of all interested parties to amend the mortgage foreclosure by action laws to set forth the law governing appeals in mortgage foreclosure cases. Your Committee amended the bill by:

(1) Adding the title of "Appeals" to the new section;

(2) Adding a reference to §641-1, Hawaii Revised Statutes, relating to other orders from which appeals may be taken; and

(3) Making technical, nonsubstantive changes for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1076, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1076, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair