§667-10
Power unaffected by transfer; surplus after sale.
No sale or transfer by the mortgagor shall impair or annul any right or power
of attorney given in the mortgage to the mortgagee to sell or transfer the
mortgaged property, as attorney or agent of the mortgagor, except as otherwise
provided by chapters 501 and 502. When public sale is made of the mortgaged
property under this part, distribution of the proceeds of the sale shall
be as specified in section 667-3, and the remainder of the
proceeds, if any, shall be paid over to the owner of the mortgaged property,
after deducting the amount of all claims and all
expenses attending the same. [L 1874, c 33, §4; RL 1925, §2883; RL 1935, §4728;
RL 1945, §12428; RL 1955, §336-9; HRS §667-10; am L 1972, c 90, §9(i), (j); am
L 2011, c 48, §19; am L 2012,
c 182, §14]
Case Notes
Upon foreclosure sale after death of mortgagor surplus goes
to administrator if required to pay debts. 17 H. 453 (1906) (prior to
enactment of §531-14).
Mortgagor can recover surplus from first mortgagee when
second mortgagee not a party to the action. 18 H. 352 (1907).
Owner of mortgaged property had right to surplus proceeds.
71 H. 204, 787 P.2d 674 (1990).
Notes of Decisions
Bank of Hawaii v. Horwoth, 787 P.2d 674 (Haw. 1990).
· cites it 4× “And “[w]hen public sale is made of the mortgaged property under [the mortgage foreclosure statute], the remainder of the proceeds, if any, shall be paid over to the owner of the mortgaged property, after deducting the amount of claim and all expenses attending the [sale].”
U.S. Bank Nat'l Ass'n v. Lake (Haw. App. 2026).
· cites it 10× “1326 Keeaumoku acknowledges that the Circuit Court "sits in equity when they award surplus proceeds," and "is permitted to depart from a literal interpretation of HRS § 667-10," but argues that under HRS § 501-88 its "Certificate of Title provides conclusive evidence that 1326…”
Malabe v. Ass'n of Apt. Owners of Exec. Centre. (Haw. 2020).
· cites it 4× “7 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** Malabes, and because the AOAO was acting as an agent or attorney on behalf of the Malabes pursuant to HRS § 667-10 (1993).9 At the sale, the AOAO successfully bid on the Apartment in an amount that did not…”
The Bank of New York Mellon v. Deshaw, 538 P.3d 791 (Haw. App. 2023).
· cites it 2× “) 30 HRS § 667-10 (2016), entitled "Power unaffected by transfer; surplus after sale," provides for distribution of remaining proceeds to the owner of the property following an HRS § 667-3 distribution.”
Wetsel v. Ass'n of Apt. Owners of One Waterfront Towers (D. Haw. 2022).
“§ 667-10.” Dkt. No. 24-1 at 7–8. Thus, they contend that they were “entitled to rely on the Misrepresentations” and were under “no[] obligat[ion] to investigate whether those statements were false” at all.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.