Legal Question in Real Estate Law in Hawaii

My Hawaii Warranty Deed is in the name of husband and wife, as tenants by the entirety. My note (mortgage) is in the name of husband only. Will the mortgage company be able to foreclose against him and sell the property?

Asked on 7/23/12, 12:47 pm

1 Answer from Attorneys

Jon Zahaby Tour bus, scenic and sightseeing, operation

Technically, No -- However, you have a real fight on your hands and you need to have a Hawaii Judge that actually understands property law. It will probably be necessary to cite and argue a specific line of cases (i.e. the Swift Case, etc.) to stop the foreclosure and this may even need to be done in Federal Court. Otherwise, the Bank will just steam roll you with paperwork and default you on the Foreclosure. You need to retain an experienced Foreclosure State Circuit Court and Federal Litigation Attorney. I no longer practice in this area of law. Aloha, Jon A. Zahaby, Esq.

Read more
Answered on 7/23/12, 12:56 pm

Related Questions & Answers

More Real Estate and Real Property questions and answers in Hawaii