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Inquiries Regarding Mortgage Loans Statute - Foreign Lender Exemptions And Immunities Under Part II Of Chapter 207, HRS

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The DFI often receives inquiries regarding Part II of the laws on Mortgage Loans, codified in Chapter 207, Hawaii Revised Statutes ("HRS"). Most questions relate to the foreign lender exemptions and immunities set forth in Section 207-12, HRS.

The DFI administers only the Code of Financial Institutions, codified at Chapter 412, HRS, and Chapter 449, HRS, which relates to escrow depositories. Therefore, the DFI cannot interpret Chapter 207, HRS.

No agency administers Part II of Chapter 207, HRS. Therefore, if a lender is uncertain whether it qualifies as a foreign lender entitled to the exemptions and immunities described in Section 207-12, HRS, then it should consult an attorney who is knowledgeable about this area of Hawaii state law. The DFI cannot render an opinion as to whether a lender qualifies as a "foreign lender" under Section 207-11, HRS, nor whether it is entitled to the exemptions and immunities under Section 207-12, HRS, nor can DFI interpret any other provision in Chapter 207, HRS.

Research Aids:
For online access to the Hawaii Revised Statutes ("HRS"), go to www.capitol.hawaii.gov and select "Bill Status & Docs". If you use the Search feature, then in the "Search the HRS text for" box, enter key words descriptive of the statute you wish to access. If you use the Browse feature and wish to see Chapter 207, HRS, click on "Browse", click on "Vol04", then click on "hrs207". WARNING: Statutes amended or repealed as a result of a recent Legislative Session may not be updated as yet in the online Hawaii Revised Statutes. .

If you need assistance in accessing state government documents online, please call the Public Access Office of the Legislative Reference Bureau at (808) 587-0478, or e-mail par@capitol.hawaii.gov."

Page last modified 07-11-2005 10:27 AM
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