Chapter 19 Real Property Taxes - Laserfiche WebLink

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§ 19-37 H AWAI‘I C OUNTY C ODE within the County, or if the owners are unknown, and the fact shall be made to appear by affidavit to the satisfaction of the court, and it shall in like manner appear prima facie that a cause of action exists against such owners or claimants or against the property described in the complaint, or that such owners or claimants are necessary or proper parties to the action, the director may request the court that service be made in the manner provided by sections 634-23 to 634-29, Hawai‘i Revised Statutes. In any such case, it shall not be necessary to obtain judgment and have execution issued and returned unsatisfied, before proceeding to foreclose the lien for taxes in the manner herein provided. (1983 CC, c 19, art 5, sec 19-37; am 1988, ord 88-74, sec 1; am 1997, ord 97-84, sec 1.)19-37 Section 19-38. Tax liens; foreclosure without suit. (a) All real property on which any lien, or part thereof, for taxes levied pursuant to this Code has existed for at least two years may be sold by way of foreclosure without suit by the director or as otherwise specified in this Code. (b) Such delinquent real property shall be sold by the director or the director’s designated representative at public auction to the highest bidder, for cash, to satisfy the lien, together with all interest, penalties, costs, and expenses due or incurred on account of the taxes, lien, and sale. (c) The surplus funds from the tax foreclosure sale, if any, shall be rendered to the person(s) legally entitled to the surplus funds resulting from the sale. (d) The sale shall be held at any public place proper for sales on execution of the foreclosure. (1983 CC, c 19, art 5, sec 19-38; am 1997, ord 97-84, sec 1; am 2014, ord 14-126, sec 2.) Section 19-39. Same; registered land. If the land has been registered in the land court, the director shall also send by registered mail a notice for the proposed sale to any person holding a mortgage or other lien registered in the office of the assistant registrar of the land court. The notice shall be sent to any such person at that person’s last address as shown by the records in the office of the registrar, and shall be deposited in the mail at least forty-five days prior to the date set for the sale. (1983 CC, c 19, art 5, sec 19-39; am 1997, ord 97-84, sec 1.)19-39 Section 19-40. Notice; sale of foreclosed property without suit. (a) The notice of tax foreclosure without suit and tax sale shall contain: (1) The names of the persons assessed; (2) The names of the present owners as shown by the records of the director and the records if any of the assistant registrar of the land court; (3) The character and amount of tax and year or years taxes are delinquent, with interest, penalties, costs, expenses, and charges accrued or to be accrued to the appointed date of sale; (4) A brief description of the property; (5) The time and place of the sale; and 19-20