§667-4 - Defenses.
§667-4 Defenses. The mortgagor, or any subsequent mortgagee, may defend the action for foreclosure, and may show any matter in legal or equitable avoidance of the mortgage. [CC 1859, §1234; RL 1925, §2890; RL 1935, §4723; RL 1945, §12423; RL 1955, §336-4; HRS §667-4; am L 1972, c 90, §9(d)]
Rules of Court
Pleading under the Hawaii Rules of Civil Procedure, see HRCP rules 7, 8, 10, 12. Affirmative defenses, see HRCP rule 8(c).
Case Notes
Acceleration provision in mortgage although not in note secured is enforceable by foreclosure. 32 H. 420.