Kondaur Capital Corporation v. Matsuyoshi.

Opinion of the Court by

POLLACK, J.

In Ulrich v. Security Investment Co., 35 Haw. 158 (Haw.Terr.1939), we held that a personal property mortgagee seeking to enforce a non-judicial foreclosure sale bears the burden of establishing that the sale was conducted in a manner that is fair, reasonably diligent, and in good faith and that an adequate price was procured for the property. In the years after Ulrich was decided, the legislature made several amendments to the non-judicial foreclosure statute, and the viability of Ulrich in light of these amendments, as well as Ulrich’s applicability to real…