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Hawaii Foreclosure Laws: Process, Timeline and Your Rights

Hawaii foreclosure rules: judicial or non-judicial, required notices, time frames, right to cure, redemption period, deficiency judgments, HOA liens and help for homeowners.

Quick answers for Hawaii

Judicial or non-judicial
Both. A lender may foreclose through a court action in circuit court (judicial foreclosure), or, where allowed, by a nonjudicial power-of-sale foreclosure under Part II of HRS chapter 667. Haw. Rev. Stat. §§ 667-1.5, 667-22, 667-53
Time frames set by law
In a nonjudicial foreclosure, the cure deadline in the Notice of Default must be at least 60 days after the notice. Haw. Rev. Stat. §§ 667-22(a)(6), 667-25
Redemption after the sale
For a nonjudicial power-of-sale foreclosure, the required public sale notice states that there is no right to cure the default or any right of redemption after the deadline of three business days before the sale. Haw. Rev. Stat. § 667-27(b)
Deficiency judgments
After a nonjudicial foreclosure of residential property, the lender (or anyone other than an association) may not pursue a deficiency judgment against an owner-occupant unless the debt is secured by other collateral. Haw. Rev. Stat. §§ 667-38, 667-1.5

Last verified: 2026-10-27

How foreclosure works

Judicial or non-judicialBoth. A lender may foreclose through a court action in circuit court (judicial foreclosure), or, where allowed, by a nonjudicial power-of-sale foreclosure under Part II of HRS chapter 667. An owner-occupant facing a nonjudicial foreclosure of residential property may convert it to a judicial foreclosure by filing a petition in circuit court within 30 days after being served with the foreclosure notice.
The statutes do not say which method is more common.
Source: Haw. Rev. Stat. §§ 667-1.5, 667-22, 667-53
Required noticesFor a nonjudicial (power of sale) foreclosure, the lender must prepare and serve a written Notice of Default and Intention to Foreclose on the borrower, mortgagor and any guarantor. It must itemize the default, state what is needed to cure it (including estimated attorney's fees and costs), give a cure deadline at least 60 days after the notice, name a Hawaii-licensed attorney located in Hawaii, include a capital-letter warning that the home may be sold without court action, attach copies of the loan documents, and list contact information for approved housing counselors and approved budget and credit counselors. If the default is not cured, a public notice of the sale must be prepared and distributed and published; it must state in capital letters that the default may be cured up to three business days before the sale.
Source: Haw. Rev. Stat. §§ 667-22, 667-27
Time frames set by lawIn a nonjudicial foreclosure, the cure deadline in the Notice of Default must be at least 60 days after the notice. The public sale must then take place on the later of at least 60 days after the public notice of sale is distributed, or at least 14 days after the third published notice advertisement. Sales must be held on state grounds in the county where the property is located, during business hours on a business day.
Source: Haw. Rev. Stat. §§ 667-22(a)(6), 667-25
Right to catch up (reinstate)Yes, in a nonjudicial foreclosure. The borrower may cure by the deadline in the Notice of Default (at least 60 days after the notice), and the public sale notice must state that the default may be cured no later than three business days before the sale by paying the amount that would be owed if the loan had not been accelerated, plus the lender's attorney's fees and other default-related costs. If the default is cured, the lender must rescind the notice and cancel the sale.
Source: Haw. Rev. Stat. §§ 667-22, 667-24, 667-27(b)
Foreclosure mediationYes. The Mortgage Foreclosure Dispute Resolution (MFDR) program, run by the Department of Commerce and Consumer Affairs, lets owner-occupants of residential property in a nonjudicial foreclosure meet with their lender to try to reach a loan modification or other agreement. The foreclosure notice must tell owner-occupants about the program; they must elect to participate within 30 days after the department mails its notice, and must consult an approved housing counselor or budget and credit counselor at least 30 days before the first session. DCCA's page lists a $300 nonrefundable fee for the owner-occupant and says the nonjudicial foreclosure is on hold until dispute resolution is completed. The program does not apply to association lien foreclosures or to foreclosures converted to judicial actions.
Parts of the DCCA FAQ appear to date from the program's launch (it mentions a 2011–2014 period); confirm current fees and status with DCCA at (808) 586-2886.
Source: Haw. Rev. Stat. §§ 667-71, 667-75, 667-80; DCCA, Mortgage Foreclosure Dispute Resolution Program

After the sale

Redemption after the saleFor a nonjudicial power-of-sale foreclosure, the required public sale notice states that there is no right to cure the default or any right of redemption after the deadline of three business days before the sale.
Source: Haw. Rev. Stat. § 667-27(b)
Deficiency judgmentsAfter a nonjudicial foreclosure of residential property, the lender (or anyone other than an association) may not pursue a deficiency judgment against an owner-occupant unless the debt is secured by other collateral. In a judicial foreclosure, the circuit court determines the amount due and renders judgment.
Source: Haw. Rev. Stat. §§ 667-38, 667-1.5

HOAs, taxes and selling

HOA liens and foreclosureYes. A condominium association's lien for unpaid common expenses may be foreclosed by court action or by nonjudicial power of sale, even if the governing documents do not include power-of-sale language. However, a lien that arises solely from fines, penalties, legal fees or late fees cannot be foreclosed nonjudicially and must be filed in court. In an association's court foreclosure, the owner must be given contact information for approved housing and budget counselors, may cure within 60 days after service by paying the full default and related fees, and may submit a payment plan within 30 days; the association may not reject a reasonable payment plan.
Source: Haw. Rev. Stat. §§ 514B-146, 667-19
Seller disclosureYes. A seller of residential real property must give the buyer a signed and dated disclosure statement no later than 10 calendar days after the buyer's purchase contract is accepted. The buyer then has 15 calendar days to review it and may rescind the contract in writing during that time without losing deposits. Some sales are exempt.
Source: Haw. Rev. Stat. §§ 508D-4, 508D-5

Getting help

Free help for homeownersThe Department of Commerce and Consumer Affairs' Mortgage Foreclosure Dispute Resolution page links to a list of Hawaii-based HUD-certified housing counselors and approved budget and credit counselors, and gives (808) 586-2886 for more information. By law, a nonjudicial foreclosure notice must include contact information for approved housing counselors and budget and credit counselors. DCCA also refers homeowners who need legal help to the Legal Aid Society of Hawaii.
Source: DCCA, Mortgage Foreclosure Dispute Resolution Program; Haw. Rev. Stat. § 667-22(d)

Foreclosure & Homeowner Law FAQ

Is Hawaii a judicial or non-judicial foreclosure state?
Both. A lender may foreclose through a court action in circuit court (judicial foreclosure), or, where allowed, by a nonjudicial power-of-sale foreclosure under Part II of HRS chapter 667. An owner-occupant facing a nonjudicial foreclosure of residential property may convert it to a judicial foreclosure by filing a petition in circuit court within 30 days after being served with the foreclosure notice.
What notice is required before a foreclosure sale in Hawaii?
For a nonjudicial (power of sale) foreclosure, the lender must prepare and serve a written Notice of Default and Intention to Foreclose on the borrower, mortgagor and any guarantor. It must itemize the default, state what is needed to cure it (including estimated attorney's fees and costs), give a cure deadline at least 60 days after the notice, name a Hawaii-licensed attorney located in Hawaii, include a capital-letter warning that the home may be sold without court action, attach copies of the loan documents, and list contact information for approved housing counselors and approved budget and credit counselors. If the default is not cured, a public notice of the sale must be prepared and distributed and published; it must state in capital letters that the default may be cured up to three business days before the sale.
How long does foreclosure take in Hawaii?
In a nonjudicial foreclosure, the cure deadline in the Notice of Default must be at least 60 days after the notice. The public sale must then take place on the later of at least 60 days after the public notice of sale is distributed, or at least 14 days after the third published notice advertisement. Sales must be held on state grounds in the county where the property is located, during business hours on a business day.
Can you stop a foreclosure by catching up on payments in Hawaii?
Yes, in a nonjudicial foreclosure. The borrower may cure by the deadline in the Notice of Default (at least 60 days after the notice), and the public sale notice must state that the default may be cured no later than three business days before the sale by paying the amount that would be owed if the loan had not been accelerated, plus the lender's attorney's fees and other default-related costs. If the default is cured, the lender must rescind the notice and cancel the sale.
Is there a right of redemption after foreclosure in Hawaii?
For a nonjudicial power-of-sale foreclosure, the required public sale notice states that there is no right to cure the default or any right of redemption after the deadline of three business days before the sale.
Can the lender come after you for the rest of the loan after foreclosure in Hawaii?
After a nonjudicial foreclosure of residential property, the lender (or anyone other than an association) may not pursue a deficiency judgment against an owner-occupant unless the debt is secured by other collateral. In a judicial foreclosure, the circuit court determines the amount due and renders judgment.
Does Hawaii have a foreclosure mediation program?
Yes. The Mortgage Foreclosure Dispute Resolution (MFDR) program, run by the Department of Commerce and Consumer Affairs, lets owner-occupants of residential property in a nonjudicial foreclosure meet with their lender to try to reach a loan modification or other agreement. The foreclosure notice must tell owner-occupants about the program; they must elect to participate within 30 days after the department mails its notice, and must consult an approved housing counselor or budget and credit counselor at least 30 days before the first session. DCCA's page lists a $300 nonrefundable fee for the owner-occupant and says the nonjudicial foreclosure is on hold until dispute resolution is completed. The program does not apply to association lien foreclosures or to foreclosures converted to judicial actions.
Can an HOA foreclose on your home in Hawaii?
Yes. A condominium association's lien for unpaid common expenses may be foreclosed by court action or by nonjudicial power of sale, even if the governing documents do not include power-of-sale language. However, a lien that arises solely from fines, penalties, legal fees or late fees cannot be foreclosed nonjudicially and must be filed in court. In an association's court foreclosure, the owner must be given contact information for approved housing and budget counselors, may cure within 60 days after service by paying the full default and related fees, and may submit a payment plan within 30 days; the association may not reject a reasonable payment plan.
What must a home seller disclose in Hawaii?
Yes. A seller of residential real property must give the buyer a signed and dated disclosure statement no later than 10 calendar days after the buyer's purchase contract is accepted. The buyer then has 15 calendar days to review it and may rescind the contract in writing during that time without losing deposits. Some sales are exempt.
Where can homeowners get free foreclosure help in Hawaii?
The Department of Commerce and Consumer Affairs' Mortgage Foreclosure Dispute Resolution page links to a list of Hawaii-based HUD-certified housing counselors and approved budget and credit counselors, and gives (808) 586-2886 for more information. By law, a nonjudicial foreclosure notice must include contact information for approved housing counselors and budget and credit counselors. DCCA also refers homeowners who need legal help to the Legal Aid Society of Hawaii.

Foreclosure & Homeowner Law in other states

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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.