How Foreclosure Works in Hawaii
Whether Hawaii forecloses through the courts or by power of sale, the notices required, the time frames set by law, and how to catch up before the sale.
Short answer: 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
| 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. 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. |
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| Required notices | 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. |
| 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. 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. |
| 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. |
More Hawaii foreclosure & homeowner law
- Redemption and Deficiency Judgments in Hawaii
- HOA Liens and Foreclosure in Hawaii
- All Hawaii foreclosure & homeowner law rules
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.
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.