Hawaii Foreclosure Laws
Attorney General's Office
425 Queen St.
Honolulu, HI 96813
Ph: (808) 586-1500
Foreclosure Laws in Hawaii
Judicial Foreclosure: Yes
Non-Judicial Foreclosure: Yes
Security Instruments: Mortgage / Trust Deed
Right of Redemption: No
Deficiency Judgments: Yes. Lender's Decision
Time Frame: 2 Months
Public Notice: Publication
Judicial foreclosure: Requires the lender to sue in court to obtain
an order to foreclose. This process is used when no power of sale clause is included
in the loan document.
Non-judicial foreclosure: May be employed when the loan document
contains a power of sale clause authorizing the lender to sell the property to recover
the balance of the loan amount in the event of default. If the power of sale clause
includes instructions as to the time, place, and terms of sale, then that procedure
must be followed. If not, the process is as follows.
A notice of default and intent to foreclose must be sent to the borrower and all
junior lien holders and published weekly in a newspaper of general circulation in
the county in which the property is located for three consecutive weeks with the
final publication made at least 14 days before the scheduled sale date.
The notice must also be sent to the state director of taxation and to the director
of finance of the county in which the property is located. The notice may include
the dates and times of two open houses to be held at the subject property. If none
are to be held, the notice must so state.
The borrower has until three business days before the sale date to cure the default.
The sale will be a public auction held at the time and place stated in the notice.
The sale may be postponed from time to time by a public announcement from the foreclosing
lender or their representative.