Hawaii Foreclosure Laws and Information

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Related Information

Hawaii Foreclosure Law

  • Judicial Foreclosure Available: Yes
  • Non-Judicial Foreclosure Available: Yes
  • Primary security instruments: Deed of Trust, Mortgage
  • Timeline: Usually 60 Days
  • Right of Redemption1: None
  • Deficiency Judgments2 Allowed: Yes
Lenders in the state of Hawaii may foreclose on deeds of trusts or mortgages in default using either a non-judicial or judicial foreclosure process. Judicial foreclosure is the preferred method of foreclosure in Hawaii.

Judicial Foreclosure

A judicial process of foreclosure requires that the lender file a lawsuit and attain a court order to foreclose on a particular property. This type of process is generally used when no power of sale is present in the mortgage or deed of trust. A power of sale is a clause found in a deed of trust or mortgage that authorizes the sale or transfer of land as outlined by the terms of that clause.

Non-Judicial Foreclosure

If a power of sale clause exists in the deed of trust or mortgage document, a non-judicial process of foreclosure is used. This allows the lender to sell the property and pay off the balance of the loan in the event the homeowner defaults. The power to sell may be completed by the lender or their representative in situations where a power of sale exists. The procedure for this type of foreclosure process is explained in the "Power of Sale Foreclosure Procedure" listed below.

Power Of Sale Foreclosure Guidelines

If the deed of trust or mortgage has a power of sale clause and it details the time, place and terms of sale, then the outlined procedure must be followed. However, if the power of sale clause does not clarify the time, place and terms of sale, then a foreclosure sale is conducted as follows:

  1. The notice of intent to foreclose is published in English once a week for three (3) consecutive weeks. The newspaper must have a general circulation in the county in which the property is located. Copies of the notice are mailed or delivered to the mortgagor, the borrower, any prior or junior creditors, the state director of taxation and any other person entitled to receive notice. The notice is also posted on the property not less than twenty-one (21) days prior to the day of sale.
  2. The borrower may cure the default and stop the sale up until three (3) days prior to the sale by paying the lien debt, costs and reasonable attorney's fees, if not otherwise agreed to by the lender and the borrower.
  3. The public sale of the property shall take place on the later of the following:
    1. at least sixty days after the public notice of the public sale is distributed or
    2. at least fourteen days after the date of the publication of the third public notice advertisement.
  4. Sale is made to the highest bidder. The successful bidder at the public sale, as the purchaser, is not required to make a down payment to the foreclosing mortgagee of more than (10) ten per cent of the highest successful bid price.
  5. If necessary, the public sale may be either postponed or canceled by the lender if the appropriate notification procedure is given.

Hawaii offers no rights of redemptions.

1 A borrower’s right to reacquire property lost due to a foreclosure.
 2 A personal judgment against the borrower for the remaining balance on the loan after a foreclosure sale.



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