Summary of Hawaii's Foreclosure Laws

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If you are facing foreclosure in Hawaii, it’s important to understand some of the basics, including:

  • the most common type of foreclosure procedure (judicial v. nonjudicial) used in Hawaii
  • how much time you have to respond
  • your rights and protections in the process, and
  • what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of Hawaii foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic

State Rule

Most common type of foreclosure process

Judicial. In the past, most foreclosures in Hawaii were nonjudicial. However, lenders have switched to judicial foreclosures in order to bypass Hawaii’s new Mortgage Foreclosure Dispute Resolution (MFDR) program. This could change if the legislature amends the MFDR program.

Time to respond

Homeowner has 20 days to respond after being served with summons and complaint. For judicial foreclosures, the foreclosing party must publish a notice of sale in a newspaper once each week for three consecutive weeks, with the sale taking place no sooner than 14 days after the date of the publication of the third public notice advertisement; or the notice of sale may be published not less than 28 days before the date of the public sale on a state website. (If the public notice is published on a website, the notice must also be published at least once in a newspaper not less than 14 days prior to the public sale.)

Reinstatement of loan before sale

Not available for foreclosures by mortgage holders

Redemption after sale

Not available

Special protections for foreclosures involving high-cost mortgages

None

Special state protections for service members

Haw. Rev. Stat. §§ 657D-1 to 657D-63

Deficiency judgments

Allowed for judicial foreclosures

Cash exempted in bankruptcy

About $12,725 for one person, $25,450 for a married couple under federal bankruptcy exemptions.

Notice to leave after house is sold

Former owner is subject to eviction or ejectment (a common law procedure to “eject” an occupant). Either way, new owner must get a court order to remove former homeowner.

Foreclosure statutes

Haw. Rev. Stat. §§ 667-1 to 667-46, 667-A to 667-AC

by: , J.D.

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