Summary of Hawaii's Foreclosure Laws

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
Common types of foreclosure process	Regular procedure under power of sale in deed of trust.  Alternate nonjudicial procedure for mortgages signed after July 1, 1999.
Time to respond	Nonjudicial: Foreclosing party must be represented by an attorney, who must publish notice in newspaper once per week for three consecutive weeks, ending 14 days before sale, and post notice on property at least 21 days before sale. Federally insured banks and other federal lending institutions have an alternative: They can give homeowner a 60-day notice of default before sale.
Reinstatement of loan before sale	Nonjudicial: allowed in regular nonjudicial foreclosures up to 60 days after the notice of default. Allowed in alternative nonjudicial foreclosures until three days before sale.
Redemption after sale	No
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 when alternate foreclosure procedure used (for cases involving mortgages signed after July 1, 1999) but not when regular procedure used.
Cash exempted in bankruptcy	About $11,000 for one person, $22,000 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