Hawaii Foreclosure Law Page 1 of 2

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Hawaii Foreclosure Laws

Hawaii Foreclosure Law Summary
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UNITED STATES
FORECLOSURE LAWS

UNITED STATES
FORECLOSURE NEWS
Quick Facts

- Judicial Foreclosure Available: Yes GLOSSARY

OF TERMS
- Non-Judicial Foreclosure Available: Yes

- Primary Security Instruments: Deed of Trust, Mortgage

- Timeline: Typically 60 days

- Right of Redemption: None

- Deficiency Judgments Allowed: Yes

In Hawaii, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.

Judicial Foreclosure

The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in
the mortgage or deed of trust. Generally, after the court declares a foreclosure, the property will be auctioned off to the highest bidder.

Non-Judicial Foreclosure

The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the
clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the
their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by
the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the
"Power of Sale Foreclosure Guidelines".

Power of Sale Foreclosure Guidelines

If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the
specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows:

1. The notice of intent to foreclose must be published once a week for three (3) successive weeks, the last publication to be
not less than fourteen (14) days before the day of sale, in a newspaper having a general circulation in the county in which
the mortgaged property is located.

Copies of the notice must be 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. Additionally, the notice must be posted on the premises
not less than twenty-one (21) days before the day of sale.

Said notice must state: 1) The date, time, and place of the public sale; 2) The dates and times of the two (2) open houses
of the mortgaged property, or if there will not to be any open houses, the public notice shall so state; 3) The unpaid
balance of the moneys owed to the mortgagee under the mortgage agreement; 4) A description of the mortgaged property,
including the address or description of the location of the mortgaged property, and the tax map key number of the
mortgaged property; 5) The name of the mortgagor and the borrower; 6) the name of the lender; 7) The name of any prior
or junior creditors having a recorded lien on the mortgaged property before the recordation of the notice of default; 8) The
name, the address in the State, and the telephone number in the State of the person in the State conducting the public
sale; and 9) The terms and conditions of the public sale.

Additional wording, as required by the State of Hawaii, may be found here.

2. Up until three (3) days before the sale, the borrower may cure the default and stop the sale by paying the lien debt, costs
and reasonable attorney's fees, unless otherwise agreed to between the lender and the borrower.
3. The sale, which may be held no earlier than fourteen (14) days after the last ad is published, is to be made at auction to

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Hawaii Foreclosure Law Page 2 of 2

the highest bidder.

4. Any sale, in which notice has been given, may be postponed from time to time by public announcement made by the
lender or their representative.

There are no rights of redemption in Hawaii.

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http://stopforeclosure.com/Hawaii_Foreclosure_Law.htm 3/17/2011