Hawaii Foreclosure Timeline and Laws

Hawaii Foreclosure Process and Procedure

If you default on your mortgage, your lender can institute foreclosure proceedings against you. You risk losing your home.

The primary method of foreclosure used in Hawaii is non-judicial foreclosure. The lender may also file a judicial foreclosure by action. The property is then sold at a foreclosure sale conducted by the sheriff, and requires court approval.

Notice Requirements for Foreclosure in Hawaii

The notice of foreclosure sale for non-judicial foreclosure must be published by the lender for three consecutive weeks in a newspaper of general circulation in the county in which the property is located. The last publication cannot be less than 14 days before the foreclosure sale. The notice of foreclosure must be served on the borrower and all interested parties and be posted at the premises to be foreclosed not less than 21 days before the sale.

Hawaii Deficiency and Anti-Deficiency Laws

The lender may seek a deficiency judgment if the property is sold at public auction for less than the loan amount.

Hawaii Redemption Rights

Hawaii has no statutory right of redemption. The borrower may cure any default up until three  days before the foreclosure sale by payment of all arrearages, costs and fees.

Hawaii Assistance, Special Programs, Government Help, and Law Updates

Foreclosure Programs:

• Hawaii Foreclosure Avoidance Counseling -HUD

• The Home Affordable Mortgage Modification Program

• The Home Affordable Refinance Program

• The Home Affordable Foreclosure Alternatives Program

• FHA Secure

• Hope for Homeowners

Foreclosure Lawyer

Hawaii foreclosure laws are complex. It is recommended that you consult with a foreclosure lawyer who can advise you about options to avoid foreclosure including refinancing, reinstatement, deed in lieu, mortgage modification, short sale or bankruptcy.