Hawaii · Power of sale or court state · Haw. Rev. Stat. §§ 667-1.5, 667-21 to 667-42 and 667-91 to 667-104

Hawaii gives you at least 60 days to cure a power of sale notice, and at least 60 more before the auction.

A lender with a power of sale can foreclose with no lawsuit. The notice of default and intention to foreclose must give a cure date at least 60 days out, the public notice of the sale goes out only after that date, and the auction is at least 60 days after it. You can cure until three business days before the auction, and after it there is no right to buy the home back. Owner-occupants get 30 days to convert the case to court, or 30 days after the state’s notice to choose the state’s dispute resolution program. A lender can also sue in circuit court.

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Four dates decide a Hawaii power of sale case. The cure date in the notice, at least 60 days after its date. The 30 days to convert the case to court, counted from when the notice was served, or to elect the state’s dispute resolution program, counted from the state’s notice. Three business days before the auction, your last chance to cure. And the recording of the affidavit and deed, when the sale is complete and the buyer may take possession.

What Hawaii gives you

Rights that exist because the property is in Hawaii, whatever a servicer tells you on the phone.

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Condos, co-ops and row houses can follow their own lien rules.
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Where to get real help, free

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A free counselor can read your papers with you before any deadline.

Regional legal aid programs take foreclosure cases at no cost if you qualify by income. Start at LawHelp.org, which lists free legal aid programs state by state.

HUD-approved housing counselors are free in every state — 1-800-569-4287. Some states, courts and counties run foreclosure mediation or counseling programs; ask your servicer or a HUD-approved counselor whether yours does.

Anyone who contacts you first, guarantees they can stop the sale for a fee paid up front, or asks you to sign the deed over is running a scam. Never sign a deed to someone promising to save your home.

Status of this page

Checked against the statutes cited beside each step. Every legal claim on this page is registered with its citation and was checked against official sources and then reviewed again by an independent checker. Dates marked as estimates are estimates. Appellate case law was not independently verified, and laws change, so have a Hawaii foreclosure attorney confirm anything that matters before you act.

Questions people ask about Hawaii foreclosure

Short answers, each one sourced to the statute cited on this page.

How long does foreclosure take in Hawaii?

A typical Hawaii power of sale runs roughly 242 days from the first missed payment. The notice must give a cure date at least 60 days away, and the public sale can be no sooner than 60 days after the public notice. Haw. Rev. Stat. 667-22 and 667-25.

How late can I cure a Hawaii foreclosure?

You can cure until no later than three business days before the public sale. After that there is no cure or redemption. Haw. Rev. Stat. 667-28.

Can a Hawaii lender come after me for the shortfall?

Not from an owner-occupant after a power of sale. Haw. Rev. Stat. 667-38 bars a deficiency against an owner-occupant, and associations are excluded from that protection.

What is the Hawaii mortgage foreclosure dispute resolution program?

An owner-occupant can elect state dispute resolution within 30 days after the state mails its notice, and the process is meant to finish within about 60 days of the first meeting. Haw. Rev. Stat. 667-76 to 667-83.

How long do I have to redeem after a Hawaii county tax sale?

In the counties whose rules we could read, one year from the date of the sale, at 12 percent interest, or one year from recording if the deed was not recorded within 60 days in Honolulu and Maui. Honolulu ROH 8-5.6 and Maui County Code 3.48.270.