Facing Foreclosure in Hawaii?

Hawaii uses dual-track foreclosure. In Hawaii, foreclosures that finished in the second quarter of 2026 took an average of 2,293 days from the start of the foreclosure process to completion, according to ATTOM. Lenders use both a court case and a no-court process here. The court track depends on the judge, so there's no single fastest date. When 12 C.F.R. § 1024.41 applies to a principal-residence mortgage, the rule generally bars a servicer in an ordinary delinquency-based foreclosure from making the first notice or filing until the loan is more than 120 days delinquent. Limited exceptions apply to due-on-sale violations and joining a superior or subordinate lienholder's foreclosure. Some state notices that are only mailed to you can come during that wait. Hawaii law sets these steps, each with its own minimum: No-court track: notice of sale mailed and posted at least 60 days before the sale, and published once a week for three weeks, with the sale at least 14 days after the last notice (HRS §§ 667-25, 667-27).

Often there are still ways to try, though none is guaranteed: (1) Reinstatement — paying what you're behind, plus fees, to bring the loan current, where state law or your mortgage allows it (Hawaii's rule is under "When is it too late?" above). (2) Loan modification — if 12 C.F.R. § 1024.41 applies to a mortgage secured by your principal residence and no § 1024.30 exemption applies, including exemptions for small servicers, reverse-mortgage transactions, and qualified lenders, a complete application received more than 37 days before a scheduled sale generally requires evaluation for available options and a written decision; the rule does not require a particular modification. (3) Forbearance — a temporary pause on payments, if your servicer agrees. (4) Bankruptcy — filing generally creates an automatic stay that can stop a foreclosure sale while it lasts, though the stay has exceptions and can last only a short time in some cases. (5) Short sale — selling the home for less than you owe, if your lender approves.

Yes. Hawaii has the Mortgage Foreclosure Dispute Resolution Program. Who can use it and how to start depends on the program's rules (program details). Mediation gives you a chance to negotiate directly with your lender under the supervision of a neutral third party. This can result in loan modifications, payment plans, or other alternatives to foreclosure.

Hawaii limits deficiency judgments: whether the lender can collect the rest depends on the loan, the kind of sale and the rules below. Deficiency judgments are allowed after judicial foreclosure, through the court. After a non-judicial Part II foreclosure of residential property, HRS § 667-38 bars a deficiency judgment against an owner-occupant unless the debt is secured by other collateral; the bar does not cover an association. Attempting to collect a deficiency in violation of § 667-38 is an unfair or deceptive practice under HRS § 667-60.

Yes. HUD-approved housing counseling agencies give foreclosure-prevention counseling for free, and a counselor can help you talk to your servicer. HUD lists 15 approved counseling agencies in Hawaii; its referral line is 1-800-569-4287.

As Hawaii law sets it: $30,000 for head of family or person 65 or older; $20,000 for all others. Protects equity in your primary residence from judgment creditors. Does NOT stop mortgage foreclosure. Hawaii's homestead exemption under HRS § 651-92 is limited to $30,000 or $20,000 of equity, measured over and above liens recorded before the creditor's lien. The exemption does NOT apply to mortgage foreclosure — it only protects against other judgment creditors. The exemption must be claimed (it is not automatic in all circumstances).

Government-backed loans have their own rules on top of Hawaii law. FHA requires a meeting or reasonable efforts to arrange one in covered defaults. Current rules allow approved remote methods; exceptions and timing requirements apply. VA and USDA set their own help options for the loans they back; the forbearance guide and loan modification guide explain each program's options, with the rule behind each one.

Under the federal PTFA, the new owner after a foreclosure must give bona fide tenants at least 90 days' notice before eviction, and a bona fide tenant with a lease can generally stay until the lease ends (unless the home is sold to a buyer who will live there, who can end the lease on 90 days' notice). Hawaii's Residential Landlord-Tenant Code (HRS § 521) provides additional tenant protections including habitability requirements and retaliatory eviction prohibitions.

Possibly. If a foreclosure sale brings in more than is owed, the extra is called surplus. The costs of the sale, the debt being foreclosed and other liens on the home, such as a second mortgage, are generally paid first, and in some states a court decides who gets what is left. In Hawaii: In a Part II sale, the proceeds go to liens with priority as a matter of law, the foreclosing mortgagee's attorney's fees and costs, the costs of the sale, and the amount owed to the foreclosing mortgagee, and then to junior lienholders in order of priority; any remaining surplus belongs to the former owner (the mortgagor). The foreclosing mortgagee must distribute the proceeds this way. In judicial foreclosure, the court oversees surplus distribution. The court, county clerk or trustee who handled the sale can tell you whether any surplus is being held.

Generally, no. HAF programs, including the Hawaii HomeOwner Assistance Fund, can't commit new money after September 30, 2026 (Treasury). If the program approved you before then, ask it about payments still being processed.

Possibly, with your lender's approval. In Hawaii, a deficiency waiver (a release of the remaining balance) can be negotiated as part of a short sale approval. Short sales require servicer approval. Negotiate deficiency waiver in writing. The dispute resolution program can be used as a forum to negotiate a short sale. Whether the lender can still collect the rest depends on the terms it agrees to.