State Foreclosure Law

Hawaii Foreclosure Laws

Hawaii is a dual-track foreclosure state — judicial foreclosure (HRS § 667-1 to 667-4) is the traditional method through Circuit Court, while non-judicial foreclosure under Part II (HRS § 667-21 to 667-42…

Process

Dual-Track

Judicial and non-judicial tracks both used §

Average Foreclosure Length

2,293 days

ATTOM average, Q2 2026: from the start of the foreclosure process to completion, for properties that completed foreclosure in Q2 2026. §

Homestead Exemption

$30,000 for head of family or person 65 or older; $20,000 for all others

Must file to claim: claim required · the rule §

Deficiency Judgment

Limited

Allowed (with limitations) §

47 source pages cited · Last checked Mar 10, 2026

Not legal advice. This page provides general information about Hawaii foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Hawaii-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Hawaii foreclosure guide →

On this page

01 Governing statutes
02 Foreclosure process and your rights
03 Special foreclosure types
04 Lien priority
05 Statute of limitations
06 Probate & inheritance
07 Consumer protection & compliance
08 Legal aid & pro bono resources
09 Find help in Hawaii
10 National foreclosure guides
11 Hawaii distress data

Governing Statutes

Citation	Title	Covers
HRS § 667-1 to 667-4	Judicial Foreclosure	Traditional judicial foreclosure process. Lender files a complaint in Circuit Court, obtains a decree of foreclosure, and the property is sold at a court-ordered sale. Court must confirm the sale. This is the more protective track for borrowers due to full judicial oversight.
HRS § 667-21 to 667-42 (Part II)	Non-Judicial Foreclosure — Power of Sale (2012 Framework)	Current non-judicial foreclosure framework enacted in 2012, replacing the older Part I non-judicial process. Establishes detailed requirements for pre-foreclosure notice, public notice of sale, dispute resolution offer, and power of sale. Requires the foreclosing mortgagee to file a notice of intent to foreclose with the DCCA, offer dispute resolution to the borrower, and conduct a public sale. Includes consumer protections not present in the older Part I.
HRS § 667-71 to 667-86	Mortgage Foreclosure Dispute Resolution Program	Establishes the Mortgage Foreclosure Dispute Resolution Program administered by the DCCA. Owner-occupants have 30 days after the DCCA mails its notification to opt into dispute resolution. A neutral is assigned to facilitate negotiation between borrower and lender. This program significantly extends the non-judicial timeline and provides borrowers an opportunity to negotiate alternatives to foreclosure.
HRS § 667-5 to 667-10 (Part I — old law)	Non-Judicial Foreclosure — Old Power of Sale (Largely Superseded)	Original non-judicial foreclosure framework. Largely superseded by Part II (2012) for residential mortgage foreclosures. May still apply in limited circumstances for commercial properties or mortgages executed before the Part II effective date. Less consumer protection than Part II — no mandatory dispute resolution offer.
HRS § 651-92	Homestead Exemption	Establishes homestead exemption: $30,000 for head of family or person 65 or older, $20,000 for all others. Protects equity in the homeowner's primary residence from judgment creditors. Does NOT apply to mortgage foreclosure — the exemption does not prevent a mortgagee from foreclosing on the security instrument.

Hawaii Foreclosure Process and Your Rights

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. §

Paying to stop the foreclosure: In a Part II (non-judicial) foreclosure, you can cure the default and reinstate the loan until three business days before the public sale by paying the amount that would be owed if the loan had not been accelerated, plus the lender's attorney's fees, costs, and other fees and costs related to the default, unless you and the lender agree otherwise. There is no right to cure after that deadline. The Part II 60-day pre-foreclosure notice period plus the dispute resolution process (if elected) give you a meaningful window. §
After the sale: No post-sale redemption in a Part II (non-judicial) foreclosure: any right of redemption ends three business days before the sale. §
Homestead exemption: $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. §
Mediation: Hawaii has a statewide foreclosure mediation program: the Mortgage Foreclosure Dispute Resolution Program. §

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Hawaii foreclosure guide →

Special Foreclosure Types in Hawaii

Beyond the standard dual-track foreclosure process, Hawaii law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure

HOA and condominium association (COA/AOAO) assessment liens may be foreclosed under HRS § 514B-146. §

The association's lien generally ranks behind a mortgage recorded before the association recorded its notice of lien.

Tax Lien Foreclosure

Property tax liens have priority over mortgage liens in Hawaii. §

Delinquent property taxes are enforced by the county (Hawaii has four counties: Honolulu, Maui, Hawaii, Kauai).

Lien Priority in Hawaii

Generally first in time, first in right. Hawaii recording statutes (Bureau of Conveyances and Land Court) govern lien priority. Hawaii has a dual recording system: unregistered land uses the Bureau of Conveyances; registered (Torrens) land uses the Land Court.

Under HRS § 514B-146, a condominium association's lien generally ranks behind a mortgage recorded before the association recorded its notice of lien, but after a foreclosure sale the board may specially assess the purchaser for up to six months of unpaid regular monthly assessments. This is a significant consideration in Hawaii's condo-heavy market. Consult a local attorney for specific lien priority questions, especially for registered Land Court property.

Statute of Limitations in Hawaii

Mortgage Foreclosure

Varies §

HRS § 657-1 sets a six-year limit for actions to recover a debt founded on a contract, obligation, or liability. That section does not separately address actions to foreclose a mortgage on real property.

Written Contracts

6 years §

Promissory Note

6 years §

For a note payable at a definite time, six years after the due date or, if the due date is accelerated, six years after the accelerated due date. Different rules apply to notes payable on demand.

Deficiency Judgment

Varies §

After a non-judicial Part II foreclosure of residential property, HRS § 667-38 bars the mortgagee or anyone else other than an association from pursuing or obtaining a deficiency judgment against an owner-occupant unless the debt is secured by other collateral. Consult a local attorney for specific deadlines.

Probate & Inheritance in Hawaii

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Hawaii law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies

State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.

Notification to Estate

The lender must notify the estate or personal representative before proceeding.

Foreclosure must be served on the estate or personal representative of a deceased borrower.

Heir Protections

Heirs who inherit and occupy the property as a primary residence may qualify as successors in interest under 12 CFR 1024.31 and apply for loss mitigation.

Executor Reinstatement Rights

The executor or personal representative may reinstate the mortgage by curing the default.

Garn-St. Germain Act

Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as a primary residence under Garn-St Germain, 12 U.S.C. 1701j-3.

Uniform Partition of Heirs Property Act (UPHPA)

Not adopted in this state.

Consumer Protection & Compliance in Hawaii

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Hawaii.

UDAP Statute

Hawaii Unfair or Deceptive Acts or Practices (UDAP) §

Broad consumer protection statute prohibiting unfair or deceptive acts or practices in trade or commerce.

Foreclosure Rescue Fraud Laws

HRS § 480E (Mortgage Rescue Fraud Prevention Act) specifically regulates distressed property consulting and foreclosure reconveyance transactions.

HRS § 480-2 (UDAP) provides broader consumer protection. Federal FTC Act and CFPB enforcement also apply.

Attorney Advertising Rules

Hawaii Rules of Professional Conduct govern attorney advertising and solicitation.

Lead Generation Restrictions

HRS § 480E (Mortgage Rescue Fraud Prevention Act) restricts foreclosure-related solicitation and consulting services.

Barratry

Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.

Hawaii professional conduct rules prohibit in-person solicitation of prospective clients in vulnerable circumstances.

Legal Aid & Pro Bono Resources in Hawaii

⚖

Legal Aid Society of Hawaii

Primary legal aid organization in Hawaii. Provides free civil legal services including foreclosure defense, dispute resolution representation, and consumer protection for income-eligible residents.
legalaidhawaii.org →
⚖

Volunteer Legal Services Hawaii

Connects low-income individuals with volunteer attorneys for civil legal matters including foreclosure defense and housing issues.
vlsh.org →
🏠

HUD-Approved Housing Counselors

Free, federally funded housing counseling agencies in Hawaii. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
Find a counselor in Hawaii →
📞

HUD Housing Counseling Hotline

Free foreclosure prevention counseling.
1-800-569-4287 →
📞

Hawaii DCCA — Mortgage Foreclosure Dispute Resolution Program

Information about the dispute resolution program, filing procedures, and borrower rights under Part II non-judicial foreclosure.
808-587-3222 →
📞

Hawaii Office of Consumer Protection (OCP)

Report mortgage fraud, foreclosure rescue scams, and unfair or deceptive practices. Enforces HRS § 480E (Mortgage Rescue Fraud Prevention Act) and HRS § 480-2 (UDAP).
808-586-2630 →
📞

Hawaii Housing Finance and Development Corporation (HHFDC)

State housing programs and homeownership resources. The Homeowner Assistance Fund (HAF) is closed to new applications.
808-587-0567 →
📞

Military Legal Assistance — Joint Base Pearl Harbor-Hickam

Free legal assistance for active-duty military, dependents, and retirees. SCRA protections and foreclosure counseling.
808-474-0039 →
📋

Hawaii State Bar Association Lawyer Referral and Information Service (LRIS)

Nominal fee for initial 30-minute consultation
hsba.org →
🎓

Volunteer Legal Services Hawaii Pro Bono Program

Coordinates pro bono legal assistance for low-income Hawaii residents.
vlsh.org →

Find Help in Hawaii

We maintain a verified directory of free and low-cost help providers in Hawaii. All are government-approved or federally funded.

15 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 42 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 48 Debtor education providers Required post-filing debtor education courses

Browse all 106 providers in Hawaii →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Hawaii.

Facing Foreclosure?

Overview of the process, available options, and free help resources

How to Stop Foreclosure

Immediate options — forbearance, modification, legal aid, bankruptcy

Your Rights in Foreclosure

Federal protections under CFPB Regulation X and loss mitigation rules

How Foreclosure Works

Stage-by-stage walkthrough from missed payments to sale

Behind on Your Mortgage?

Options for borrowers who have missed or expect to miss a payment

Bankruptcy & Foreclosure

How Chapter 7 and Chapter 13 can stop or delay foreclosure

Hawaii Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Hawaii homeowners:

Foreclosure Filings

National trend

National foreclosure filings. Hawaii has both judicial and non-judicial foreclosure processes.

FHA mortgage delinquency

FHA delinquency rate

Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.

Foreclosure volume

Foreclosure starts & completions

Monthly foreclosure starts and completions from ATTOM Data Solutions.

Newly late mortgages

Current to 30 days late

Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).