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, enacted 2012) provides an alternative with a mandatory dispute resolution offer through the Mortgage Foreclosure Dispute Resolution Program. Hawaii uses mortgages (not deeds of trust) as the security instrument.

Process
Varies
Both judicial and non-judicial available §
Typical Timeline
Varies
From first notice to sale
Homestead Exemption
$30,000 for head of family or person over 65; $...
Must file to claim §
Deficiency Judgment
Limited
Allowed with limitations
Research depth: Standard · Last reviewed March 10, 2026 · Awaiting attorney validation
9 cited
35 needs check
3 gaps
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.

For a step-by-step guide to options and resources, see the Hawaii Foreclosure Guide →

On this page

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 commissioner's 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 hearing, 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. Borrowers have 30 days from receiving the Part II foreclosure notice 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 over 65, $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.

Non-Judicial Foreclosure Process

Awaiting verification
1
Default and Federal 120-Day Waiting Period
At least 120 days after first payment delinquency
Federal law requires your servicer to wait at least 120 days after the first missed payment before starting foreclosure. During this time, the servicer must try to contact you and review you for loss mitigation options (loan modification, forbearance, repayment plan). Hawaii adds no separate state waiting period beyond the federal requirement, but the Part II pre-foreclosure notice requirements effectively extend the timeline.
2
Written Pre-Foreclosure Notice to Borrower
At least 60 days before filing Notice of Intent with DCCA
The foreclosing mortgagee must send you a written notice at least 60 days before filing a Notice of Intent to Foreclose with the DCCA. This notice must inform you of the default, the amount owed, and your right to participate in the Mortgage Foreclosure Dispute Resolution Program. This is a critical notice — it gives you 30 days to opt into dispute resolution, which can significantly slow the process and give you leverage to negotiate alternatives. §
Defense opportunity: You have 30 days from receiving this notice to elect dispute resolution. If the lender fails to provide proper notice or fails to include the dispute resolution option, the foreclosure may be challenged.
3
Dispute Resolution Election (If Requested)
60-90+ days if elected; borrower has 30 days to elect after receiving notice
If you elect dispute resolution within 30 days of receiving the pre-foreclosure notice, the DCCA assigns a neutral to facilitate negotiation between you and the lender. The dispute resolution process includes document exchange, good-faith negotiation, and evaluation of loss mitigation alternatives. The lender cannot proceed with the foreclosure sale while dispute resolution is pending. This process typically adds 60-90+ days to the timeline and is your strongest leverage point. §
Defense opportunity: The dispute resolution process is your opportunity to negotiate a loan modification, forbearance, short sale, or other alternative. The lender must participate in good faith. If the lender fails to participate in good faith, you may have grounds to challenge the foreclosure.
4
Notice of Intent to Foreclose Filed with DCCA
After 60-day notice period expires and any dispute resolution concludes
After the 60-day pre-foreclosure notice period expires (and dispute resolution concludes, if elected), the foreclosing mortgagee files a Notice of Intent to Foreclose with the Department of Commerce and Consumer Affairs (DCCA). The Notice must include required information about the mortgage, default, and property.
5
Public Notice and Public Hearing
Published once/week for 3 consecutive weeks; sale at least 14 days after last publication
The foreclosing mortgagee must publish notice of the foreclosure in a newspaper of general circulation in the county where the property is located — once a week for three consecutive weeks. A public hearing may be conducted as part of the Part II process. The sale date cannot be less than 14 days after the last publication.
Defense opportunity: If the foreclosing mortgagee fails to properly publish notice or conduct required procedures, you may challenge the sale in court.
6
Power of Sale — Public Auction
On the advertised sale date; typically 60-120 days after filing Notice of Intent (without dispute resolution)
The property is sold at a public auction conducted by the foreclosing mortgagee or its agent. The sale must be held at a location specified in the published notice. The lender may credit bid up to the full outstanding debt without paying cash. Third-party bidders must pay in cash or certified funds. The highest bidder receives a deed. No court confirmation is required for the non-judicial sale.
Defense opportunity: You can challenge the sale if the foreclosing mortgagee did not comply with Part II requirements, if there was fraud or unfairness, or if the sale price was grossly inadequate.
7
Conveyance of Title and Possession
Immediately after sale; eviction proceedings 4-8 weeks if needed
After the sale, the foreclosing mortgagee conveys the property to the purchaser by deed, which is recorded with the Bureau of Conveyances (or Land Court for registered land). There is no post-sale redemption right in Hawaii — the sale is final. If you do not leave voluntarily, the purchaser can file for eviction. Tenants with valid leases receive 90 days' notice under federal PTFA.

Judicial Foreclosure Process

Awaiting verification
1
Complaint Filed in Circuit Court
After 120-day federal delinquency requirement is met
Lender files a foreclosure complaint in the Circuit Court of the circuit where the property is located. The complaint names all parties with an interest in the property (junior lienholders, tenants, etc.) and requests a decree of foreclosure and court-ordered sale. A lis pendens is recorded to provide public notice of the pending action.
Defense opportunity: You have 20 days to answer the complaint (or 30 days if served outside Hawaii). Failure to answer results in default judgment. You can raise defenses including improper notice, standing, TILA/RESPA violations, and CFPB compliance failures.
2
Decree of Foreclosure and Commissioner's Sale
6-18 months from complaint filing; court confirmation adds additional time
If the court grants the foreclosure decree, it appoints a commissioner to conduct the sale. The commissioner advertises the property and holds a public auction. The court must confirm the sale — the sale is not final until the court enters an order confirming it. This court confirmation step is a significant borrower protection not available in the non-judicial track.
Defense opportunity: You can object to court confirmation of the sale if there were procedural defects, inadequate sale price, or other irregularities.

Homeowner Protections

Awaiting verification
Homestead Exemption
$30,000 for head of family or person over 65; $20,000 for all others. Protects equity in your primary residence from judgment creditors. Does NOT stop mortgage foreclosure. §
Must file a homestead declaration. Does not protect against foreclosure by the mortgage holder (only judgment creditors).
Deficiency Judgment
Allowed with limitations
Deficiency judgments are allowed but the lender must go through court. For non-judicial Part II foreclosures, HRS § 667-38 requires the lender to file a separate court action for a deficiency judgment — it is not automatic.
Right of Redemption
No post-sale redemption.
Pre-sale reinstatement available. Before the foreclosure sale.
Right to Cure
You can cure the default and reinstate the loan at any time before the foreclosure sale by paying all past-due amounts, fees, and costs
All arrears, late charges, attorney fees, and costs to reinstate; full accelerated balance to satisfy

Mortgage Foreclosure Dispute Resolution Program (HRS § 667-71 to 667-86)

Awaiting verification

Hawaii's mediation program applies to: Mandatory offer for all non-judicial Part II foreclosures of owner-occupied residential properties; voluntary for judicial foreclosures. §

Key Requirements

Alternatives & Financial Assistance

Hawaii law permits several alternatives to foreclosure. Short sales are available with potential deficiency protection. Deed in lieu of foreclosure may be negotiated with the servicer. Forbearance agreements are available under federal and state loss mitigation requirements. Loan modification programs exist at both the federal and state level.

Hawaii's Hawaii HomeOwner Assistance Fund (Winding down; check current availability with HHFDC) received Approximately $50 million from federal American Rescue Plan Act (2021) in federal funding. Program details: hhfdc.hawaii.gov.

For a detailed breakdown of foreclosure alternatives, loss mitigation options, and financial assistance programs, see the Hawaii Foreclosure Guide.

Post-Sale Proceedings Under Hawaii Law

After a foreclosure sale in Hawaii, the new owner must provide written notice before initiating eviction proceedings.

Surplus fund rights after a Hawaii foreclosure sale are governed by state statute. Federal law (Protecting Tenants at Foreclosure Act) provides a minimum 90-day notice period for bona fide tenants in foreclosed properties, regardless of state timelines.

For guidance on what to do after a foreclosure sale, including eviction timelines, surplus fund claims, and tax consequences, see the Hawaii Foreclosure Guide.

Special Foreclosure Types in Hawaii

Beyond the standard judicial and non-judicial foreclosure process, Hawaii law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure
Available under state law.
Tax Lien Foreclosure
See details.

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 unique dual recording system: unregistered land uses the Bureau of Conveyances; registered (Torrens) land uses the Land Court.

AOAO/HOA super-lien under HRS § 514B-146 provides up to 6 months of assessment priority over a first mortgage. 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
6
Written Contracts
6
Promissory Note
6
Deficiency Judgment

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.

Automatic Stay on Death
No automatic stay. Foreclosure may proceed 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.
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.
Uniform Home Protection 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
Specific foreclosure rescue fraud statute exists.
HRS § 480E (Mortgage Rescue Fraud Prevention Act) specifically regulates distressed property consulting and foreclosure reconveyance transactions.
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, HAF assistance, and homeownership resources.
    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.

16 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 40 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 47 Debtor education providers Required post-filing debtor education courses

Browse all 104 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
Hawaii has both judicial and non-judicial foreclosure processes.
The FHA Signal
FHA delinquency rate
FHA serious delinquency rate — the canary in the coal mine for borrowers with thin down payments.
The Pipeline
Foreclosure starts & completions
Monthly foreclosure starts and completions from CoreLogic — the volume flowing through the system.
First Missed
Early-stage transitions
Borrowers transitioning from current to 30-days late — the earliest warning signal before delinquency rises.

See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026

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Free help is available for homeowners facing foreclosure in Hawaii. Contact the HUD Housing Counseling Hotline at 1-800-569-4287 or find a HUD-approved housing counselor for no-cost assistance.