Hawaii Foreclosure Laws

Written by Manuel Martinez, RealtyTrac contributorPublished Jun 6, 2013

Last updated Aug 10, 2023

Key Takeaways

Judicial foreclosure is common in Hawaii, with a process period of about 220 days.
Borrowers can cure the default up to three days before the sale.
Court auction winners pay 10% of the bid, and the court must confirm the sale.
Hawaii offers no redemption rights after the sale is confirmed.

Foreclosure Process Overview

Judicial	Non Judicial	Comment	Process Period	Publish Sale	Redemption Period	Sale/NTS
•	•	Judicial types common	220 days	60 days	None	Trustee

Pre-foreclosure Period

Hawaii allows out-of-court foreclosure. It must be in accordance with a sale clause contained in the mortgage, which may require the lender to notify the borrower of any default on the loan before starting the foreclosure process.

A court foreclosure begins when the lender files the appropriate documents with the court asking the court to rule that the borrower is in default. The lender also delivers notice of the court filing to the borrower, or publishes the notice if they have trouble contacting the borrower. If the borrower does not respond to the court filings within 20 days, they are found in default and the lender can proceed with scheduling the foreclosure sale. The borrower may file a notice of appeal within 30 days after the court has declared them in default.

Up to three days prior to the sale, the borrower may cure the default and halt the sale by paying the debt and associated costs.

Notice Of Sale / Auction

For out-of-court foreclosures, the notice of foreclosure sale includes a description of the property, the terms of the sale, names of the parties involved, and the time and location of the sale. At least 21 days prior to the sale, the copy of the notice is posted on the property and mailed or delivered to the borrower. The lender publishes the notice of sale in a local newspaper once per week for three consecutive weeks, with the last publication at least 14 days before the day of sale. The sale is an auction where the highest bidder buys the property. The auction can be rescheduled, but the notices of sale must be resent and republished.

For court foreclosures, a commissioner is appointed to sell the property at public auction. The commissioner publishes the notice of sale in a local paper. The notice includes the auction date and open house dates, if any. Any party may bid at the auction and the winning bidder will be required to pay 10 percent of the bid in the form of cash or a cashier’s check. The highest bidder does not automatically get the property, as additional bidding may continue at a confirmation hearing. If the court finds the price fair, the sale is confirmed.

Hawaii offers no redemption rights for the borrower after the sale is confirmed.

Frequently Asked Questions

How long does foreclosure take in Hawaii?

This article lists a process period of about 220 days, with judicial foreclosures common.

Is there a redemption period in Hawaii?

No. Hawaii offers no redemption rights for the borrower after the sale is confirmed.

Can you stop a foreclosure sale in Hawaii?

Yes. Up to three days before the sale, the borrower can cure the default by paying the debt and associated costs.

About the author: Manuel Martinez

RealtyTrac contributor

Manuel Martinez is a contributor to RealtyTrac who writes about local housing markets, home buying and real estate investing. He has written for RealtyTrac since 2013, covering city and state market reports, home buying guides and tips, investment financing and strategies for buying and flipping homes.