Hawaii Foreclosure Laws

Everything you need to know about foreclosure in Hawaii: the legal process, your timeline, and your rights as a homeowner.

Process Type

both

Typical Timeline

6-12 months (judicial), 3-6 months (non-judicial)

Deficiency Judgment

Lender CAN pursue

Right of Redemption

None (non-judicial)

Right to Cure

60 days after default notice (non-judicial)

Notice Period

14 days (judicial), 60 days (non-judicial)

What This Means for You

Both judicial and non-judicial available. Non-judicial more common. Mandatory dispute resolution program required before foreclosure can proceed.

Hawaii allows both judicial and non-judicial foreclosure. Your lender will typically choose the non-judicial path (faster and cheaper for them). If you want the protections of a judicial process, consult an attorney about your options.

Deficiency judgment warning: In Hawaii, your lender CAN sue you for the difference between what your home sells for and what you owed. If you owe $300,000 and the home sells for $250,000, you could be liable for the $50,000 difference. A short sale with a deficiency waiver or a deed in lieu with a release clause can protect you — negotiate this explicitly with your lender.

What to Do Right Now

  1. Call your loan servicer (the company you send your payment to — check your mortgage statement). Ask for the loss mitigation department.
  2. Call a HUD-approved housing counselor at 800-569-4287 (free). They can review your situation and advocate on your behalf.
  3. Gather documents: Hardship letter, 2 months of pay stubs, 2 years of tax returns, bank statements, monthly budget.
  4. Do NOT ignore notices. Every day you wait reduces your options. Even with Hawaii's judicial process (6-12 months (judicial), 3-6 months (non-judicial)), early action gives you the most leverage.
  5. Consult an attorney if you've received a Notice of Default or foreclosure lawsuit. Many offer free initial consultations.

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