Hawaii Foreclosure Process and Laws
Quick Facts About the Hawaii Foreclosure Process
Judicial Foreclosure Available: Yes
Non-Judicial Foreclosure Available: Yes
Primary Security Instruments: Deed of Trust, Mortgage
Timeline: Typically 60 days
Right of Redemption: None
Deficiency Judgments Allowed: Yes
The foreclosure process in Hawaii can be done through a judicial or non-judicial process.
When there is no power of sale clause, the judicial foreclosure process is done by filing a lawsuit to obtain a court order to foreclose. Once approved, the property will be sold to the highest bidder.
When the power of sale clause is included in a mortgage, the non-judicial foreclosure process is done. This means that the borrower has already pre-authorized the sale of his property in case of his default. The property can be sold by the lender or his representative by following the guidelines for Power of Sale Foreclosure.
Power of Sale Foreclosure Guidelines
If there are no specifics about the power of sale, then the non-judicial foreclosure process is done by:
The notice of intent for foreclosure must be published in a newspaper once a week for three consecutive weeks, the last should not be less than 14 days before the date of sale. The notice should also be sent to the mortgagor, borrower and all other parties involved and have the right to be informed of the notice. A notice must also be placed on the property not later than 21 days before the date of the sale. The notice must contain all pertinent information about the foreclosure including the names of the parties involved, date, time and place of sale, terms of the sale etc.
The borrower has until three days before the date of sale to cure the default by paying the balance he owes as well as attorney’s fees.
If the default is not cured, the sale will continue as planned and sold to the highest bidder at an auction. The sale can also be postponed by announcement of the lender or his representative.
Foreclosure Avoidance Counseling
HUD-approved housing counseling agencies are available to provide you with the information and assistance you need to avoid foreclosure. As part of President Obama’s comprehensive Homeowner Affordability and Stability Plan (HASP), you may be eligible for a special Making Home Affordable loan modification or refinance, to reduce your monthly payments and help you keep your home.
If you need help understanding the Making Home Affordable programs, you can use this search tool to find a counseling agency in your area that will provide you with free foreclosure prevention services. If you are eligible for the loan modification or refinance program, the counselor will work with you to compile an intake package for your servicer.
Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.
Honolulu Field Office
500 Ala Moana Boulevard, Suite 3A
Honolulu, HI 96813
Phone: (808) 522-8175
Front office fax: (808) 522-8170
Back office fax: (808) 522-8194
TTY: (808) 522-8193
Jurisdiction: Hawaii, American Samoa, the Commonwealth of the Northern Mariana Islands and Guam.
Gordan Y. Furutani
Field Office Director
Office Hours: 8:00 a.m. to 4:00 p.m.
Monday through Friday
HUD Office in Guam
400 Route 8, FHB Building, Suite 302-A
Maite, GU 96910
Phone: (671) 472-7251
Fax: (671) 472-7247
Housing Program Specialist
Office Hours: 8:00 a.m. to 4:30 p.m.
Monday through Friday