Hawaii Foreclosure Help – Stop Foreclosure in Hawaii

 


Finding Foreclosure Help in Hawaii

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

Email: HI_Webmanager@hud.gov

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
email: gordan.y.furutani@hud.gov

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
Email: HI_Webmanager@hud.gov

Fax: (671) 472-7247
Jurisdiction: Guam

Roque Mendiola
Housing Program Specialist
email: roque.e.mendiola@hud.gov

or

email: gordan.y.furutani@hud.gov

Office Hours: 8:00 a.m. to 4:30 p.m.
Monday through Friday

Hawaii Foreclosure Laws Summary

Quick Facts:

  • Judicial foreclosure process is available.
  • Non-judicial foreclosure process is available.
  • The primary security instruments are mortgages and deeds of trust.
  • The timeline can vary by process, which typically takes 60 days.
  • The borrower has no rights of redemption.
  • The lender may sue for deficiency judgements.

Lenders may use the judicial or non-judicial process to foreclose on mortgages in Hawaii.

Judicial Foreclosure
The judicial foreclosure process is used when there is no power of sale clause present in a mortgage deal. This is done by filing a lawsuit to obtain a court order to foreclose. Once this is approved, the property can then be sold at an auction to the highest bidder.

Non-Judicial Foreclosure
The non-judicial foreclosure process is used when there is a power of sale clause included in a mortgage deal. The power of sale clause gives the lender the power to sell the property in the event of the borrower’s default. The lender or a trustee can sell the property by following the guidelines stated below.

Power of Sale Foreclosure Guidelines

When the power of sale clause does not state the specifics and terms of sale, the judicial process of foreclosure must be carried out as follows:

A notice of sale must be published in the county newspaper where the property is located once a week for 3 consecutive weeks. The last ad should not be less than 14 days prior to the date of sale. This notice must also be sent to the borrower and all other parties involved. Lastly, another notice must be put up on the property itself at least 21 days before the foreclosure sale. This notice must contain the important information about the sale, including date and place of sale, names of the parties involved and other specifics of the sale.

The borrower can stop the sale by paying all of his debts, including attorney’s fees, 3 days before the sale is to take place. If he is not able to do this, the sale goes on as scheduled and sold at an auction to the highest bidder. The sale may be postponed by announcing it during the originally scheduled date.