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State Foreclosure Information
Hawaii
When you develop a definite plan of action with well-timed, well-informed steps, you can
stop the foreclosure process and save your home. We have outlined the foreclosure process
for the state of Hawaii.
Judicial Foreclosure Available: Yes
Non judicial Foreclosure Available: Yes
Foreclosure in Hawaii takes one of two forms: (1) judicial foreclosure by a lawsuit much
like any other lawsuit or (2) sale under a power of sale clause in the mortgage.
Preferred Method:
Judicial foreclosure is the preferred method in Hawaii. Although trust deeds
are available, they are not commonly used.
Judicial Foreclosure
In a judicial foreclosure, the Circuit court may assess the amount due on
a mortgage, without a jury, and render judgment for that amount and an order of foreclosure
on the mortgage. The actual sale of the property will take place in the same way as normal
execution sales.
Non-judicial Foreclosure
Preliminary Notices
Advertising
Out-of-court foreclosures must be published, in English once per week for
three consecutive weeks. The last publication must be run no less that 14 days before the
sale date.
Mailing
Mortgage creditors having a mortgaged lien against the property that another
mortgage creditor intends to foreclose on under a power of sale clause may, if a written
request is given to the foreclosing mortgage creditor, receive notice of the lender’s intent
to foreclose. The foreclosing lender must mail the notice to the other mortgage creditors
at least seven days prior to the date of the sale.
Sale
The highest bidder at the foreclosure sale buys the property.
Post-Sale Matters
A buyer at the foreclosure sale holds title subject to the existing liens.
Any surplus from the sale shall be paid over to the owner of the mortgaged property.
Special Procedures
A notice of any foreclosure on a condominium apartment must be sent certified
or registered mail to the association of the condominium. This notice must be sent at the
time the lender begins foreclosure proceedings. This provision may not be waived.
Redemption
Redemption rights have been abolished in Hawaii.
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