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Hawaii Foreclosure Laws

Judicial Yes
Non-Judicial Yes
Process Period 195 Days
Sale Publication 90 Days
Redemption Period None
Sale / NTS Trustee

Judicial Foreclosure: A court foreclosure begins when the lender files the appropriate documents asking the court to rule that the borrower is in default. The lender must also deliver the notice to the borrower, if the borrower cannot be found, or does not respond the notice needs to be published. If the borrower does not respond in 20 days the court can find them in default and the lender can proceed with the sale. The borrower may file and appeal within 30 days. Three days prior to the same the borrower may pay off the debt and stop the foreclosure.

Non-Judicial Foreclosure: Hawaii allows out-of-court foreclosures, but it must be in agreement with the sale clause in the mortgage, this may also require the lender to notify the borrower of any default on the loan before the foreclosure process is continued.

Sale: For out-of-court foreclosures, twenty-one days prior to the sale the copy of the sale notice must be posted on the property and mailed or delivered to the borrower. The lender must publish the notice in a local newspaper once per week for three consecutive weeks, with the last publication being no earlier than 14 days before the sale.

For court foreclosures a commissioner is appointed to sell the property at public auction. The notice of sale is published in a local newspaper; the notice must include the auction date, and any open house dates. The highest bidder may not win the property, as additional bidding will take place at a confirmation hearing. If the court finds the price fair the sale is confirmed.

Additional Information on Hawaii Foreclosure