OverviewUpdated 2026-02-27
Hawaii Foreclosure Defense Guide — Rights & Process
Foreclosure process, your rights, reinstatement, redemption, and defenses — what to know when facing foreclosure in Hawaii.
Jump to:
Pre-Foreclosure Notices — What You Must ReceiveForeclosure — Judicial vs. Nonjudicial ProcessLoan Modification — How to Apply & What to ExpectForeclosure Defenses — Legal Options to Fight BackRedemption Rights — Reclaiming Your Property After SaleDeficiency Judgments — What Happens After Foreclosure Sale
How Foreclosure Works
Foreclosure does not happen overnight — it follows a legal process with specific steps, deadlines, and intervention points. Whether your lender uses the courts (judicial foreclosure) or proceeds through a trustee (non-judicial), the timeline moves from missed payments to a sale. At every stage there are options — reinstatement, loan modification, or legal challenge — but each one has a window that closes. Knowing where you are in the process determines which remedies are still available.
1
⚠️
Missed Payments
lender contacts you
2
📨
Default Notice
breach letter / demand
3
🏛️
Filing / Sale Notice
judicial or power-of-sale
4
🔨
Sale / Auction
highest bidder
Defense Opportunities
🛡️
Reinstatement / Cure
pay arrears to stop process
🤝
Loan Modification
negotiate new terms
🔑
Redemption
reclaim after sale (if avail.)
High-level illustration only. Timelines, procedures, and available defenses vary by state and loan terms.
How foreclosure works in Hawaii
1
Missed payments and default
After missing payments, the lender will send notices and attempt to collect. A formal default typically occurs after 90-120 days of missed payments.
2
Pre-foreclosure notice
The lender must provide 60 days — the notice of default and intention to foreclose must set a cure deadline at least sixty days after the date of the notice, in the chapter 667, part II power of sale process; no statutory pre-suit notice period applies to a judicial foreclosure complaint days' notice before proceeding §667:22. The notice must include your right to cure the default. Notice is served by the foreclosing mortgagee must have the notice of default and intention to foreclose served on the mortgagor and borrower, any prior or junior creditors with a recorded lien on the property, the state director of taxation, the county director of finance, the department of commerce and consumer affairs, and any other person entitled to notice under part II.
3
Lawsuit filed
The lender files a complaint in court. You have the right to respond and raise defenses.
4
Sale / auction
The property is sold at public auction to the highest bidder. If the sale price exceeds the debt, you may be able to claim the surplus remaining after junior liens and other valid claims are paid §667:38.
Key rights and protections
| Hawaii rule | |
|---|---|
| Reinstatement (pay arrears to stop) | Yes — at any time before the court enters the final judgment of foreclosure §667:38 |
| Redemption after sale | Not available |
| Deficiency judgment | Not allowed |
| Mediation | Available — Hawaii Foreclosure Dispute Resolution (FDR) Program — dispute resolution for nonjudicial foreclosures conducted by power of sale under Part II of owner-occupied residential property; does not apply to power-of-sale foreclosures converted to judicial actions (Part V, HRS Ch. 667) §667:71 |
| Loss mitigation review | Required before foreclosure §667:22 |
Redemption rights
Hawaii does not provide a statutory right of redemption after the foreclosure sale.
Typical timeline
In Hawaii, the typical timeline from first missed payment to foreclosure sale is approximately 12-24 months (judicial only; FDR program adds time for owner-occupied properties). This varies significantly based on whether the borrower contests the action, seeks a loan modification, or has defenses.
⚠Foreclosure deadlines are strict. Missing a response deadline, cure period, or reinstatement window can permanently eliminate options that would otherwise be available.
✓If you have received a default notice or foreclosure filing, the most important step is to determine your deadlines and explore all options — reinstatement, loan modification, mediation, and legal defenses — before those windows close.
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Common Questions
Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Legal authoritiesStatutes referenced on this page
HRS § 667:1
Chapter 667 — Foreclosures (Judicial and Nonjudicial)
Primary foreclosure statute governing foreclosure proceedings in Hawaii.
Verified 2026-07-25 · quarterly review
HRS § 667:22
Pre-foreclosure notice — 60 days — the notice of default and intention to foreclose must set a cure deadline at least sixty days after the date of the notice, in the chapter 667, part II power of sale process
Notice required before foreclosure can proceed. Service method: the foreclosing mortgagee must have the notice of default and intention to foreclose served on the mortgagor and borrower, any prior or junior creditors with a recorded lien on the property, the state director of taxation, the county director of finance, the department of commerce and consumer affairs, and any other person entitled to notice under part II.
- Notice period: 60 days — the notice of default and intention to foreclose must set a cure deadline at least sixty days after the date of the notice, in the chapter 667, part II power of sale process; no statutory pre-suit notice period applies to a judicial foreclosure complaint
- Must include cure right: yes
Verified 2026-07-29 · quarterly review
HRS § 667:38
Deficiency judgment barred
Hawaii bars deficiency judgments for this foreclosure type. no deficiency judgment against an owner-occupant after nonjudicial foreclosure of residential property unless the debt is secured by other collateral.
Verified 2026-07-29 · quarterly review
HRS § 667:38
Reinstatement right — at any time before the court enters the final judgment of foreclosure
Hawaii allows reinstatement by paying all arrears, fees, and costs before the foreclosure sale.
Verified 2026-07-29 · quarterly review
HRS § 667:38
Surplus funds after sale
If the foreclosure sale produces more than the debt owed, the borrower is entitled to the surplus.
Verified 2026-07-29 · quarterly review
HRS § 667:71
Foreclosure mediation
Hawaii Foreclosure Dispute Resolution (FDR) Program — dispute resolution for nonjudicial foreclosures conducted by power of sale under Part II of owner-occupied residential property; does not apply to power-of-sale foreclosures converted to judicial actions (Part V, HRS Ch. 667)
Verified 2026-09-24 · quarterly review
HRS § 667:22
Loss mitigation requirements
Hawaii requires lenders to evaluate borrowers for loss mitigation options before foreclosure.
Verified 2026-07-29 · quarterly review
Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →