Hawaii allows both judicial and non-judicial foreclosure. HI offers strong consumer protections including mandatory mediation and the right to convert non-judicial to judicial. Free consultation.
Hawaii is a non-judicial foreclosure state (with a judicial option) under HRS Chapter 667. The process takes approximately 160-220 days and includes a mandatory mediation program for owner-occupied properties. Hawaii law requires lenders to send a Notice of Default with a 35-day cure period and then participate in the Mortgage Foreclosure Dispute Resolution Program. Hawaii also provides strong consumer protections under HRS §667-91. Deficiency judgments are limited to the difference between debt and fair market value.
Hawaii allows both non-judicial (power of sale) and judicial foreclosure. Most lenders use non-judicial under HRS Chapter 667 Part I. In a non-judicial process: (1) the lender sends a Notice of Default with a 35-day right to cure, (2) after cure period, the case may go to the mandatory mediation program, (3) after mediation, a Notice of Sale is published for 3 consecutive weeks, and (4) the auction is held at least 14 days after the third publication. The mediation program is a powerful tool — many cases resolve here.
Lender sends a Notice of Default giving at least 35 days to cure the default. This must include the amount owed and a statement about the mediation program. This is your window to cure, seek modification, or file bankruptcy.
The Mortgage Foreclosure Dispute Resolution Program provides neutral mediation. Lenders must participate in good faith. Mediation can resolve with loan modifications, forbearance, short sales, or other alternatives. Many HI foreclosures are resolved here.
Notice published for 3 consecutive weeks. Auction at least 14 days after third publication. HI has no post-sale redemption. Deficiency limited to debt minus FMV. Strong consumer protection laws allow challenges to improper foreclosures.
The Dispute Resolution Program requires neutral mediation for owner-occupied homes.
The NOD must give at least 35 days to cure by paying past-due amounts plus fees.
Deficiency judgments limited to debt minus fair market value. Separate lawsuit required.
HRS §667-91 provides protections against improper foreclosures and predatory practices.
HI homestead exemption protects up to $30,000 (head of household) or $20,000 (over 65).
The full process takes 6-8 months, giving significant time for alternatives.
HI's mandatory mediation and strong consumer laws give you powerful tools:
Cure during the 35-day notice period. Pay past-due amounts to stop the process.
Use the mediation program to negotiate new terms. HI lenders must participate in good faith.
We represent you at the mandatory mediation. Strong HI consumer protections help.
Automatic stay stops proceedings immediately. HI allows federal bankruptcy exemptions.
Negotiate through mediation. HI's FMV cap limits deficiency exposure.
Audit for HRS Chapter 667 violations that may provide foreclosure defenses.
The mediation program gives you strong homeowner protections. Free, confidential review. No obligation.
Hawaii allows both judicial and non-judicial foreclosure. HI's Mortgage Foreclosure Dispute Resolution Program offers mandatory mediation. Homeowners can convert non-judicial to judicial foreclosure. The process takes 4-8 months. Deficiency judgments limited for owner-occupied.
Lender files notice. 35-day right to cure. Dispute resolution program offered.
Mandatory mediation. Published 3 weeks. 21-day notice. Right to convert process.
Auction held. No redemption. Deficiency limited for owner-occupied.