Under Hawaii foreclosure laws, a lender can foreclose by filing a lawsuit in court, which is a process called a "judicial foreclosure," or by completing steps outlined in state law, known as a "nonjudicial foreclosure."
Previously, lenders almost always chose the nonjudicial path. However, the state's mortgage foreclosure dispute resolution program—a homeowner right—can delay the process significantly, and as a result, more lenders are choosing judicial foreclosure.
When Will a Foreclosure Start in Hawaii?
Under federal mortgage servicing laws, the servicer must generally wait until the mortgage payment is more than 120 days late before it can officially start a foreclosure. (12 C.F.R. § 1024.41 (2025).) This 120-day period gives the homeowner time to submit a loss mitigation application asking the lender for a foreclosure alternative, such as a loan modification.
Federal law gives homeowners rights and protections during the preforeclosure and foreclosure periods.
What Are the Different Types of Foreclosure in Hawaii?
Again, in Hawaii, a foreclosing lender can pick between two foreclosure options: a judicial foreclosure or a nonjudicial foreclosure.
How Judicial Foreclosures Work
With this type of foreclosure, the lender files a lawsuit in court and serves the homeowner with a copy. (Haw. Rev. Stat. § 667-1.5 (2025).) If you fail to answer the suit, you'll most likely lose the case automatically.
However, if you respond to the lawsuit, the case will go through the litigation process. The lender might then request the court to grant summary judgment. A summary judgment motion asks that the court grant judgment in favor of the lender because there’s no dispute about the critical aspects of the case.
If the court grants summary judgment for the lender or you lose at trial, the judge will order the home sold at a foreclosure sale. Before this happens, a notice of the sale must appear in a newspaper for three weeks, or the lender must publish it on a state website at the discretion of the agency that maintains the site and publish it at least once. (Haw. Rev. Stat. § 667-20 (2025).)
How Nonjudicial Foreclosures Work
In a nonjudicial foreclosure, the lender must comply with specific procedures detailed in the Hawaii statutes (laws). The lender must serve a notice of default and intention to foreclose, and mail or deliver a notice of sale to the borrower. (Haw. Rev. Stat. §§ 667-22, 667-27 (2025).)
The notice of default and intention to cure will have a deadline by which the default must be cured, which must be at least 60 days after the notice date. (Haw. Rev. Stat. § 667-22 (2025).) Still, under Hawaii law, you have the right to cure the default up until three business days before the sale (no later than that). (Haw. Rev. Stat. § 667-27 (2025).)
A notice of sale must be published once each week for three consecutive weeks, with the foreclosure sale taking place no sooner than 14 days after the third publication. The sale then happens on the later of at least 60 days after notice by publication or at least 14 days after publication of the third public notice advertisement. (Haw. Rev. Stat. § 667-25 (2025).) Or the notice of sale can be published online not less than 28 days before the date of the public sale and also published at least once in a newspaper at least 14 days before the sale. (Haw. Rev. Stat. § 667-27 (2025).)
If the lender follows all the required steps and you don’t convert the foreclosure to a judicial process (discussed below), it can sell the home at a foreclosure sale without going to court.
What Are My Foreclosure Rights in Hawaii?
Homeowners in foreclosure have rights in Hawaii. The rights available to you will depend on the type of foreclosure your lender chooses to use.
Mortgage Foreclosure Dispute Resolution Program in Hawaii
If the lender decides to proceed with a nonjudicial foreclosure, the owner-occupant will get the right to participate in the mortgage foreclosure dispute resolution program. In this program, the owner-occupant will meet with the lender to attempt to work out a way to prevent foreclosure. (Haw. Rev. Stat. § 667-71 and following (2025).) Lenders often file judicial foreclosures in Hawaii to avoid this program.
Converting a Nonjudicial Foreclosure to a Judicial Foreclosure in Hawaii
Homeowners of residential real estate facing a nonjudicial foreclosure can convert to the judicial process—but there’s a catch: You can’t convert if you elected to participate in the mortgage foreclosure dispute resolution program. (Haw. Rev. Stat. § 667-53 (2025).)
Whether you should convert a nonjudicial foreclosure to a judicial one is beyond the scope of this article. You should consult with an attorney familiar with the Hawaii foreclosure process to find out about your options.
Reinstating the Loan to Stop a Nonjudicial Foreclosure
Under Hawaii law, you may reinstate your loan (and stop the foreclosure) in a nonjudicial foreclosure by paying all past due payments plus fees and costs up to three business days before the sale.
Although Hawaii law doesn't give the homeowner the right to reinstate in a judicial foreclosure, the mortgage terms may allow for it. If you want to do so, check your mortgage documents. Or your lender might agree to let you complete a reinstatement.
Does Hawaii Have a Redemption Period for Foreclosure?
Some states allow a foreclosed homeowner to repurchase or “redeem” the home after the foreclosure. Hawaii law doesn't provide a right of redemption after either type of foreclosure.
Does Hawaii Allow Deficiency Judgments Following Foreclosure?
If a home sells for less than the amount due under the mortgage contract, the difference remaining is a "deficiency balance." In Hawaii, the lender can get a deficiency judgment for the outstanding amount in a judicial foreclosure. But it can't get a deficiency judgment after a nonjudicial foreclosure if the property is residential and owner-occupied unless the debt is secured by collateral other than the home. (Haw. Rev. Stat. § 667-38 (2025).)
A lender can use a deficiency judgment to collect the amount owed. Common collection methods include a bank levy (the bank hands over money from your account) or wage garnishment (when your employer takes money out of your paycheck).
If you find yourself facing a deficiency judgment, you might be able to get rid of it by filing for bankruptcy.
Finding Hawaii Foreclosure Laws
You can find Hawaii foreclosure laws in the Hawaii Revised Statutes. Judicial foreclosures are in sections 667-1.5 through 667-20.1. You’ll find nonjudicial foreclosure laws in sections 667-21 through 667-41.
Statutes change, so checking them is always a good idea. How courts and agencies interpret and apply the law can also change. And some rules can even vary within a state. These are just some of the reasons to consider consulting an attorney.