Key Takeaways
- Two tracks, one dominant: Hawaii allows foreclosure by action in circuit court (HRS chapter 667, Part IA) and power of sale foreclosure (Part II). The courts took 652 judicial filings from January through July 2026 (Hawaii Judiciary).
- The clock is slow: Hawaii foreclosures completed in the first half of 2026 averaged 2,293 days, second longest nationally against 563 days (ATTOM, mid-year 2026).
- The nonjudicial notice buys at least 60 days: the cure date must be at least sixty days out (HRS § 667-22). Cure is allowed up to three business days before the sale (HRS § 667-28).
- Owner-occupants can move a case to court: a conversion petition filed within thirty days of the foreclosure notice costs $250 and stays the nonjudicial action (HRS § 667-53).
- No redemption after the sale: chapter 667 gives the former owner no statutory right to buy back.
If you are trying to stop foreclosure in Hawaii, sort out which track your case is on first. A lender may sue in circuit court or, on some loans, sell under a power of sale with no judge. Your deadlines and your options turn on that answer.
The ending is the same either way. Hawaii's foreclosure chapter creates no right to buy the house back. Once the affidavit and conveyance are recorded in a power of sale case, everyone claiming through the mortgagor is forever barred (HRS § 667-33).
How Does Foreclosure Work in Hawaii?
Hawaii forecloses two ways, and most residential mortgage cases now run through the circuit court. A lender using the court route files a foreclosure by action under chapter 667, Part IA. The circuit court "may assess the amount due upon a mortgage" without a jury, then render judgment for that amount and the foreclosure of the mortgage (HRS § 667-1.5).
The alternative is a power of sale foreclosure under Part II, sold at a public sale with no judge. The statute is blunt: "The power of sale process in this part is an alternative to the foreclosure by action in part IA" (HRS § 667-21).
Act 48 of 2011 reshaped the balance. It created a dispute resolution program for owner-occupants and a right to convert a nonjudicial case into a judicial one, and lenders responded by filing in court from the start. The Hawaii State Judiciary reports 652 judicial foreclosure cases filed from January through July 2026, and notes that conversion petitions "ceased to be filed as of August 2011" (Hawaii State Judiciary, July 2026).
A low filing rate and an enormous timeline
Filing volume is modest. In July 2026, 71 Hawaii housing units had a foreclosure filing, one in every 7,999, the 41st highest rate among the states, against one in every 3,603 nationally (ATTOM, July 2026). Duration is another story. Hawaii foreclosures completed in the first half of 2026 averaged 2,293 days in process, second longest in the country, against 563 days nationally (ATTOM, mid-year 2026). That average covers finished cases, so it is not a schedule you can plan around.
The Hawaii Foreclosure Timeline, Stage by Stage
The Hawaii foreclosure timeline in a court case runs complaint, answer, summary judgment, commissioner, public sale, confirmation, then deed. Each stage leaves something to do, and leverage shrinks at every step.
| Stage | Timing and authority | What you can still do |
|---|---|---|
| Default and servicer demand | Before any filing; set by your loan documents | Get written payoff figures; call a counselor |
| Complaint filed in circuit court | Foreclosure by action (§ 667-1.5) | Read the complaint; note the service date |
| Answer due | 20 days after service of the summons and complaint (Hawaii Rules of Civil Procedure 12(a)(1)) | File an answer; a default judgment is harder to undo |
| Summary judgment and decree of foreclosure | The judgment is final and appealable (§ 667-51(a)(1)) | DCCA notes the plaintiff may let you stay while the house is listed |
| Commissioner appointed, open houses held | A court-appointed commissioner takes possession and runs the sale | Coordinate a payoff through the commissioner |
| Public notice of sale | Three weekly publications, sale no sooner than 14 days after the third; or a state website 28 days out (§ 667-20) | Confirm the date, then count backward to your funding deadline |
| Commissioner's public sale | Held on the advertised date; not final until the court acts | A payoff must already have funded |
| Confirmation hearing | Judgment confirming the sale is final and appealable when certified under Rule 54(b) (§ 667-51(a)(2)) | Options are narrow; attorney territory |
| Deed, possession, any deficiency | A deficiency judgment is separately appealable (§ 667-51(a)(3)) | Surplus goes to junior liens in priority order (§ 667-3) |
DCCA tells homeowners that if a commissioner has not yet been appointed, no summary judgment has issued. In that window, the foreclosing plaintiff may allow the owner to stay while the house is listed (DCCA, September 2026). Summary judgment is the real hinge.
The Nonjudicial Path and the 60-Day Cure
A power of sale foreclosure starts with a notice of default and intention to foreclose that must give you at least sixty days to cure. It must state "the date by which the default must be cured, which shall be at least sixty days after the date of the notice" (HRS § 667-22), and it fixes the contents.
- Names and addresses of the mortgagee, mortgagor, and borrower, plus the property description and tax map key.
- An itemized description of the default and delinquent amounts, with estimated fees and costs.
- A statement that the balance comes due if the default is not cured, and that the mortgage will be foreclosed under power of sale.
- Counselor contacts, plus copies of the mortgage and promissory note.
Copies go beyond your mailbox. The notice is also served on prior and junior lien creditors, the state director of taxation, the county director of finance, and DCCA. Before the cure deadline it is recorded, carrying the effect of a notice of pendency of action (HRS § 667-23).
What happens if you cure, and what happens if you do not
Curing ends the action. If the default is cured, or the parties reach an agreement, the lender must rescind the notice within fourteen days, notify everyone served, and record a release (HRS § 667-24).
If the default is not cured and you have not elected to convert, the lender may sell at public sale without going to court. The sale still waits. It takes place on the later of sixty days after the public notice of sale is distributed, or fourteen days after the third newspaper publication (HRS § 667-25). Honolulu sales are held at the state capitol, with state facilities in Hilo, Kailua-Kona, and the Maui and Kauai county seats.
The right to cure runs almost to the end. Under HRS § 667-28, a borrower may cure up to three business days before the sale by paying the amounts owed plus attorney's fees and costs. Sale notices, including those for judicially foreclosed properties, are published through DCCA's notice of public sale portal.
How Does the Right to Convert to a Judicial Foreclosure Work?
An owner-occupant facing a power of sale foreclosure may petition to move the case into court, and the petition is due fast. It must be filed "no later than thirty days after the foreclosure notice is served," for a $250 fee paid into the mortgage foreclosure dispute resolution special fund (HRS § 667-53).
Filing works as a brake. The petition "shall automatically stay the nonjudicial foreclosure action unless and until the judicial proceeding has been dismissed." Within forty-five days, all owner-occupants, mortgagors, and debt obligors must file statements submitting to the court's jurisdiction.
Two exclusions matter. Conversion does not apply where an association is foreclosing its lien, and it is unavailable if you already elected the dispute resolution program. The Hawaii State Judiciary publishes the certified conversion petition, a submission statement for co-owners, form judgments, and a fee-waiver declaration on its conversion page.
The Mortgage Foreclosure Dispute Resolution program
The dispute resolution program is the other Act 48 track, aimed at a worked-out loan rather than a court case. DCCA describes it as a chance for owner-occupants in nonjudicial foreclosure to meet their lender face to face. The goal is to modify the loan or agree to a payment plan within three months (DCCA, September 2026). You must have lived in the house at least 200 days.
The clock is short. DCCA mails a notice once the lender files, and you then have 30 days to submit the participation form and pay a $300 nonrefundable fee. The lender pays $300 too. DCCA opens the case, notifies the parties within 20 days, and schedules the session 40 to 70 days out. The foreclosure is on hold from that notice, and a noncompliant lender faces fines up to $1,500. The backbone is HRS § 667-75, which requires the foreclosure notice to state that participation must be elected within thirty days of the department's mailing or the right is waived.
DCCA is explicit that once you participate in the dispute resolution program, you cannot convert to a judicial foreclosure, so that decision comes first. DCCA's published FAQ also describes a program period running from October 2011 through September 2014, so call the Hawaii Foreclosure Information Center at (808) 586-5970 to confirm what is operating today.
Judicial vs Nonjudicial Foreclosure in Hawaii
The two tracks differ most on who runs the sale and whether a lender can pursue you for a shortfall.
| Feature | Judicial (Part IA) | Nonjudicial power of sale (Part II) |
|---|---|---|
| How it starts | Complaint in circuit court (§ 667-1.5) | Recorded notice of default and intention to foreclose (§§ 667-22, 667-23) |
| Cure window | Set by the loan documents and court schedule | At least 60 days from the notice (§ 667-22); cure until 3 business days before the sale (§ 667-28) |
| Mediation track | A Third Circuit mediation pilot on the Big Island | Dispute resolution program for owner-occupants (§ 667-75; DCCA) |
| Conversion right | Already in court; nothing to convert | Owner-occupant may petition within 30 days for $250 (§ 667-53) |
| Who sells | A court-appointed commissioner, subject to confirmation (§ 667-51) | The foreclosing mortgagee at a public sale (§ 667-25) |
| Sale notice | Three weekly publications, then 14 days (§ 667-20) | Same rules, plus 60 days from distribution (§§ 667-25, 667-27) |
| Deficiency | Contemplated by statute (§ 667-51(a)(3)) | Barred against an owner-occupant unless other collateral secures the debt (§ 667-38) |
| Redemption after sale | No statutory redemption right in chapter 667 | No statutory redemption right; claims barred on recording (§ 667-33) |
Is There a Redemption Period After a Hawaii Foreclosure Sale?
Hawaii's foreclosure chapter does not give the former owner a statutory right to buy the house back after a mortgage foreclosure sale. The nonjudicial side spells out the consequence. Recording of the affidavit and conveyance document happens between ten and forty-five days after the sale. At that point "all persons claiming by, through, or under the mortgagor" are "forever barred" from any right, title, or claim (§ 667-33). The purchaser gets immediate possession, and an owner still there is a tenant at sufferance.
The judicial side arrives at the same place through finality rules. A judgment confirming the sale is final and appealable once certified under Rule 54(b), and an appeal from a deficiency judgment cannot "affect the finality of the transfer of title" (HRS § 667-51).
Surplus proceeds do not simply come back to you either. After the foreclosed mortgage is paid, the surplus "shall be applied pro tanto to the next junior mortgage or lien, and so on" (HRS § 667-3). A second mortgage or association lien is paid first.
Six Ways to Stop Foreclosure in Hawaii
Six paths realistically end a Hawaii foreclosure before the sale, depending on whether your income can carry the loan.
If you want to keep the house
- Reinstate or cure the default. Paying the delinquency, fees, and costs restores the loan, and in a nonjudicial case that right runs until three business days before the sale (§ 667-28).
- Negotiate a modification or repayment plan. DCCA notes many servicers run in-house programs with varying rules. A HUD-approved counselor prepares the package at no cost.
- File bankruptcy. A petition triggers the automatic stay, and a Chapter 13 plan can cure arrears over time. Speak with a Hawaii bankruptcy attorney first.
If keeping it is not realistic
- Deed in lieu of foreclosure. Handing the house back ends the case, but returns nothing for the equity you built.
- Short sale. If the balance exceeds the value, the lender must approve a sale below the payoff, and DCCA warns it may still hold the seller responsible for the deficiency.
- Sell outright before the sale. A full payoff at closing removes the lender's claim, and anything above it stays with you.
Selling Before the Commissioner's Sale
Selling stops a Hawaii foreclosure because a full payoff at closing satisfies the debt, and it is usually the only exit that preserves equity. Hawaii's own consumer agency says so plainly. Selling is "a very viable option that may enable a homeowner to save the equity in the home (or at least escape without owing a deficiency)" (DCCA, September 2026).
Hawaii equity is rarely small. The statewide Zillow Home Value Index read $833,877 as of July 31, 2026, up 0.5% year over year (Zillow ZHVI, July 2026). On Oahu, the single-family median rose 12.2% year over year in August 2026, at a median 17 days on market. The condo median was $510,000, down 1.0%, at 37 days (Honolulu Board of Realtors, August 2026, via List Sotheby's International Realty).
The constraint is funding time, not price. A financed buyer brings an appraisal, an underwriter, and an inspection, and any of the three can push a closing past the sale date. Older single-wall houses, cesspools facing the 2050 mandate, and Oahu leasehold land add friction a lender's calendar does not forgive.
A cash sale takes underwriting and appraisal off the calendar, so it can close in as few as 7 days. Propcash is a direct cash homebuyer, founded in 2026 and based in Nashville, and buys houses itself. Sellers pay no fees, the house is bought as-is, and you pick the closing date.
Propcash makes one transparent, data-backed offer and shows how it got to the number. You can get a cash offer on your Hawaii house in about two minutes, and the Propcash Promise is that the offer stands, with no aggressive follow-up. Hawaii's seller-paid conveyance tax under HRS chapter 247 comes out of proceeds either way.
Honest framing matters. If summary judgment is months away and the house shows well, listing with a Hawaii agent may net you more. If the sale date is close or repairs would eat the difference, a direct sale is often the only path that funds in time. Our Hawaii cash home buyer page and the foreclosure situation page cover what happens next.
Pull your payoff figure and your sale date first, then look at value. For Oahu price context, see the Honolulu housing market in 2026. If the house came out of an estate, read selling an inherited house in Hawaii, because a personal representative must be appointed before anyone can deed it. Cesspool status, lava zone, and leasehold terms are disclosable, as our guide to Hawaii seller disclosure requirements covers.
Where Hawaii Homeowners Get Free Help
Free foreclosure help exists in Hawaii, and none of it asks for money up front. The state's Hawaii Foreclosure Information Center, housed in DCCA's Office of Consumer Protection, publishes homeowner options, scam warnings, and the sale notice portal at (808) 586-5970.
HUD-approved housing counseling is free. The CFPB counselor directory finds agencies by ZIP code, and HUD maintains the approved list. For legal help, the Legal Aid Society of Hawaii serves low-income residents statewide, with intake at 808-536-4302 on Oahu and 1-800-499-4302 from the neighbor islands.
One sanity check on any offer of help. DCCA warns that modification scams are common and that you never have to pay a fee for modification help. Never deed the house to someone who promises to cure the default and rent it back to you.
Hawaii gives you a long runway on paper and a hard stop at the end. Pull the complaint or the notice of default, write every deadline on a calendar, and count backward from the sale date. Propcash can often provide a cash offer within 24 hours, and will say plainly if another path serves you better.
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Let's chatFrequently Asked Questions
How long does foreclosure take in Hawaii?
Longer than almost anywhere else. Hawaii foreclosures completed in the first half of 2026 averaged 2,293 days in process, second longest in the country against 563 days nationally (ATTOM, mid-year 2026). That average covers finished cases, so it describes a backlog rather than a schedule. An uncontested case moves far faster once the lender seeks summary judgment.
Can I sell my house after a Hawaii foreclosure case is filed?
Yes. You hold title until the sale closes and the court confirms it, so you can sell and pay the loan off at closing. Hawaii's Department of Commerce and Consumer Affairs states that selling may enable a homeowner to save the equity in the house, or at least escape without owing a deficiency. The limit is funding time, because the payoff must reach the lender before the sale date.
What is the 60-day cure period in a Hawaii nonjudicial foreclosure?
It is the minimum deadline in the notice of default and intention to foreclose, which must state a cure date at least sixty days after the date of the notice (HRS § 667-22). If you cure by then, the lender must rescind the notice within fourteen days and record a release (HRS § 667-24). The right to cure runs up to three business days before the public sale (HRS § 667-28).
Can I convert a nonjudicial foreclosure to a judicial one in Hawaii?
An owner-occupant in a power of sale foreclosure may petition to convert the action no later than thirty days after the foreclosure notice is served, for a $250 fee (HRS § 667-53). Filing automatically stays the nonjudicial action unless the judicial proceeding is dismissed. Conversion is unavailable where an association is foreclosing its lien, or where you already elected the dispute resolution program.
Is there a redemption period after a Hawaii foreclosure sale?
Hawaii's foreclosure chapter gives the former owner no statutory right to buy the house back after a mortgage foreclosure sale. In a power of sale case, recording the affidavit and conveyance document forever bars everyone claiming through the mortgagor (HRS § 667-33). In a court case the judgment confirming the sale is treated as final, and an appeal from a deficiency judgment does not affect the transfer of title (HRS § 667-51).
Can my lender come after me for the balance after a Hawaii foreclosure?
It depends on the track. After a completed nonjudicial foreclosure of residential property, a mortgagee may not pursue a deficiency judgment against an owner-occupant unless the debt is secured by other collateral (HRS § 667-38). That protection is written for nonjudicial cases, so it does not by its terms cover a foreclosure by action, where HRS § 667-51 contemplates a deficiency judgment.
What is Hawaii's Mortgage Foreclosure Dispute Resolution program?
It is a state program created by Act 48 in 2011 that lets owner-occupants in nonjudicial foreclosure meet their lender directly to modify the loan or agree to a payment plan. DCCA states that the owner-occupant has 30 days after its notice is mailed to file the participation form and pay a $300 nonrefundable fee. The lender pays $300 too, and the foreclosure is on hold once a case opens. Electing the program gives up the right to convert, so confirm availability with DCCA first.
Propcash is a direct cash homebuyer, not a law firm and not a licensed brokerage. Hawaii deadlines are strict and practice varies by circuit, so read your own file and speak with a Hawaii-licensed attorney. The statutes here were read on codes.findlaw.com in September 2026, and the program details on cca.hawaii.gov and courts.state.hi.us.