Foreclosure in Hawaii: your timeline, rights, and how to stop it
Hawaii uses a both (judicial & non-judicial) foreclosure process. Below is the typical timeline, the notices you should get, your cure and reinstatement options, and whether a lender can come after you for a shortfall — with every figure tied to a source. None of this is legal advice; confirm your own case with a HUD-approved counselor or a Hawaii attorney.
How fast foreclosure moves in Hawaii
Method: Both (judicial & non-judicial). Both judicial (foreclosure by action, HRS 667-1.5 et seq.) and nonjudicial (power of sale, HRS 667-21 et seq.) foreclosure methods are available for residential properties. Nonjudicial was historically the predominant method, but lenders increasingly use judicial foreclosure to avoid the mandatory Mortgage Foreclosure Dispute Resolution Program (MFDR) that applies only to nonjudicial foreclosures of residential owner-occupied properties.
Typical state-process time to sale: varies by case — see the notes below. Nonjudicial foreclosure minimum is approximately 60+ days from notice of default (which must allow 60 days to cure per HRS 667-22) plus 21 days property posting requirement plus 14 days after third weekly publication (per HRS 667-27). The overall typical timeline is approximately 220 days. Judicial foreclosure timeline varies based on court proceedings.
Before any of this: Under Reg X (12 CFR 1024.41(f)), a servicer generally cannot make the first foreclosure filing until the borrower is more than 120 days delinquent. This applies in every state, on top of the state process below.
Cure, reinstate, redeem
Right to cure: Yes (60 days). Borrower has at least 60 days after notice of default and intention to foreclose to cure the default (HRS 667-22, 667-55). Additionally, borrower may cure up to 3 business days before the public sale by paying all delinquent amounts, attorney fees, costs, and other foreclosure-related fees and costs (HRS 667-27).
Reinstatement: Yes (60 days). In nonjudicial foreclosure, borrower may reinstate the loan and stop foreclosure by paying all past-due payments plus attorney fees and costs up to 3 business days before the sale. The reinstatement right arises from the 60-day notice period requirement in HRS 667-22 and must be exercised by 3 business days before sale per HRS 667-27 and 667-28(d). In judicial foreclosure, reinstatement rights depend on mortgage terms but are not guaranteed by statute.
Post-sale redemption: No. Hawaii law does not provide a post-sale redemption right for either judicial or nonjudicial foreclosures. Once the foreclosure sale is completed, the former owner cannot reclaim the property.
Can a lender still come after you? (deficiency)
Deficiency judgment: Barred, but limited in Hawaii. Deficiency judgments are PROHIBITED after nonjudicial foreclosure if the property is residential and owner-occupied, unless the debt is secured by collateral other than the residential property itself (HRS 667-38). Deficiency judgments are generally allowed in judicial foreclosures under HRS 667-1.5. The deficiency is calculated against fair market value rather than sale price.
Deadline: For judicial foreclosure deficiency judgments, the general 20-year statute of limitations for real property actions applies per Hawaii case law. The personal note obligation itself is governed by a 6-year statute of limitations, but the mortgage remedy is governed by 20 years (HRS 657-1 establishes the 6-year period; Hawaii case law establishes the 20-year period for the real property remedy).
This is condition-specific (a primary residence or a purchase-money loan can change the answer). Confirm with a Hawaii attorney before assuming you are or aren't on the hook.
What you should receive — and where to get help
Notices: Written notice of default and intention to foreclose must be served and include a cure date at least 60 days after the notice (HRS 667-22). For residential property, additional statement required in not less than 14-point font informing owner-occupants of right to convert to judicial foreclosure (HRS 667-55). Notice of sale must be published once each week for three consecutive weeks (three publications) in newspaper or online at least 28 days before sale. Property must be posted with notice at least 21 days before sale (HRS 667-27). The sale may occur no sooner than 14 days after the third publication, or later of 60 days after first publication or 14 days after third publication.
Mediation: Available. The Mortgage Foreclosure Dispute Resolution (MFDR) Program is available for owner-occupants of residential property in nonjudicial foreclosures. Participation is voluntary (by owner-occupant election) under Hawaii law and Part V of HRS Chapter 667. Owner-occupants may elect to participate to meet with lender and attempt to modify loan or arrange payment plan to prevent foreclosure. If owner-occupant elects to participate in MFDR, they cannot subsequently convert to judicial foreclosure. Program operates through the Department of Commerce and Consumer Affairs, Office of Administrative Hearings. Contact: (808) 586-2886 or oah@dcca.hawaii.gov. Online filing portal: https://mfdr.ehawaii.gov/mfdr/
How we verified this Hawaii page
- Hawaii Revised Statutes § 667-22 (Notice of default and intention to foreclose) — source
- Hawaii Revised Statutes § 667-27 (Public notice of sale) — source
- Hawaii Revised Statutes § 667-38 (Deficiency judgment against owner-occupant prohibited) — source
- Hawaii Revised Statutes § 667-1.5 (Foreclosure by action) — source
- Hawaii Revised Statutes § 667-21 (Alternate power of sale process) — source
- Hawaii Revised Statutes § 667-55 (Notice of default for residential property) — source
- Nolo - Hawaii Foreclosure Process: Laws & Homeowner Rights — source
- Hawaii Mortgage Foreclosure Dispute Resolution Program — source
- Hawaii Government - MFDR Program Portal — source
- Hawaii DCCA - Foreclosure Information Center — source
- Hawaii Revised Statutes § 657-1 (Statute of limitations) — source
Last reviewed 2026-06-08 by Shirley Chia. Foreclosure law changes; we re-check each state on a schedule. This page is general information, not legal advice for your situation — confirm with a HUD-approved housing counselor (free) or a licensed Hawaii attorney.