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Hawaii

Hawaii Revised Statutes § 667-1. Both foreclosure state.

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Judicial Type

Both

Redemption

No statutory post-sale redemption. The borrower may cure the

Deficiency

After non-judicial foreclosure: deficiency is PROHIBITED for

Mediation

Mortgage Foreclosure Dispute Resolution Program (MFDRP): sta

Statute Citation

Haw. Rev. Stat. §§ 667-1 to 667-108

Redemption Period

No statutory post-sale redemption. The borrower may cure the default up to 3 days before the sale (non-judicial) by paying the full amount in default plus fees and costs.

Deficiency Judgment Rule

After non-judicial foreclosure: deficiency is PROHIBITED for residential property (Haw. Rev. Stat. § 667-105). After judicial foreclosure: deficiency permitted with fair value offset. Most residential foreclosures are non-judicial (no deficiency).

Notice Requirements

Hawaii significantly reformed its non-judicial foreclosure process in 2012 (Act 182). Notice of default must be served personally or by certified mail. A public sale notice must be published 3 times (once per week for 3 weeks). Notice must include option to convert to judicial foreclosure.

Mediation Program

Mortgage Foreclosure Dispute Resolution Program (MFDRP): state-funded mediation for owner-occupied residential properties. Mediation must be requested after notice of default.

Key Provisions

  • 2012 foreclosure reform (Act 182) materially strengthened borrower protections
  • Non-judicial and judicial alternatives — borrower can request conversion to judicial
  • Non-judicial foreclosure: no deficiency for residential properties
  • Cure period extends to 3 days before sale
  • Personal or certified mail service required — constructive notice insufficient

Homeowner Protections

  • No deficiency after non-judicial foreclosure of residential property (strong anti-deficiency)
  • MFDRP mediation program for owner-occupants
  • Borrower can convert non-judicial to judicial foreclosure — gaining court oversight
  • Strict notice requirements (personal/certified mail, triple publication)
  • Right to cure up to 3 days before sale

Frequently Asked Questions

What did Hawaii's 2012 foreclosure reform change?+
Act 182 (effective 2012) fundamentally reformed Hawaii's non-judicial foreclosure process: (1) requires personal service or certified mail notice, (2) requires the notice of default to include a clear statement of borrower's right to mediation and right to convert to judicial foreclosure, (3) creates the Mortgage Foreclosure Dispute Resolution Program (MFDRP) for owner-occupied properties, (4) extends the cure period, and (5) strengthens deficiency protections. Before 2012, Hawaii had one of the least consumer-protective foreclosure processes in the nation (lenders could foreclose quickly with minimal notice). After Act 182, Hawaii's process is among the most balanced.
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