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