Hawaii Foreclosure Law

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Hawaii Foreclosure Laws

Typical Hawaii Foreclosure Time Frame – The typical length of foreclosure process is 60 days.

Judicial Foreclosure – Yes

Non-Judicial Foreclosure – Yes

Types of Security Instruments – Mortgage and Deed of Trust

Right of Redemption Period – No

Hawaii foreclosure laws require the lender to sue the borrower in order to obtain a judicial order allowing for a judicial foreclosure.  This is only able to be used in the event that a Power of Sale stipulation or clause is not included in the mortgage contract or the deed of trust. 

In a non-judicial foreclosure Hawaii foreclosure law states that the clause must authorize the lender to sell the property in order to recover the balance due on the loan if the loan should go into default.  In the event that the power of sale clause includes information about specific time, place and exact terms of the sale then the procedure must be followed exactly.

In the event of the absence of the information set forth, the Hawaii non-judicial foreclosure laws state that a Notice of Default and Intent to Foreclose must be mailed to the borrower and anyone else listed as lien holders.  In addition, a notice must also be published at least once a week in the public newspaper for the county in which the property is physically located for a minimum of three consecutive weeks.  The final publication must be made at least 14 days before the scheduled date of sale.

A notice of the default must also be mailed to the State Director of Taxation and also the Director of Finance that has jurisdiction over the county where the property is located.  The notices by Hawaii foreclosure law can include the times and dates of up to two open houses to be held at the property being foreclosed, however if no open houses are scheduled it must state none are scheduled on the notice.

According to Hawaii foreclosure law, the borrower has time to correct the default prior to the sale of the home; however, this must be done no less than three business days before the date of the sale.  The public auction is required by Hawaii foreclosure law to be held at the exact time and place that is listed in the notice.  However, in the event that a postponement is necessary, the representative of the lender must make a public announcement stating the postponement and giving the next date and time of the sale

For more information on Hawaii foreclosure laws click here.

 

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The information found on this site is not intended to be legal advice. The foreclosure process is highly case specific and laws vary throughout the United States. Please seek professional legal counsel before entering into any contract regarding any real property or stopping the foreclosure on any real property. By using this site you consent to the terms posted here.