In short
Hawaii allows foreclosure by court action and non-judicial foreclosure by power of sale under HRS chapter 667, according to the state’s Department of Commerce and Consumer Affairs (DCCA). Owner-occupants in non-judicial foreclosure have had access to a DCCA dispute program: a session held 40 to 70 days after notice, for a $300 fee per side (DCCA FAQ, written in 2011).
Judicial or non-judicial?
Both exist. DCCA’s public-sale notice page names three routes in chapter 667: foreclosure by action (judicial, § 667-20), power of sale (non-judicial, § 667-27) and the “Association Alternate Power of Sale” process for associations (§ 667-96). Notices of public sale can be published on DCCA’s site for $300 per notice.
In 2011, Act 48 let a qualified owner-occupant ask a court to convert a non-judicial foreclosure into a judicial one, and the Hawaii Supreme Court issued rules for that conversion. The Judiciary says Act 182 (2012) later amended those provisions. We have not read the current text of chapter 667, because the Legislature’s website would not open for our review, so confirm today’s rules with a Hawaii attorney or DCCA.
What DCCA’s program description says
DCCA’s Mortgage Foreclosure Dispute Resolution (MFDR) FAQ describes these steps. The FAQ dates from the program’s 2011 launch and still shows an original end date of September 30, 2014, so ask DCCA at (808) 586-2886 whether the program applies to you today.
| Step | What the FAQ says |
|---|---|
| Lender files | Notice of non-judicial foreclosure goes to DCCA with a $250 filing fee |
| DCCA notice | DCCA sends the owner-occupant information and a participation form |
| Owner decides | 30 days after DCCA mails its notice to return the form and pay $300; the lender also pays $300 |
| Eligibility | Owner-occupant who has lived in the home at least 200 days |
| Session | DCCA notifies the parties within 20 days; session held 40 to 70 days later unless all agree to another date |
| During the case | Foreclosure is on hold from DCCA’s written notice of the case |
| Outcome | Agreement ends the foreclosure; no agreement lets it continue |
| Penalties | Fines up to $1,500 for a lender that does not comply |
Choosing the program has a cost: the FAQ says that once you participate, you cannot convert to a judicial foreclosure. Condominium owners are excluded when their own association is foreclosing on assessments.
Redemption and deficiency judgments
We did not read a source in time that states Hawaii’s right of redemption or the rules for a deficiency judgment, so we do not state them. DCCA’s homeowner page notes that a short sale may leave the seller responsible for the deficiency, and that a second-mortgage holder may also pursue one. A tax advisor can explain the income-tax effects of a short sale.
Help for homeowners in default
- Call the lender first. DCCA lists options: loan modification, refinance, reinstatement, forbearance, a repayment plan, fee waivers, a short sale, or selling the home.
- HUD-approved counselors. DCCA points to HUD’s list of approved Hawaii counselors; DCCA says housing counseling is free through Hawaii agencies.
- Scams. DCCA says it is illegal for anyone to take money from you before doing the work on a foreclosure or credit problem. File complaints with DCCA’s Office of Consumer Protection.
- Tenants. DCCA notes the federal Protecting Tenants at Foreclosure Act gives renters 90 days’ notice before eviction.
- Big Island. The Judiciary reports a mediation pilot in the Third Circuit for owner-occupants served with a foreclosure action; call (808) 961-7440.
See also do you need an attorney and our guide to capital gains.
Frequently asked questions
Is foreclosure judicial or non-judicial in Hawaii?
Both. DCCA names foreclosure by action and power-of-sale foreclosure as processes under chapter 667.
How long does foreclosure take in Hawaii?
We did not find a current official timeline, so we do not give one. The DCCA program fixes a session 40 to 70 days after notice, but the whole process is longer.
Can I stop a non-judicial foreclosure?
DCCA’s program was designed to pause it while owner-occupants meet the lender. Check current eligibility with DCCA, and talk to a housing counselor or attorney first.
Where do I find free help?
Start with a HUD-approved counselor listed by DCCA, or the legal aid and referral lines on the Judiciary’s foreclosure page.
Do renters have rights if their landlord’s home is foreclosed?
Yes. DCCA cites the federal Protecting Tenants at Foreclosure Act and its 90-day eviction notice.
Compare with the other states: Foreclosure by state.
More Hawaii guides
- Closing costs in Hawaii: what buyers and sellers pay
- Hawaii conveyance tax: rates, who pays and an example
- Honolulu property tax: the $3.50 rate and the home exemption
- What must a home seller disclose in Hawaii?
- Do you need a real estate attorney to close in Hawaii?
- Home prices in Hawaii and Honolulu: median value and trend
- First-time home buyer programs in Hawaii: HHFDC and Honolulu
- How to verify a real estate license in Hawaii
- Hurricane, flood and lava insurance in Hawaii: what buyers need
Sources
- Notice of Public Sale Information, Foreclosure Information Center (Hawaii DCCA) (consulted October 13, 2026)
- Mortgage Foreclosure Dispute Resolution (MFDR) Program and FAQs (Hawaii DCCA) (consulted October 13, 2026)
- Frequently Asked Questions, Foreclosure Information Center (Hawaii DCCA) (consulted October 13, 2026)
- Facing Foreclosure (Hawaii DCCA) (consulted October 13, 2026)
- Homeowner Options (Hawaii DCCA) (consulted October 13, 2026)
- Mortgage Foreclosures (Hawaii State Judiciary) (consulted October 13, 2026)