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Facing Foreclosure in Hawaii?

You have more time and more options than you think. Hawaii uses judicial (circuit court action) foreclosure with a typical timeline of 210 days. This guide explains what's happening and what to do.

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Hawaii Foreclosure Facts

Foreclosure Type
Judicial (Circuit Court action)
Typical Timeline
210 Days
From first notice to sale
Redemption Period
Pre-Sale Only
Cure before sale only
Deficiency Judgment
Limited
FMV credit required
Right to Cure
Until Sale
Pay arrears to stop process
Mandatory Mediation
Required
Mortgage Foreclosure Dispute Resolution

Hawaii ranks 47th in the nation for financial distress, with a State Distress Index score of 37.9 (Healthy). The state's bankruptcy filing rate is 83 per 100,000 residents. Credit card delinquency stands at 10.17%. If you're struggling, you're not alone.

Source: Hawaii Financial Distress Profile — American Default Research, updated 2026-04-16

Most Distressed Counties

County Score Zone
Hawaii County 46.1 Normal
Maui County 44.1 Normal
Honolulu County 42.0 Normal
Kauai County 37.5 Normal
Kalawao County 32.4 Healthy

All 5 counties in Normal or Healthy zones.

See all 5 Hawaii counties →

Hawaii Foreclosure Timeline

Hawaii's judicial process gives you more time than most states. Federal law protects you for the first 120 days.

Day 1–36
Missed payment. Your servicer must attempt to contact you by Day 36 to discuss options. Federal law (Regulation X).
Day 37–45
Written notice required. Your servicer must send written notice of loss mitigation options by Day 45. You can still apply for help.
Day 45–120
Protected period. Federal law prohibits your lender from starting foreclosure until Day 120. This is your window to apply for a loan modification or forbearance.
Day 120+
Foreclosure can begin. If you've received a Notice of Default, you're here. In Hawaii, the lender must give you 60 days' written notice and follow state-specific publication requirements. You still have options — see what you can do.
Day 180–270
Foreclosure sale. The property is sold at public auction, typically at the county courthouse. The lender often buys it back.
After sale
No post-sale redemption. Hawaii does not offer a post-sale redemption period. Once the sale is confirmed, the property transfers to the new owner. This makes it even more important to act before the sale date.

For a personalized timeline based on your last payment date, use our Foreclosure Timeline Calculator.

Your Rights Under Hawaii Law

Right to Cure You can cure the default and reinstate the loan at any time before the foreclosure sale by paying all past-due amounts, fees, and costs. The Part II 60-day pre-foreclosure notice period plus the dispute resolution process (if elected) give you a meaningful window. HRS § 667-21 et seq.; HRS § 667-1 to 667-4; 12 CFR 1024.41
Right to Reinstate Before the foreclosure sale. The Part II process provides a longer window than many non-judicial states due to the 60-day pre-foreclosure notice and optional dispute resolution. HRS § 667-21 et seq.; HRS § 667-1 to 667-4
Federal
Dual Tracking Prohibition Federal law (CFPB Regulation X) prohibits servicers from advancing foreclosure while reviewing a loss mitigation application. 12 CFR 1024.41; HRS § 667-71 to 667-86
Federal
Loss Mitigation Review Federal CFPB Regulation X requires servicers to complete a loss mitigation review before foreclosure referral. Hawaii's Part II dispute resolution program provides an additional mandatory opportunity for loss mitigation evaluation — the lender must offer dispute resolution, and if the borrower elects it, the lender must participate in good faith. 12 CFR 1024.41; HRS § 667-71 to 667-86
Federal
Pre-Foreclosure Contact Federal CFPB rules require servicer pre-foreclosure outreach. Hawaii's Part II pre-foreclosure notice (HRS § 667-22) adds a state-specific requirement: written notice at least 60 days before filing the Notice of Intent, including information about the dispute resolution program. 12 CFR 1024.41; HRS § 667-22

Mediation & Dispute Resolution in Hawaii

Mortgage Foreclosure Dispute Resolution Program

Administered by the DCCA. Borrower has 30 days from receiving the pre-foreclosure notice to elect participation. A neutral facilitator is assigned.

Applies to: Mandatory offer for all non-judicial Part II foreclosures of owner-occupied residential properties; voluntary for judicial foreclosures

Program details
HRS § 667-71 to 667-86

Your Options in Hawaii

Every situation is different, but most Hawaii homeowners have more options than they realize. Here are the paths available to you, from keeping your home to making a clean exit.

Can I keep my home?

Yes, if you act early enough. A loan modification permanently changes your mortgage terms to make payments affordable. Your servicer is required to evaluate you for one if you submit a complete application more than 37 days before a scheduled sale.

Forbearance gives you a temporary payment pause. It doesn't erase what you owe, but it buys time if your hardship is short-term. In Hawaii, forbearance available through servicer and federal programs (Fannie/Freddie/FHA/VA/USDA). Given Hawaii's high monthly mortgage payments, even temporary forbearance can provide significant relief. Reinstatement means paying everything you owe (missed payments plus fees) to bring the loan current.

Filing for Chapter 13 bankruptcy triggers an automatic stay that halts foreclosure immediately. You can catch up on missed payments over 3-5 years while keeping your home. The bankruptcy filing rate in Hawaii is 83 per 100,000 residents.

Hawaii also requires mediation through the Mortgage Foreclosure Dispute Resolution Program before your lender can proceed with foreclosure.

What if I can't keep my home?

Selling before foreclosure gives you control over the process and protects your credit score. A short sale lets you sell for less than you owe with lender approval. A deed in lieu of foreclosure transfers the property directly to the lender.

If you sell through a short sale in Hawaii, you can negotiate a deficiency waiver as part of the approval. Short sales require servicer approval.

A deed in lieu of foreclosure in Hawaii transfers the property directly to the lender. Deed in lieu of foreclosure available with servicer approval and clear title.

Hawaii limits deficiency judgments — your lender's ability to pursue you for the balance is restricted by state law.

A distressed property specialist can help

An agent who works with distressed sellers in Hawaii can negotiate with your lender, manage the short sale process, and help you walk away with your credit intact. The earlier you start, the more leverage you have.

Talk to one for free

My sale date is within 30 days

You still have options, but you need to move fast.

File for bankruptcy. A Chapter 13 filing triggers an automatic stay that stops the sale immediately. Talk to a bankruptcy attorney today.

Submit a loss mitigation application. If you haven't already, a complete application received more than 37 days before the sale forces your servicer to review it before proceeding.

Call a HUD counselor now. They can contact your servicer on your behalf and may be able to delay the sale. Call 1-800-569-4287.

Request mediation. Hawaii's Mortgage Foreclosure Dispute Resolution Program can give you additional time. Learn more.

Financial Assistance in Hawaii

Hawaii HomeOwner Assistance Fund

Limited Funds
Administered by Hawaii Housing Finance and Development Corporation (HHFDC)
Apply Visit program website

Funds are limited and may run out. Apply as soon as possible or contact Hawaii Housing Finance and Development Corporation (HHFDC) to check availability.

Other Hawaii Programs

Hawaii HUD-Approved Housing Counseling

Free foreclosure prevention counseling through HUD-approved agencies across the Hawaiian Islands; services include loss mitigation assistance, servicer negotiation support, dispute resolution preparation, and legal referrals — critical for navigating the Part II dispute resolution process

Visit website

Legal Aid Society of Hawaii

Free civil legal assistance for low-income Hawaii residents facing foreclosure; offices on Oahu, Maui, Big Island, and Kauai; can represent borrowers in dispute resolution proceedings, challenge foreclosure procedures, and defend against deficiency judgments

Visit website

Volunteer Legal Services Hawaii

Pro bono legal assistance connecting low-income individuals with volunteer attorneys for foreclosure-related legal issues including dispute resolution representation and judicial foreclosure defense

Visit website

Hawaii Housing Finance and Development Corporation (HHFDC)

State housing finance authority providing homeownership programs, mortgage assistance, and counseling referrals; administers HAF and other homeownership preservation programs; oversees affordable housing development statewide

Visit website

Hawaii HomeOwnership Center

Nonprofit HUD-approved housing counseling agency providing free pre-purchase and foreclosure prevention counseling; offices on Oahu with statewide services; specializes in helping Hawaii residents navigate the state's high-cost housing market

Visit website

After the Sale in Hawaii

Eviction Notice
90 Days (Federal)
Court order required for removal
Surplus Funds
You can claim
Surplus proceeds from the foreclosure sale (above the debt, costs, and junior liens) belong to the former owner.
Cash for Keys
Commonly offered
Voluntary relocation assistance sometimes offered by purchasers to expedite possession.

After the foreclosure sale, the purchaser may file for eviction to obtain possession. The former owner is not entitled to any post-sale redemption period. The federal Protecting Tenants at Foreclosure Act (PTFA) requires at least 90 days' notice for bona fide tenants in any state.

Protect yourself from scams

People in financial distress are prime targets for fraud. Know these rules:

⚠
Never pay an upfront fee for help. Advance fees for mortgage or debt assistance are illegal in most states. If anyone asks for money before doing anything, walk away.
⚠
HUD-approved counseling is always free. Call 1-800-569-4287 or visit the CFPB counselor finder. If someone charges for what HUD counselors do for free, it's a scam.
⚠
Never sign over your deed without an attorney. "Equity stripping" and "sale-leaseback" scams trick homeowners into transferring their title. You could lose your home permanently.
⚠
Your servicer must evaluate you for loss mitigation. Under federal rules (Regulation X), servicers cannot start foreclosure until you're 120+ days delinquent, and must review your application before proceeding. If a company claims only they can "save" your home, verify through your actual servicer.

Report fraud: CFPB · FTC · your state attorney general's office.

How It Works

1
Tell us your situation

Answer a few questions about where you are in the process. Takes 60 seconds.

2
We review your options

A local professional reviews your situation based on Hawaii law and your servicer's track record.

3
You get a plan

You receive a personalized action plan with next steps. No upfront fees. No obligation.

Foreclosure Timeline Calculator

See exactly when each step of Hawaii's foreclosure process happens based on your last payment date.

Hardship Letter Generator

Write a loss mitigation request to your mortgage servicer. Pre-formatted with your situation details.

Get a Free, Confidential Review of Your Options in Hawaii

A HUD counselor, attorney, or distressed property specialist in Hawaii can review your specific situation. Many at no cost.

We never charge upfront fees. We never sell your information.

Thank you. A local professional will review your situation and be in touch. In the meantime, visit our free directory to find HUD-approved counselors and legal aid in Hawaii.

We connect you with HUD-approved counselors, legal aid, and distressed property specialists. We do not sell your information.

Free Resources in Hawaii

HUD-Approved Counselors

16 certified agencies in Hawaii provide free foreclosure prevention counseling. They can negotiate with your servicer on your behalf.

Find a counselor near you

Legal Aid

Legal Aid Society of Hawaii provides free legal help to low-income residents facing foreclosure, eviction, and debt collection.

Find legal aid

Hawaii State Bar Association Lawyer Referral and Information Service (LRIS)

The Hawaii State Bar Association Lawyer Referral and Information Service (LRIS) can connect you with a foreclosure defense attorney. Initial consultations are often free or low-cost.

Find an attorney

Hawaii Foreclosure Law

Detailed guide to Hawaii's foreclosure statutes, homeowner protections, and redemption rights. Every claim cited to its source statute.

Read Hawaii foreclosure law

File a Complaint

File a complaint about your mortgage servicer with the Consumer Financial Protection Bureau.

CFPB complaint portal

Frequently Asked Questions

How long does foreclosure take in Hawaii?

Hawaii uses judicial (circuit court action) foreclosure. The process typically takes 210 days from the first notice to the sale date. Federal law (Regulation X) prohibits lenders from starting foreclosure until Day 120 of delinquency.

Can I stop foreclosure once it starts in Hawaii?

Yes. You have several options: (1) Reinstatement — pay all missed payments plus fees to bring your loan current. (2) Loan modification — your servicer must review a complete application received more than 37 days before a scheduled sale. (3) Forbearance — temporary payment pause. (4) Bankruptcy — triggers an automatic stay that halts the sale immediately. (5) Short sale — sell the property before the lender does.

Does Hawaii require mediation before foreclosure?

Yes. Hawaii offers the Mortgage Foreclosure Dispute Resolution Program, which can be requested by the homeowner. Mediation gives you a chance to negotiate directly with your lender under the supervision of a neutral third party. This can result in loan modifications, payment plans, or other alternatives to foreclosure.

Does Hawaii allow deficiency judgments?

Hawaii limits deficiency judgments. Your lender's ability to pursue you for the remaining balance is restricted by state law. Requirements may include fair market value credits or time limitations. See our Hawaii foreclosure law guide for specific details.

Is foreclosure counseling free in Hawaii?

Yes. There are 16 HUD-approved counseling agencies in Hawaii. Call 1-800-569-4287 for a free referral. HUD counselors can negotiate with your servicer on your behalf at no cost to you. Find one near you.

What is the homestead exemption in Hawaii?

Hawaii's homestead exemption is $30,000. Important: this exemption does not protect your home from mortgage foreclosure. It only protects equity from unsecured creditors like credit card companies. It will not stop or slow a foreclosure.

What if I have an FHA, VA, or USDA loan in Hawaii?

Government-backed loans have additional protections beyond Hawaii state law. FHA loans require a face-to-face meeting attempt before foreclosure. VA loans require the servicer to explore all alternatives. USDA loans have their own loss mitigation process. These protections generally extend the timeline beyond the state minimums.

What happens to tenants if my Hawaii home is foreclosed?

Federal law (the Protecting Tenants at Foreclosure Act) gives tenants with valid leases at least 90 days' notice before they must vacate after a foreclosure sale. Federal PTFA gives tenants with bona fide leases 90 days' notice after the foreclosure sale. If you rent out the property, notify your tenants as soon as possible and advise them to document their lease.

Can I claim surplus funds after a foreclosure sale in Hawaii?

Yes. If your Hawaii home sells at auction for more than the total owed (including fees and costs), you have the right to claim the difference. Contact the county clerk, court, or trustee who conducted the sale. These funds can be significant — don't assume nothing is left.

Is the Homeowner Assistance Fund still available in Hawaii?

Funds are limited. The Hawaii HomeOwner Assistance Fund is winding down and may close soon. Check current availability at the program website. Apply immediately if you need help — these funds are first-come, first-served.

Can I do a short sale to avoid foreclosure in Hawaii?

Yes. In Hawaii, you can negotiate a deficiency waiver as part of a short sale approval. Short sales require servicer approval. Get the waiver in writing before closing. A HUD-approved counselor can help negotiate the terms.

More Hawaii Data

Hawaii Distress Profile

State ADI score of 37.9 (Healthy), ranked 47th nationally. Debt, bankruptcy, safety net data.

Hawaii Foreclosure Laws

Complete legal reference with governing statutes, process steps, and homeowner protections.

Hawaii County Profiles

All 5 Hawaii counties scored and ranked by the County Distress Index.

National Foreclosure Guide

Federal rights, step-by-step process, and help resources that apply in every state.
Last updated: 2026-04-16. Data sources: Federal Reserve Bank of New York, CFPB, U.S. Courts, Census Bureau, BLS, Hawaii Code.

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