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Hawaii foreclosure

The Hawaii foreclosure process can be judicial or non-judicial. If there is no power of sale clause in the deed of trust or mortgage, then the judicial foreclosure proceedings are followed, meaning it must go through the court system. This process usually takes longer, however, there is usually a power of sale clause, so it's not used as often.

If there is a power of sale clause stating the time, place and terms of the sale, then the non-judicial foreclosure process is used as follows:


  1. Notice of intent to foreclose must be published at least once a week for 3 weeks in a row.

  2. The sale cannot occur until 14 days after the last publication of the notice.

  3. Copies of the notice must be sent to the borrower, other lien holders, the state director of taxation and anyone else who's supposed to get a copy.
  4. A copy must also be posted on the property itself, at least 21 days before the sale.

  5. Up to 3 days before the sale, you the borrower can stop it by paying the amount in arrears plus attorneys fees and other costs.

Usually takes about 2 months to complete.



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