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What happens after a foreclosure sale in Hawaii

What happens after a Hawaii foreclosure auction depends on which process was used. In a court foreclosure, the sale is not final until a judge confirms it, and the same court handles the payout and any deficiency. In a power of sale foreclosure, the sale stays open for other bidders for a short time, then the lender records an affidavit and deed and the buyer is entitled to possession. Neither process gives you a period to buy the home back.

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Reviewed against Hawaii law and official sources on October 11, 2026. General information, not legal advice.

What happens after the sale in Hawaii, in order

  1. Court confirmation of the sale

    Court foreclosure: at a hearing after the auction

    The court must approve the sale before it can be completed. If you believe the sale was mishandled, this hearing is the place to say so. A judgment on an order confirming sale can be appealed only if the court certifies it as final.

    HRS §§ 667-41, 667-51

  2. Second-chance bidding window

    Power of sale: 15 to 45 days after the auction

    A power of sale auction is not final for at least 15 days. Tenants living in the home, people who will live in it, housing nonprofits, community land trusts and government agencies can match or beat the winning bid. The former borrower and the borrower's spouse, child or parent cannot use this rule.

    HRS § 667-29.5

  3. Affidavit and deed recorded

    Power of sale: 10 to 45 days after the sale

    The lender records an affidavit about the sale and the conveyance document. Once both are recorded the sale is complete, junior liens are wiped out, and the buyer has the right to possession. The lender must mail you a recorded copy.

    HRS §§ 667-32, 667-33

  4. Possession and eviction

    After confirmation (court) or recording (power of sale)

    After a power of sale foreclosure, anyone still in the home is a tenant at sufferance, and the buyer can file a summary possession or ejectment case to get a writ of possession. The loser pays the winner's attorney fees. In a court foreclosure, the buyer gets possession through the court's orders, so ask what move-out date the court set.

    HRS § 667-33(c)

  5. Deficiency judgment

    Court foreclosure: decided by the court after the sale

    In a court foreclosure the lender can ask for a judgment for the difference between the debt and the sale price. In a power of sale foreclosure of a home, the lender cannot get a deficiency judgment against an owner-occupant unless the debt is secured by other collateral.

    HRS §§ 667-38, 667-41, 667-51

  6. Surplus money

    After liens are paid

    Sale money goes to lienholders in order of priority, and any remainder is paid to the owner. In a court case, make sure the court and the commissioner have your current address. In a power of sale case, the lender must distribute any surplus to the borrower.

    HRS §§ 667-3, 667-10, 667-31

The three questions that matter after a sale

Can I get the home back in Hawaii?

No redemption after sale

Hawaii's foreclosure chapter does not give you a period to buy the home back after the sale. For power of sale foreclosures, the required sale notice says there is no right to cure and no right of redemption after the deadline of three business days before the sale. We found no statute creating a redemption period after a court-approved sale either, so treat the sale and the court's approval as final.

HRS § 667-27(b)

Can the lender come after me for the rest?

Limited

It depends on the type of foreclosure. In a court foreclosure, if the sale does not cover what you owe, the lender has the right to ask the court for a deficiency judgment for the difference. In a power of sale foreclosure of residential property, the lender cannot get a deficiency judgment against an owner-occupant unless the debt is also secured by other collateral. Keep this in mind before converting a power of sale foreclosure to a court case: the required notice warns that after conversion the lender can seek a deficiency.

HRS §§ 667-38, 667-41, 667-55

What if the home sold for more than I owed?

Sale money is paid first to the foreclosing lender and other lienholders in order of priority. Anything left over belongs to the owner. In a court foreclosure, the court tells the commissioner whom to pay, so make sure the court and the commissioner have your current address and ask about any surplus at the hearing where the sale is approved. In a power of sale foreclosure, the lender pays out the money and must give any remaining surplus to the borrower.

HRS §§ 667-3, 667-10, 667-31

Common questions in Hawaii

How long do I have to move out after a foreclosure in Hawaii?

No statute gives a set number of days. After a power of sale foreclosure, HRS § 667-33 makes you a tenant at sufferance once the affidavit and deed are recorded, and the buyer must go to court for a writ of possession. In a court foreclosure the timing comes from the judge's orders, so read the confirmation order and ask Legal Aid.

Will I owe money after a foreclosure sale in Hawaii?

Possibly, in a court foreclosure: the lender has the right to ask for a deficiency judgment if the sale did not cover the loan. In a power of sale foreclosure, HRS § 667-38 protects owner-occupants of residential property from a deficiency judgment unless other collateral secures the debt.

What is Hawaii's 2025 eligible bidder law?

Act 105 of 2025, effective July 1, 2025, added HRS § 667-29.5. A power of sale auction is not final until 15 days pass with no bid or notice of intent from an eligible bidder, or 45 days at most. It also bars lenders from bundling several properties into one power of sale auction.

Can I appeal a foreclosure judgment in Hawaii?

HRS § 667-51 lists which foreclosure orders can be appealed: a judgment on a decree of foreclosure, a certified judgment on an order confirming sale, and a deficiency judgment. An appeal of a deficiency judgment can challenge the amount but not whether you are liable, and it does not undo the transfer of title. Deadlines come from court rules, so see a lawyer quickly.

Step by step

More on foreclosure in Hawaii

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

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Sources for this page

  1. HRS § 667-20.1 (postponement or cancellation of sale by court-appointed commissioner)
  2. HRS § 667-28 (postponement, cancellation of power of sale; cure three business days before sale)
  3. HRS § 667-32 (affidavit after public sale)
  4. HRS § 667-51 (appeals in foreclosure cases)
  5. HRS § 667-74 (dispute resolution required before foreclosure at owner-occupant's election)
  6. HRS § 667-75 (notice of dispute resolution availability)
  7. HRS § 667-79 (notification of opening a dispute resolution case; session 40 to 70 days out)
  8. HRS § 667-80 (dispute resolution parties, requirements, process)
  9. HRS § 667-81 (outcome of dispute resolution; neutral's closing report)
  10. DCCA Mortgage Foreclosure Dispute Resolution online filing portal (Notices of Public Sale)
  11. HRS Chapter 667, Foreclosures (current table of contents)
  12. HRS § 667-1 (definitions, including owner-occupant)
  13. HRS § 667-1.5 (foreclosure by action)
  14. HRS § 667-3 (proceeds, how applied)
  15. HRS § 667-10 (surplus after sale)
  16. HRS § 667-17 (attorney affirmation in judicial foreclosure)
  17. HRS § 667-20 (publication of notice of public sale in a foreclosure by action)
  18. HRS § 667-22 (notice of default and intention to foreclose)
  19. HRS § 667-24 (cure of default)
  20. HRS § 667-25 (date and place of public sale)
  21. HRS § 667-27 (public notice of public sale, cure up to three business days before sale)
  22. HRS § 667-29.5 (eligible bidder, subsequent bid; added 2025)
  23. HRS § 667-31 (distribution of sale proceeds in power of sale foreclosure)
  24. HRS § 667-33 (recordation of affidavit and conveyance; possession)
  25. HRS § 667-38 (deficiency judgment against owner-occupant prohibited)
  26. HRS § 667-41 (public information notice describing both foreclosure types)
  27. HRS § 667-53 (conversion to judicial foreclosure)
  28. HRS § 667-55 (required statement on conversion and deficiency)
  29. HRS § 667-56 (prohibited conduct)
  30. HRS § 667-59 (lender bound by agents' communications)
  31. HRS § 667-71 (dispute resolution: applicability)
  32. HRS § 667-78 (owner-occupant's election of dispute resolution; $300 fee; 30 days)
  33. HRS § 667-83 (stay of nonjudicial foreclosure during dispute resolution)
  34. HRS Chapter 480E, Mortgage Rescue Fraud Prevention Act (table of contents)
  35. HRS § 480E-10 (prohibitions for distressed property consultants)
  36. Act 105, Session Laws of Hawaii 2025 (S.B. 332), effective July 1, 2025
  37. Hawaii Rules of Civil Procedure (Rule 12(a), 20 days to answer)
  38. Hawaii State Judiciary: Mortgage Foreclosure (conversion, Third Circuit mediation pilot, legal help contacts)
  39. Hawaii State Judiciary: Judicial Foreclosure Cases and Conversion Petitions Filed (monthly counts through September 2026)
  40. H.B. 1417 (2013), legislative findings on lenders' move to judicial foreclosure
  41. DCCA: Mortgage Foreclosure Dispute Resolution (MFDR) Program and FAQs
  42. DCCA: Hawaii Foreclosure Information Center
  43. DCCA: Foreclosure Scams
  44. HHFDC: Homeowner Assistance Fund (all programs closed to new applications)
  45. U.S. Department of the Treasury: Homeowner Assistance Fund
  46. Governor of Hawaii: Thirty-Second Proclamation Relating to Wildfires (August 2026, through October 23, 2026)
  47. County of Maui Resolution 23-244 (December 2023) urging a foreclosure moratorium, noting HRS Chapter 667 had not been suspended
  48. DCCA Division of Financial Institutions: Consumer Complaint FAQs
  49. Hawaii State Bar Association: Lawyer Referral and Information Service
  50. Legal Aid Society of Hawaii: Get Help