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Hawaii · Understand the process

How long does foreclosure take in Hawaii?

A Hawaii foreclosure usually runs through circuit court, so its length depends on the court's calendar more than on fixed waiting periods. The periods the law does fix add up to about six months from the first missed payment at the very least: the federal 120-day wait, 20 days to answer, three weeks of ads and a 14-day gap before the auction. Hearings on the lender's motions and on confirming the sale come on top of that, and no statute sets how long they take.

The short answer: Federal rules generally make the servicer wait until you are more than 120 days behind before filing. After you are served, you have 20 days to answer, and the sale must be advertised for three weeks with the auction at least 14 days after the last ad. Adding those periods gives a legal minimum of about six months from the first missed payment. Court hearings and the judge's approval of the sale add time that the law does not fix, so this is a minimum, not a prediction.

Ask for help in Hawaii Free HUD counselor: (800) 569-4287

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

The foreclosure timeline in Hawaii, phase by phase

  1. Missed payments and the federal waiting period

    Day 1 to about day 120

    The servicer generally cannot file until you are more than 120 days behind. Use the time to apply for help in writing and to meet with a housing counselor.

    12 C.F.R. § 1024.41(f)

  2. Complaint served and your answer

    20 days after service

    You have 20 days to file an answer. On Hawaii Island, owner-occupants can also file a Foreclosure Mediation Request under the Third Circuit pilot project, which asks for mediation with the lender before a judge hears the case.

    Haw. R. Civ. P. 12(a)

  3. Court decides and appoints a commissioner

    Set by the court; no fixed period

    The judge decides the amount due and whether to order foreclosure. How long this takes depends on the court's schedule, on whether you answer and raise defenses, and on whether the lender's paperwork is in order.

    HRS § 667-1.5

  4. Advertising and auction

    At least 5 weeks from the first ad

    The notice runs once a week for three weeks in a row and the auction cannot be sooner than 14 days after the third ad. The commissioner can postpone the sale, and a postponed sale needs a new notice at least 14 days ahead.

    HRS §§ 667-20, 667-20.1

  5. Confirmation hearing and payout

    After the auction; set by the court

    The sale must be approved by the court before it is complete. Only then is the money paid out and any deficiency decided.

    HRS § 667-41

  6. Power of sale track, if the lender uses it

    At least about 120 days after the notice of default

    The notice of default gives at least 60 days to cure, and the sale must be at least 60 days after the public notice of sale is sent out. If you elect dispute resolution, the foreclosure is paused while the session is scheduled 40 to 70 days out and the process runs.

    HRS §§ 667-22, 667-25, 667-79, 667-83

Hawaii deadlines written into the law

Answer to a foreclosure complaintHaw. R. Civ. P. 12(a)20 days after you are served
Advertising before a court-ordered saleHRS § 667-20Once a week for 3 weeks, with the sale at least 14 days after the third ad
Power of sale: time to cure after notice of defaultHRS § 667-22(a)(6)At least 60 days after the date of the notice
Power of sale: choose dispute resolutionHRS § 667-78Form and $300 fee received within 30 days after the state mails you its notice
Power of sale: convert to a court foreclosureHRS § 667-53Petition filed within 30 days after the notice of default is served on you
Power of sale: last day to cureHRS § 667-27(b)3 business days before the sale date

Your own dates are on the notices you received. If a notice and this page disagree, trust the notice and ask a counselor or lawyer.

Common questions in Hawaii

How long does a judicial foreclosure take in Hawaii?

The law fixes only a few periods: 20 days to answer and about five weeks of advertising before the auction under HRS § 667-20. Everything else, including the judge's decision and the hearing to confirm the sale, depends on the circuit court's calendar. Plan around the minimum of roughly six months from the first missed payment, and ask a lawyer what is typical in your circuit.

How much notice do I get before a foreclosure auction in Hawaii?

In a court foreclosure, the notice is published once a week for three weeks and the sale is at least 14 days after the third publication. In a power of sale foreclosure, the sale must be at least 60 days after the notice of sale is distributed and at least 14 days after the third ad, whichever is later, under HRS § 667-25.

Does the Mortgage Foreclosure Dispute Resolution program delay a Hawaii foreclosure?

Yes, for power of sale foreclosures only. Under HRS § 667-83 the state's written notice that a case has been opened stays the foreclosure until the neutral files a closing report. It does not extend the deadline to cure the default stated in your notice of default.

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.

Back to the Hawaii overview

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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