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Hawaii · Weigh your options

How to stop a foreclosure in Hawaii

Because most Hawaii foreclosures are lawsuits, the main way to slow or stop one is to take part in the case: answer on time, raise your defenses, and keep working with the servicer while the case is pending. If your lender chose the power of sale route instead, Hawaii gives owner-occupants stronger tools, including a cure right up to three business days before the sale and a state dispute resolution program.

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.

Ways to stop or delay a foreclosure in Hawaii

  • File an answer and raise defenses

    Within 20 days after you are served

    An answer keeps you in the case and lets a judge hear problems with the lender's claim, such as whether it had the right to foreclose when it filed. Check that the lender's attorney filed the required affirmation. Legal Aid Society of Hawaii or a licensed attorney can help you prepare it.

    Haw. R. Civ. P. 12(a); HRS § 667-17

  • Apply to your servicer for loss mitigation

    As early as possible, and before any sale is scheduled

    Send a complete application in writing. Under Hawaii law the lender is bound by the agreements and representations its servicer and agents make to you, so keep every letter and note every call.

    HRS § 667-59

  • Reinstate the loan

    Court case: ask the lender. Power of sale: no later than 3 business days before the sale

    In a power of sale foreclosure you can cure by paying the missed amounts plus the lender's fees and costs, not the whole loan, and the sale must then be canceled. In a court foreclosure no statute sets a cure deadline; the state's lender notice says reinstatement may still be possible and to contact the lender right away.

    HRS §§ 667-24, 667-27(b), 667-28(d), 667-41

  • Request foreclosure mediation on Hawaii Island

    After you are served, before the judge hears the case

    The Judiciary's Third Circuit pilot project lets owner-occupants on the Big Island ask for mediation with the lender by filing a Foreclosure Mediation Request with the court. The Judiciary lists (808) 961-7440 for information.

  • Elect Mortgage Foreclosure Dispute Resolution (power of sale only)

    Form and $300 fee received within 30 days after the state mails its notice

    The lender must take part, with someone who has authority to modify the loan available. You must meet with an approved housing or budget counselor at least 30 days before the session, and exchange documents 15 days before. The foreclosure is stayed while the case is open.

    HRS §§ 667-74, 667-78, 667-80, 667-83

  • Convert a power of sale foreclosure to a court case

    Petition filed within 30 days after the notice of default is served

    Filing the petition in circuit court automatically stays the nonjudicial foreclosure. The fee is $250 and all owners and co-signers must file statements within 45 days. You give up dispute resolution and the lender may then seek a deficiency, so get advice first.

    HRS §§ 667-53, 667-55

  • File bankruptcy

    Before the sale

    A bankruptcy filing triggers a federal stay of collection, including foreclosure. It has long-term costs and does not erase the mortgage, so talk to a licensed bankruptcy attorney before relying on it.

What Hawaii law gives you

The right to catch up and stop the sale

Limited right

In a power of sale (nonjudicial) foreclosure you have a clear right to cure. The notice of default must give you at least 60 days, and the sale notice must say you can cure up to three business days before the sale by paying the missed amounts (not the whole loan) plus the lender's attorney fees and costs. If you cure, the sale must be canceled. In a court foreclosure, which is the usual kind, we did not find a Hawaii statute that sets a cure deadline. The state's required lender notice says you may still be able to reinstate after a foreclosure has started by paying what is past due plus foreclosure expenses, and tells you to contact the lender right away.

HRS §§ 667-22, 667-24, 667-27(b), 667-41

Foreclosure mediation

Program available

Two programs exist, and each covers a different situation. (1) The state's Mortgage Foreclosure Dispute Resolution (MFDR) program, run by the Department of Commerce and Consumer Affairs, covers power of sale (nonjudicial) foreclosures of owner-occupied homes only. You qualify if the home has been your main residence for at least 200 days. After the lender files its notice, the state mails you an election form. You must return it with a $300 fee within 30 days, and the lender must then take part and the sale is put on hold. Because most lenders foreclose in court, few homeowners are eligible. (2) For court foreclosures, the Judiciary lists a Foreclosure Mediation Pilot Project in the Third Circuit (Hawaii Island): owner-occupants who have been served can file a Foreclosure Mediation Request, and the Judiciary gives (808) 961-7440 for information. We found no court foreclosure mediation program listed for Oahu, Maui or Kauai.

Right to move a power of sale foreclosure into court

An owner-occupant can convert a nonjudicial foreclosure to a court foreclosure by filing a petition in circuit court within 30 days after the notice of default is served. Filing automatically pauses the nonjudicial foreclosure. The fee is $250, and everyone on the loan must agree in court filings within 45 days. You cannot use both conversion and dispute resolution.

HRS § 667-53

No power of sale completion during loan modification talks

A lender may not complete a nonjudicial foreclosure during good-faith loan modification negotiations, or while you are being evaluated for or are in a federal loan modification program. Violations count as unfair or deceptive practices under state law.

HRS §§ 667-56, 667-60

Lender's attorney must vouch for the paperwork

In a court foreclosure of residential property, the lender's attorney must file a signed affirmation that the documents were reviewed and are accurate when the case is filed.

HRS § 667-17

The lender is bound by what its servicer tells you

A foreclosing lender is bound by the agreements, promises and representations made on its behalf by its employees, agents and mortgage servicers. Keep written records of everything you are told.

HRS § 667-59

Second chance bids for residents and nonprofits (2025 law)

Since July 1, 2025, a power of sale auction is not final for at least 15 days and up to 45 days, so that 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. Lenders also cannot bundle several homes into one sale. The borrower and the borrower's child, spouse or parent do not qualify as these bidders.

HRS §§ 667-29.5, 667-36.5

The options your servicer can offer

Common questions in Hawaii

Can I catch up on my mortgage and stop a foreclosure in Hawaii?

In a power of sale foreclosure, yes by law: HRS § 667-27 and § 667-28 let you cure up to three business days before the sale by paying what would be owed without acceleration, plus fees and costs. In a court foreclosure there is no statutory deadline, so reinstatement depends on your loan documents and lender. Ask for the amount in writing either way.

Should I convert a nonjudicial foreclosure to a judicial one in Hawaii?

It is a trade-off the statute spells out. Conversion under HRS § 667-53 puts your defenses in front of a judge and pauses the nonjudicial sale, but the required notice in § 667-55 warns that dispute resolution may no longer be available and that the lender can then seek a deficiency judgment. Talk to Legal Aid or an attorney before the 30-day deadline.

Can my lender foreclose in Hawaii while reviewing me for a loan modification?

For power of sale foreclosures, HRS § 667-56 bars a lender from completing the foreclosure during bona fide loan modification negotiations or while you are being evaluated for a federal modification program. That section is written for nonjudicial foreclosures. In a court case, tell the judge in your filings that a review is pending.

Is there a right of redemption after a foreclosure sale in Hawaii?

No. For power of sale foreclosures the statute says there is no right to cure and no right of redemption after three business days before the sale. We found no section in HRS Chapter 667 giving a redemption period after a court-confirmed sale either.

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