- Who sends it
- The foreclosing lender through its Hawaii-licensed attorney, served on you and filed with the Department of Commerce and Consumer Affairs for owner-occupied homes
- What it starts
- At least 60 days to cure; 30 days after service to convert to a court case; 30 days after the state's mailing to elect dispute resolution
- Do this first
- Write down the service date and the cure deadline, and call Legal Aid Society of Hawaii before either 30-day window closes
What this document is in Hawaii
HRS § 667-22 requires this notice before a power of sale foreclosure. It must list the lender, you and any guarantor, the property's address, tax map key and any Land Court certificate number, the default or the delinquent amount, what you must do to cure including estimated attorney's fees and costs, and the cure deadline. It must give the name, address, email and phone of the lender's attorney, who must be licensed and physically located in Hawaii.
It must include, in capital letters of at least 14-point type, a warning that begins: "IF THE DEFAULT ON THE LOAN CONTINUES AFTER THE DEADLINE DATE IN THIS NOTICE, THE MORTGAGED PROPERTY MAY BE FORECLOSED AND SOLD WITHOUT ANY COURT ACTION AND WITHOUT GOING TO COURT." It must come with copies of the mortgage, any assignments, the signed note with its endorsements, and any documents that changed the loan terms, plus contact information for approved housing counselors and budget and credit counselors.
For a home, it must also include a 14-point statement about the owner-occupant's right to convert to a judicial foreclosure (HRS § 667-55) and a notice of the dispute resolution program (HRS § 667-75).
What it does and does not mean
- It is not a lawsuit and has no court date. The lender plans to sell the home at a public sale without going to court.
- It is not the sale notice. A public notice of public sale comes later if you do not cure.
- An owner-occupant is someone who owns an interest in the home and has lived there as a primary residence for at least 200 days in a row when the notice is served (HRS § 667-55 statement).
- The notice warns that if the case is converted to court, dispute resolution may no longer be available and the lender can then seek a deficiency judgment, which a completed power of sale foreclosure of a home could bar.
The deadlines it starts and how to count them
- Cure deadline: the date printed in the notice, at least 60 days after the date of the notice (HRS § 667-22(a)(6)). Count from the notice date.
- Convert to court: file the conversion petition with the circuit court where the home is no later than 30 days after the notice is served on you (HRS § 667-53(a)(1)). Count from the service date. The filing fee is $250, and filing automatically stays the nonjudicial foreclosure.
- Co-owners and co-signers: within 45 days after the petition is filed, all owner-occupants, mortgagors and everyone who signed the note must file a statement agreeing to the court process, or the court case may be dismissed with prejudice (HRS § 667-53(a)(2)).
- Dispute resolution: elect within 30 days after the Department of Commerce and Consumer Affairs mails you its own notification (HRS § 667-78). See the MFDR notification letter.
- One or the other: conversion does not apply if you elected dispute resolution (HRS § 667-53(c)).
See Hawaii foreclosure mediation for the program steps.
What to do this week
- Write down three dates: the cure deadline, 30 days after you were served, and (when it arrives) 30 days after the state's MFDR mailing.
- Ask the lender's Hawaii attorney named in the notice for the exact cure amount in writing.
- Call Legal Aid Society of Hawaii (808-536-4302, or 1-800-499-4302) to decide between dispute resolution and conversion. You cannot use both.
- If you want to convert, the Judiciary posts the Rules for Conversion of Non-Judicial Foreclosure Proceedings, a Certified Conversion Petition form and a Submission Statement form, and a sample request to proceed without paying fees.
- If you move or want mail sent elsewhere, the notice says written instructions must be sent to the attorney's office by certified, registered or express mail, return receipt requested.
- Read how to stop foreclosure in Hawaii.
Help and scam warnings
- A lender may not complete a nonjudicial foreclosure during good-faith loan modification negotiations, or while you are being evaluated for a federal modification program (HRS § 667-56, per the state file). Tell the lender's attorney in writing if that applies.
- Distressed property consultants cannot take any payment until every promised service is done (HRS chapter 480E, per the state file). Report problems to the Office of Consumer Protection.
- More is on the Hawaii foreclosure help page.
The rest of the Hawaii process
See how foreclosure works in Hawaii, the timeline, ways to stop it and free help in Hawaii, or read the national guide to this letter.
Common questions
How long do I have to cure a Hawaii Notice of Default and Intention to Foreclose?
At least 60 days after the date of the notice; the exact date is printed in it (HRS § 667-22(a)(6)). Later, the public notice of sale lets you cure up to three business days before the sale (HRS § 667-27(b)).
Should I convert my Hawaii power of sale foreclosure to a court case?
It is a trade-off. Conversion puts your defenses before a judge and stays the nonjudicial sale, but the required notice warns that dispute resolution may no longer be available and the lender may seek a deficiency judgment (HRS § 667-55). Get advice before the 30-day deadline.
What if I did not get copies of my note and mortgage with the Hawaii notice?
HRS § 667-22(c) says the notice must include copies of the mortgage and assignments, the signed note with endorsements and allonges, and documents that changed the loan terms. Show the papers you got to Legal Aid or a lawyer.
Other Hawaii letters
- Summons and complaint for foreclosure (foreclosure by action)Most Hawaii mortgage foreclosures are lawsuits in the circuit court for the island where the home is. The summons and complaint start the case, and you have 20 days after you are served to file a written answer. For a home, the lender's attorney must also file a signed affirmation that the papers were checked and are accurate.
- Department notification of Mortgage Foreclosure Dispute Resolution program, with election formWhen a lender files a power of sale foreclosure notice for an owner-occupied home, Hawaii's Department of Commerce and Consumer Affairs mails you a notice about its Mortgage Foreclosure Dispute Resolution program with a form to elect or waive it. The department must receive your completed form, proof you are an owner-occupant and a $300 fee within 30 days after it mails the notice. If you join, the foreclosure is put on hold while you meet with the lender and a neutral.
- Public Notice of Public SaleIn Hawaii, the auction of a foreclosed home is announced by a public notice of the public sale. In a court foreclosure a court-appointed commissioner publishes it. In a power of sale foreclosure the lender does, and the notice must say you can cure until three business days before the sale. Either way it is published for three weeks, and the sale cannot be sooner than 14 days after the third ad.