- Who sends it
- The court-appointed commissioner (court foreclosure) or the lender's agent in Hawaii (power of sale), by mail or delivery, posting on the property and newspaper or state website
- What it starts
- The countdown to the auction; in a power of sale, the cure right ends 3 business days before the sale
- Do this first
- Note the sale date and who is conducting it, then call that person and Legal Aid Society of Hawaii today
What this document is in Hawaii
Court foreclosure: HRS § 667-20 requires the public notice of the public sale to be published in a newspaper's classified section once a week for three weeks in a row, with the sale no sooner than 14 days after the third ad. It may instead be posted on a state website at least 28 days before the sale, with at least one newspaper ad at least 14 days before.
Power of sale: HRS § 667-27 says the notice must state the date, time and place of sale, the unpaid balance, the property address and tax map key, your name, the lender's name, junior lienholders, the terms of sale, and the name and in-state address and phone of the person in Hawaii conducting the sale. It is mailed or delivered to you, posted on the property, and published the same way. For an owner-occupied home, a website notice goes on the department's site.
The power of sale notice must include this, in capital letters: "THE DEFAULT UNDER THE MORTGAGE AGREEMENT MAY BE CURED NO LATER THAN THREE BUSINESS DAYS BEFORE THE DATE OF THE PUBLIC SALE ... THERE IS NO RIGHT TO CURE THE DEFAULT OR ANY RIGHT OF REDEMPTION AFTER THAT TIME. IF THE DEFAULT IS SO CURED, THE PUBLIC SALE SHALL BE CANCELED."
What it does and does not mean
- It does not mean the home is sold. In a court foreclosure the sale must be approved by the court before it is complete (HRS § 667-41 notice).
- In a power of sale, the state file says that since July 1, 2025, the auction is not final for at least 15 and up to 45 days so eligible bidders such as tenants and housing nonprofits can match the winning bid (HRS § 667-29.5). You, your spouse, child or parent do not qualify as those bidders.
- After a power of sale, once the lender records its affidavit and deed, anyone still in the home is a tenant at sufferance and the buyer must go to court for a writ of possession (HRS § 667-33).
- If you came here from a lawsuit, start with the Hawaii summons and complaint page.
The deadlines it starts and how to count them
- Power of sale cure: no later than three business days before the sale, by paying what would be owed if the loan had not been accelerated, plus attorney's fees and costs (HRS § 667-27(b)). Count back three business days from the sale date, skipping weekends and state holidays.
- Court foreclosure: no statute sets a cure cutoff, per the state file. Ask the lender's attorney in writing for a reinstatement figure as early as you can.
- Postponed court sale: the commissioner announces it at the scheduled time and place, gives notice to you, and publishes a new notice marked as a postponed sale. The new sale is no sooner than 14 days after that ad, and a copy must be posted on the property and mailed or delivered to you at least 14 days before (HRS § 667-20.1).
- Every fourth postponement in a row: the commissioner must redo the full three-week publication (HRS § 667-20.1(c)).
See a Hawaii sale date is set for what to do day by day.
What to do this week
- Figure out which kind of foreclosure you have: a court case with a commissioner, or a power of sale run by the lender.
- Call the commissioner, or the person conducting the sale named in the notice, to confirm the date.
- In a power of sale, ask the lender's attorney in writing for the exact cure amount and payment instructions, and count back three business days.
- Ask your servicer in writing to postpone the sale while it reviews a complete application. In a power of sale, a pending good-faith modification review matters (HRS § 667-56, per the state file).
- Call Legal Aid Society of Hawaii at 808-536-4302 or 1-800-499-4302.
- Read how to stop foreclosure in Hawaii.
Scam warnings tied to a sale notice
- Sale notices are public, and some people use them to find homeowners to approach. Never sign over your deed to someone who promises to rent the home back to you.
- A distressed property consultant cannot take any payment until every promised service is finished, and cannot take an interest in your home (HRS chapter 480E, per the state file).
- Report problems to the Office of Consumer Protection. See 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
What is the last day to cure a Hawaii power of sale foreclosure?
Three business days before the public sale. The notice must say you can cure by paying the amount owed without acceleration plus fees and costs, and that there is no right to cure or redeem after that (HRS § 667-27(b)).
How much notice is required before a Hawaii foreclosure auction?
The notice runs once a week for three weeks and the sale is at least 14 days after the third ad, or it is posted on a state website at least 28 days before with one newspaper ad at least 14 days before (HRS §§ 667-20, 667-27(d)).
How will I know if a Hawaii court sale was postponed?
The commissioner announces it at the scheduled time and place, gives you notice, and publishes a new notice of a postponed sale. A copy must be posted on the property and mailed or delivered to you at least 14 days before the new date (HRS § 667-20.1).
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.
- Notice of Default and Intention to ForecloseIf your Hawaii lender wants to foreclose without a lawsuit, it must serve you a Notice of Default and Intention to Foreclose. It must give you at least 60 days to cure. If you are an owner-occupant, it also starts two separate 30-day windows: one to elect the state's dispute resolution program and one to convert the case to a court foreclosure. You can use only one.
- 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.