How to Stop a Foreclosure in Hawaii
Reviewed by DocDraft Legal Team · Hawaii · Last updated 2026-08-31
Foreclosure is the legal process a lender uses to take and sell your home after you fall behind on the mortgage, and stopping it means curing the default before the sale is held. Hawaii allows two paths under Chapter 667: judicial foreclosure by court action (Part IA) and nonjudicial foreclosure by power of sale (Part II), which is an alternative to foreclosure by action (HRS § 667-21). In a nonjudicial foreclosure, the notice of default and intention to foreclose must set a cure date at least 60 days after the date of the notice (HRS § 667-22). The borrower may cure the default and stop the sale no later than three business days before the date of the public sale by paying the accelerated balance plus attorney's fees, costs, and foreclosure-related expenses (HRS § 667-27). After that cure deadline there is no right of redemption. For nonjudicial foreclosure of residential property, the lender may not obtain a deficiency judgment against an owner-occupant unless the debt is secured by other collateral (HRS § 667-38).
Find out where you stand in Hawaii
Where are you in the foreclosure process?
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How do I stop a foreclosure in Hawaii?
In Hawaii, a nonjudicial foreclosure is conducted by power of sale under Chapter 667, Part II (HRS § 667-21). You can stop it by curing the default no later than three business days before the public sale, paying the accelerated balance plus fees and costs (HRS § 667-27), or by pursuing loss mitigation with your servicer.
What is the foreclosure timeline in Hawaii?
In a Hawaii nonjudicial foreclosure, the notice of default and intention to foreclose must set a cure date at least 60 days after the date of the notice (HRS § 667-22). The borrower can then cure up to three business days before the public sale (HRS § 667-27), so the process runs at least two months from the notice.
Can I reinstate my mortgage to stop foreclosure in Hawaii?
Yes. Under HRS § 667-27, a Hawaii borrower may cure the default under the mortgage agreement no later than three business days before the date of the public sale by paying the accelerated balance plus attorney's fees, costs, and foreclosure-related expenses. Curing stops the sale; after that deadline there is no right to cure or redeem.
Can the lender pursue me for the balance after foreclosure in Hawaii?
Usually not for homeowners. Under HRS § 667-38, after a nonjudicial foreclosure of residential property, the lender may not pursue or obtain a deficiency judgment against an owner-occupant unless the debt is secured by other collateral. This protects owner-occupants from a personal judgment for the shortfall after the sale.
Hawaii foreclosure law at a glance
Hawaii foreclosure is governed by Chapter 667, which offers two paths: judicial foreclosure by court action (Part IA) and nonjudicial foreclosure by power of sale (Part II), the latter expressly an alternative to foreclosure by action (HRS § 667-21). In a nonjudicial foreclosure, the notice of default and intention to foreclose must set a cure date at least 60 days after the date of the notice (HRS § 667-22). The borrower may cure the default and stop the sale no later than three business days before the public sale by paying the accelerated balance plus attorney's fees, costs, and foreclosure-related expenses (HRS § 667-27). After that deadline there is no right of redemption. A strong homeowner protection applies: for nonjudicial foreclosure of residential property, the lender may not obtain a deficiency judgment against an owner-occupant unless the debt is secured by other collateral (HRS § 667-38).
Curing a Hawaii nonjudicial foreclosure before the sale
Suppose you fall behind on your Hawaii mortgage and the lender starts a nonjudicial foreclosure by power of sale (HRS § 667-21). It serves a notice of default and intention to foreclose that sets a cure date at least 60 days after the date of the notice (HRS § 667-22). During that period you can cure the default and stop the sale, and the right to cure runs until three business days before the public sale, when you pay the accelerated balance plus attorney's fees, costs, and foreclosure-related expenses (HRS § 667-27). You could also apply for a loan modification or work with a HUD-approved counselor. Because there is no right of redemption after that cure deadline, meeting it is critical. If your home is owner-occupied residential property, HRS § 667-38 generally bars any deficiency against you. Attorney review of your paperwork is available through DocDraft.
Court Resources
Find a HUD-Approved Housing Counselor (CFPB)
Free tool to locate HUD-approved housing counseling agencies that help Hawaii homeowners with loss mitigation, loan modification, and lender negotiations at no cost.
Hawaii Housing Finance and Development Corporation
State housing finance agency offering homeownership programs and resources for Hawaii homeowners facing hardship or delinquency.
Hawaii State Judiciary Self-Help
Official self-help resources of the Hawaii courts, useful if your foreclosure proceeds judicially by court action rather than by power of sale.
Legal Aid Society of Hawaii
Statewide nonprofit providing free civil legal aid to income-qualified Hawaii residents, including housing and foreclosure matters.
Relevant Laws
HRS § 667-21 (Nonjudicial power of sale; alternative to foreclosure by action)
Establishes the nonjudicial power-of-sale process in Chapter 667, Part II, as an alternative to judicial foreclosure by action under Part IA.
HRS § 667-22 (Notice of default and intention to foreclose; 60-day cure date)
Requires the notice of default and intention to foreclose to set a cure date at least 60 days after the date of the notice.
HRS § 667-27 (Right to cure; no redemption after the deadline)
Lets the borrower cure the default no later than three business days before the public sale by paying the accelerated balance plus fees and costs, and provides there is no right to cure or redeem after that time.
HRS § 667-38 (No deficiency against an owner-occupant)
Bars the lender from pursuing or obtaining a deficiency judgment against an owner-occupant after a nonjudicial foreclosure of residential property unless the debt is secured by other collateral.
Regional Variances
Hawaii foreclosure rules vs national norms
Process type
Two paths under Chapter 667: judicial foreclosure by court action (Part IA) and nonjudicial foreclosure by power of sale (Part II), which is an express alternative to foreclosure by action (HRS § 667-21).
Notice timeline
In a nonjudicial foreclosure, the notice of default and intention to foreclose must set a cure date at least 60 days after the date of the notice (HRS § 667-22), followed by the public sale.
Reinstatement right
Strong. The borrower may cure the default and stop the sale no later than three business days before the public sale by paying the accelerated balance plus fees and costs (HRS § 667-27).
Redemption after sale
None. After the cure deadline of three business days before the sale, HRS § 667-27 provides there is no right to cure or any right of redemption; the borrower's interest ends at the sale.
Deficiency judgment
Barred for owner-occupants. After a nonjudicial foreclosure of residential property, the lender may not obtain a deficiency against an owner-occupant unless the debt is secured by other collateral (HRS § 667-38), more protective than states that allow deficiencies.
Non-judicial vs judicial foreclosure in Hawaii
Nonjudicial power-of-sale foreclosure (Part II)
Conducted out of court under the power of sale (HRS § 667-21), with a notice of default setting a 60-day cure date and a public sale. The borrower may cure until three business days before the sale, there is no post-sale redemption, and owner-occupants are protected from a deficiency (HRS § 667-38).
Judicial foreclosure by action (Part IA)
Filed as a court action and decided by a judge. It is the alternative to the power-of-sale process and may be chosen by the lender. A borrower served with a foreclosure complaint must respond by the stated deadline or risk a default judgment.
Suggested Compliance Checklist
Confirm whether your foreclosure is nonjudicial or judicial
As soon as you fall behind or receive any notice days after startingHawaii allows nonjudicial foreclosure by power of sale (Part II) and judicial foreclosure by court action (Part IA) under Chapter 667 (HRS § 667-21). Knowing which path the lender chose determines your deadlines, whether a public sale or a lawsuit is coming, and how the cure right applies.
Read the notice of default and calendar the 60-day cure date
Immediately upon receiving the notice of default days after startingIn a nonjudicial foreclosure, the notice of default and intention to foreclose sets a cure date at least 60 days after the date of the notice (HRS § 667-22). Note the notice date, calendar the cure date, and mark the final cure deadline of three business days before the public sale.
Contact your servicer and apply for loss mitigation or a loan modification
As early as possible, during the notice period days after startingAsk your loan servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request. Approval can pause or stop the sale. Attorney review of your loss-mitigation package is available through DocDraft.
Cure the default before three business days before the sale
No later than three business days before the public sale days after startingUnder HRS § 667-27, you may cure by paying the accelerated balance plus attorney's fees, costs, and foreclosure-related expenses no later than three business days before the public sale. Request a written cure figure from the servicer or foreclosing party and confirm the exact amount and deadline, since there is no cure or redemption afterward.
Consult a HUD-approved housing counselor
As early as possible in the process days after startingHUD-approved housing counseling agencies assist Hawaii homeowners with loss mitigation and lender negotiations at no cost. Use the CFPB counselor finder to locate one. A counselor can help you compare curing the default, a loan modification, and other options before the sale.
Respond in writing if you are served with a judicial foreclosure lawsuit
By the deadline stated on the summons days after startingIf the lender uses judicial foreclosure by court action (Part IA), you are served with a complaint and must file a written response by the deadline or risk a default judgment. Confirm your response deadline carefully. Attorney review is available through DocDraft.
Confirm your owner-occupant deficiency protection
Before agreeing to any sale, short sale, or deed in lieu days after startingUnder HRS § 667-38, after a nonjudicial foreclosure of residential property, the lender may not obtain a deficiency against an owner-occupant unless the debt is secured by other collateral. Verify your owner-occupant status and whether any other collateral is involved before signing anything.
Keep written records of every notice, payment, and communication
Throughout the process days after startingSave the notice of default and intention to foreclose, cure figures, and all servicer correspondence, with dates. These records fix your deadlines under HRS § 667-22 and support a cure under § 667-27, and they document any servicing errors. Attorney review of your file is available through DocDraft.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether your foreclosure is nonjudicial or judicial | Hawaii allows nonjudicial foreclosure by power of sale (Part II) and judicial foreclosure by court action (Part IA) under Chapter 667 (HRS § 667-21). Knowing which path the lender chose determines your deadlines, whether a public sale or a lawsuit is coming, and how the cure right applies. | - | As soon as you fall behind or receive any notice |
| Read the notice of default and calendar the 60-day cure date | In a nonjudicial foreclosure, the notice of default and intention to foreclose sets a cure date at least 60 days after the date of the notice (HRS § 667-22). Note the notice date, calendar the cure date, and mark the final cure deadline of three business days before the public sale. | - | Immediately upon receiving the notice of default |
| Contact your servicer and apply for loss mitigation or a loan modification | Ask your loan servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request. Approval can pause or stop the sale. Attorney review of your loss-mitigation package is available through DocDraft. | - | As early as possible, during the notice period |
| Cure the default before three business days before the sale | Under HRS § 667-27, you may cure by paying the accelerated balance plus attorney's fees, costs, and foreclosure-related expenses no later than three business days before the public sale. Request a written cure figure from the servicer or foreclosing party and confirm the exact amount and deadline, since there is no cure or redemption afterward. | - | No later than three business days before the public sale |
| Consult a HUD-approved housing counselor | HUD-approved housing counseling agencies assist Hawaii homeowners with loss mitigation and lender negotiations at no cost. Use the CFPB counselor finder to locate one. A counselor can help you compare curing the default, a loan modification, and other options before the sale. | - | As early as possible in the process |
| Respond in writing if you are served with a judicial foreclosure lawsuit | If the lender uses judicial foreclosure by court action (Part IA), you are served with a complaint and must file a written response by the deadline or risk a default judgment. Confirm your response deadline carefully. Attorney review is available through DocDraft. | - | By the deadline stated on the summons |
| Confirm your owner-occupant deficiency protection | Under HRS § 667-38, after a nonjudicial foreclosure of residential property, the lender may not obtain a deficiency against an owner-occupant unless the debt is secured by other collateral. Verify your owner-occupant status and whether any other collateral is involved before signing anything. | - | Before agreeing to any sale, short sale, or deed in lieu |
| Keep written records of every notice, payment, and communication | Save the notice of default and intention to foreclose, cure figures, and all servicer correspondence, with dates. These records fix your deadlines under HRS § 667-22 and support a cure under § 667-27, and they document any servicing errors. Attorney review of your file is available through DocDraft. | - | Throughout the process |
Frequently Asked Questions
Foreclosure is the legal process a lender uses to take and sell your home when you fall behind on the mortgage. In Hawaii, foreclosure may proceed either judicially by court action or nonjudicially by power of sale under Chapter 667 (HRS § 667-21). In a nonjudicial foreclosure, the property is sold at a public sale without a court case.
A judicial foreclosure is a court action under Chapter 667, Part IA, decided by a judge. A nonjudicial foreclosure uses the power of sale under Part II and is an express alternative to foreclosure by action (HRS § 667-21). The nonjudicial path is handled out of court, with a notice of default and a public sale rather than a lawsuit.
In a nonjudicial foreclosure, the notice of default and intention to foreclose must set a cure date at least 60 days after the date of the notice (HRS § 667-22). The right to cure then continues until three business days before the public sale (HRS § 667-27), giving you a defined window to act.
Yes. Under HRS § 667-27, you may cure the default under the mortgage agreement no later than three business days before the date of the public sale by paying the accelerated balance plus attorney's fees, costs, and foreclosure-related expenses. Curing stops the sale, and the statute states there is no right to cure after that time.
No. Under HRS § 667-27, after the cure deadline of three business days before the public sale, there is no right to cure the default or any right of redemption. Your interest ends at the sale, so meeting the cure deadline or negotiating loss mitigation before the sale is the only way to keep the home.
Usually not for homeowners. Under HRS § 667-38, upon a nonjudicial foreclosure of residential property, the lender may not pursue or obtain a deficiency judgment against an owner-occupant unless the debt is secured by other collateral. This protects owner-occupants from a personal judgment for the shortfall after the sale.
After the notice of default and intention to foreclose is served, the 60-day cure date runs, and the lender may proceed to a public sale if you do not cure (HRS § 667-22). You retain the right to cure until three business days before the sale (HRS § 667-27), or you can negotiate loss mitigation with the servicer.
Hawaii homeowners can get free help from HUD-approved housing counseling agencies, which assist with loss mitigation and lender negotiations at no cost. The Hawaii Housing Finance and Development Corporation offers homeowner resources, and the Legal Aid Society of Hawaii helps income-qualified residents. Acting well before the cure deadline gives you the most options.
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