Foreclosure Laws in Hawaii (HI)Topic: Foreclosure
In the state of Hawaii, both judicial and non-judicial foreclosure proceedings are recognized. Non-judicial foreclosure proceedings must be in agreement with a clause found in the mortgage. It may also require the lender, before starting the foreclosure process, to notify the borrower of the default.
Judicial foreclosure proceedings begin when appropriate documents by the lender have been filed. The lender asks that the court rule that the borrower is in default. The borrower will be found in default if they do not respond to the court within 20 days. The lender can then proceed with scheduling the foreclosure sale. Within 30 days of the filing, the borrower may file a notice of appeal. The borrower has up until 3 days before the sale, to pay the debt and costs associated with the default. Non-judicial foreclosure notices, include; the terms of the sale, description of property, names of parties involved and the location and time of the sale. Judicial foreclosure sales have a commissioner appointed to sell at the public auction. These notices are published in the local paper. Anyone can bid as long as they have 10% of the bid in cash or cashiers check. In this case, the highest bidder might not get the bid, more bidding may happen.
At the confirmation hearing, the court determines whether the price is fair. There are no redemption rights for the borrower in the state of Hawaii, once the sale is confirmed.
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