If you live or own a property in Hawaii and are facing foreclosure, please see below for the step-by-step foreclosure process.
When you develop a definite plan of action with well-timed, well-informed steps, you can stop the foreclosure process and save your home. We have outlined the foreclosure process for the state of Hawaii.
Judicial Foreclosure Available: Yes
Non judicial Foreclosure Available: Yes
Foreclosure in Hawaii takes one of two forms:
(1) judicial foreclosure by a lawsuit much like any other lawsuit or
(2) sale under a power of sale clause in the mortgage.
Preferred Method:
Judicial foreclosure is the preferred method in Hawaii. Although trust deeds are available, they are not commonly used.
Judicial Foreclosure
In a judicial foreclosure, the Circuit court may assess the amount due on a mortgage, without a jury, and render judgment for that amount and an order of foreclosure on the mortgage. The actual sale of the property will take place in the same way as normal execution sales.
Non-judicial Foreclosure
Preliminary Notices
Advertising
Out-of-court foreclosures must be published, in English once per week for three consecutive weeks. The last
publication must be run no less that 14 days before the sale date.
Mailing
Mortgage creditors having a mortgaged lien against the property that another mortgage creditor intends to foreclose on under a power of sale clause may, if a written request is given to the foreclosing mortgage creditor, receive notice of the lender’s intent to foreclose. The foreclosing lender must mail the notice to the other mortgage creditors at least seven days prior to the date of the sale.
Sale
The highest bidder at the foreclosure sale buys the property.
Post-Sale Matters
A buyer at the foreclosure sale holds title subject to the existing liens. Any surplus from the sale shall be paid over to the owner of the mortgaged property.
Special Procedures
A notice of any foreclosure on a condominium apartment must be sent certified or registered mail to the association of the condominium. This notice must be sent at the time the lender begins foreclosure proceedings. This provision may not be waived.
Redemption
Redemption rights have been abolished in Hawaii.
C Thompson
407-219-8739
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C Thompson
Account Manager
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Fax: 206-203-1890
Email me: keepyourproperty911@gmail.com
My condo fees have gone through the roof. When I purchased the condo the fees were $309.00 now they are $616.00 and going up. We had a $3,000.00 fee two years ago. We have no control over electricity use or water and sewer use. I live alone and there are some units here with 10 people in them. How is this fair? My Association fees are now more than my mortgage payment. I want to give it tback to the bank but not sure of the best way to do this? foreclosure will damage my credit but the stress of this is killing me. Any ideas?
Does anyone have a response to this note? How do I give this condo back to the bank of america?