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Hawaii permits both non-judicial and judicial real property foreclosures. Since the passage of SB 651 into law as Act 48 in 2011, judicial foreclosure is the predominant method. In a judicial foreclosure the mortgagee files a lawsuit in order to obtain a judgment, which gives the mortgagee the right to sell the property. The mortgaged property is sold under the supervision and with the approval of the court. In a non-judicial foreclosure process, a mortgagee is able to foreclose on the mortgaged property using a power of sale procedure, which begins with a written notice of default and intent to the sell the property. A property owner has the right to transform a non-judicial foreclosure into a judicial one.
Read more about the Hawaii foreclosure process in our InfoCenter
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