Foreclosure & Alternatives Law
How Can a Lender Foreclose on a Property in Hawaii?
Most Hawaii mortgage agreements contain a power of sale condition which allows a lender to foreclose on a property without judicial involvement. Sometimes the power of sale contains specific requirements as to the details of the foreclosure sale and if that is the case then those specific details must be followed. However, if a power of sale is silent as to the specific requirements then state law describes the specific public notice and sale requirements which must be followed.
Some mortgage agreements do not have a power of sale condition. In those cases the lender must sue the borrower in state court in order to foreclose on a property. This method is less commonly used than the non judicial foreclosure procedures described above.