What Public Notice Requirements are There for a Real Estate Foreclosure in Hawaii?
The public notice required for a foreclosure of Hawaiian property depends on whether the lender is pursuing a judicial or a non judicial foreclosure. In the absence of explicit power of sale terms in the mortgage agreement, the lender must seek a judicial foreclosure. Public notice for a judicial foreclosure is the filing of the complaint in state court and any other notice deemed appropriate by the state court judge.
Public notice for non judicial foreclosures in Hawaii may occur according to one of two plans. If the mortgage document specifies the amount and type of public notice to be provided prior to a foreclosure sale then those rules, agreed to by both parties at the time of the mortgage agreement, must be followed. If the mortgage agreement is silent on the issue of public notice then the lender must publish a Notice of Default and Intent to Foreclose in the local paper weekly for three weeks with the last publication occurring two weeks prior to the foreclosure sale. The notice must also be sent to the State Director of Taxation and the County Director of Finance. The notice must indicate whether any open houses will be held at the property and the dates and times of any scheduled open houses as well as information about the foreclosure sale.