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Hawaii Foreclosure Help
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Hawaii Foreclosure Statute Laws
Judicial and non-judicial foreclosure is available in Hawaii. Primary service instruments are deed of trust and mortgage. The timeline for foreclosure in Hawaii varies by process, but typically lasts 60 days. Right of Redemption is not allowed. Deficiency judgments are allowed.
In Hawaii, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.
Power of Sale Foreclosure Guidelines:
• The notice of intent to foreclose must be published once a week for three (3) successive weeks, the last publication to be not less than fourteen (14) days before the day of sale, in a newspaper having a general circulation in the county in which the mortgaged property is located.
• Copies of the notice must be mailed or delivered to the mortgagor, the borrower, any prior or junior creditors, the state director of taxation and any other person entitled to receive notice.
• Additionally, the notice must be posted on the premises not less than twenty-one (21) days before the day of sale.
The notice is required to state:
• The date, time, and place of the public sale;
• The dates and times of the two (2) open houses of the mortgaged property, or if there will not to be any open houses, the public notice shall so state;
• The unpaid balance of the moneys owed to the mortgagee under the mortgage agreement;
• A description of the mortgaged property, including the address or description of the location of the mortgaged property, and the tax map key number of the mortgaged property;
• The name of the mortgagor and the borrower;
• the name of the lender;
• The name of any prior or junior creditors having a recorded lien on the mortgaged property before the recordation of the notice of default;
• The name, the address in the State, and the telephone number in the State of the person in the State conducting the public sale; and
The terms and conditions of the public sale:
• Additional wording, as required by the State of Hawaii, may be found by reviewing the statutes
• Up until three (3) days before the sale, the borrower may cure the default and stop the sale by paying the lien debt, costs and reasonable attorney’s fees, unless otherwise agreed to between the lender and the borrower.
• The sale, which may be held no earlier than fourteen (14) days after the last ad is published, is to be made at auction to the highest bidder.
• Any sale, in which notice has been given, may be postponed from time to time by public announcement made by the lender or their representative.
• There are no rights of redemption in Hawaii.
For information on hud foreclosures in hawaii contact Honolulu Field Office500 Ala Moana Boulevard, Suite 3AHonolulu, HI 96813 Phone: (808) 522-8175
Foreclosures in hilo hawaii have reached the highest levels since the great depression. Foreclosuresin kona hawaii in 2009 have surpassed those of 2008. Foreclosures in maui hawaii are causing great distress to the economy. Foreclosures in oahu hawaii are unprecedented. Foreclosures in honolulu hawaii can be prevented by visiting Udolegal.com.
Information on hawaii foreclosure laws can be found at Udolegal.com.
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