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State lawVerified Sep 23, 2026After a foreclosure saleDebt collectors

No deficiency against an owner-occupant after a nonjudicial foreclosure

Haw. Rev. Stat. § 667-38

In plain words

After a nonjudicial foreclosure of residential property in Hawaii, the lender cannot pursue or get a deficiency judgment against an owner-occupant unless the debt is also secured by other collateral.

Who is protected

Owner-occupants in Hawaii after a nonjudicial foreclosure.

When it applies

  • Only in Hawaii.
  • Only after the foreclosure sale.
  • Only if the home is your primary residence.
Check whether it applies to you

What you can do

  • Ask in writing

    If a collector seeks a deficiency after a nonjudicial foreclosure of your home, reply in writing citing Haw. Rev. Stat. § 667-38.

    Open the tool

Honest limits

  • Does not apply after a judicial foreclosure.
  • This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.

The law

  1. State lawDeficiency judgment against owner-occupant prohibited

    Haw. Rev. Stat. § 667-38

    What it says: No deficiency judgment against an owner-occupant after nonjudicial foreclosure, unless other collateral secures the debt.

    Read the official text

Court cases

  • Homeowner wonSame topic
    Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.

    Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)

    the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires

  • Homeowner wonSame topic
    Kaltenbach v. Richards

    Kaltenbach v. Richards, 464 F.3d 524 (5th Cir. 2006)

    a person who meets the FDCPA's general definition of debt collector is subject to the whole Act even while enforcing a security interest

  • Homeowner wonSame topic
    Heintz v. Jenkins

    Heintz v. Jenkins, 514 U.S. 291 (1995)

    the FDCPA applies to lawyers who regularly collect consumer debts, even through litigation

  • Homeowner lostSame topic
    Obduskey v. McCarthy & Holthus LLP

    Obduskey v. McCarthy & Holthus LLP, 586 U.S. 466 (2019)

    a business engaged only in non-judicial foreclosure is not a debt collector under the FDCPA, apart from the provision barring threats to take property without a present right

  • Homeowner lostSame topic
    Midland Funding, LLC v. Johnson

    Midland Funding, LLC v. Johnson, 581 U.S. 224 (2017)

    filing an obviously time-barred proof of claim in bankruptcy does not violate the FDCPA

  • Homeowner lostSame topic
    Martins v. BAC Home Loans Servicing, L.P.

    Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)

    a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable

Related rights

State lawVerified Sep 23, 2026

Right to a notice of default with at least 60 days to cure

Haw. Rev. Stat. § 667-22(a)(6)

In a Hawaii nonjudicial foreclosure, the lender must serve you a notice of default and intention to foreclose. The notice must give a date to cure the default that is at least 60 days after the notice. The sale must then be published, and you may still cure up to shortly before the sale.

Read this right
Federal lawVerified Sep 23, 2026

After a discharge, creditors cannot collect the wiped-out debt from you

11 U.S.C. § 524(a)(2)

A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.

Read this right
U.S. ConstitutionVerified Sep 23, 2026

The government cannot keep your home equity beyond the tax debt

U.S. Const. amend. VTakings Clause

If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.

Read this right
Federal lawVerified Sep 23, 2026

A collection or charge-off must carry its real delinquency date

15 U.S.C. § 1681s-2(a)(5)(A)

A company that reports an account placed for collection or charged off must tell the credit bureau the month and year the delinquency began, within 90 days. That date sets when the item must come off your report, and it does not change when the debt is sold.

Read this right
Federal lawVerified Sep 23, 2026

Make the company that reported the error investigate it

15 U.S.C. § 1681s-2(b)(1)

The company that reported the information — such as your servicer — must investigate when a credit bureau passes along your dispute, and fix what is wrong with every bureau. In many cases you can also dispute directly with that company, which must then investigate and report back to you.

Read this right
Federal lawVerified Sep 23, 2026

Most negative items must come off after 7 years

15 U.S.C. § 1681c(a)(a)(1), (4), (5)

Credit bureaus may not report collection accounts, charge-offs and most other negative items that are more than 7 years old. For a collection or charge-off, the 7 years start 180 days after the delinquency that led to it began — so, about 7½ years from the first missed payment that was never brought current. Paying, settling or re-selling the debt does not restart this clock. Bankruptcies can be reported for 10 years.

Read this right