Right to a notice of default with at least 60 days to cure
Haw. Rev. Stat. § 667-22(a)(6)
In plain words
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.
Who is protected
Hawaii mortgagors facing a nonjudicial (power of sale) foreclosure.
When it applies
- Only in Hawaii.
- Only after a notice of default or once a sale date is set.
What you can do
Put the deadline on your calendar
Mark the cure date and ask for the exact amount due.
Deadline: The cure date in the notice (at least 60 days after it)
Open the toolAsk in writing
Ask the lender in writing for the cure amount and a loss-mitigation review.
Open the toolRead the Hawaii guide
Our Hawaii page explains the whole process step by step, with its sources and free local help.
Open the tool
Honest limits
- 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
- State lawNotice of default and intention to foreclose
Haw. Rev. Stat. § 667-22(a)(6)
Exact part: (a)(6)
What it says: The cure date in the notice must be at least 60 days after the notice.
Read the official texthttps://law.justia.com/codes/hawaii/title-36/chapter-667/section-667-22/
Court cases
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins 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
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman 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 lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
Owner-occupants may elect foreclosure dispute resolution
Haw. Rev. Stat. § 667-71(a)
Hawaii’s Mortgage Foreclosure Dispute Resolution program applies to nonjudicial foreclosures of homes occupied by owner-occupants. If you elect it, you meet with the lender and a neutral to look for an alternative to foreclosure before the sale can go forward. Owner-occupants may instead convert the case to a court foreclosure, but not after electing dispute resolution.
Read this rightNo deficiency against an owner-occupant after a nonjudicial foreclosure
Haw. Rev. Stat. § 667-38
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.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this rightChapter 13: catch up on missed mortgage payments over time
11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this right