When the power of sale clause is present in the loan, a lender will utilize the non-judicial foreclosure procedure. The procedures set out in the power of sale clause must be followed by the lender, however if the power of sale clause lacks the pertinent information such as time, place and terms of sale then the lender must oblige by the Hawaii state foreclosure procedures. Notice of default must be recorded in the district courts where the property is located within 30 days of the default and no less then 3 months before the date of the sale. After recording intent, the lender must notify the borrower/occupant and any party that has a lien on the property as well as state director of taxation and to the director of finance of the county in which the property is located within 15 days by court server or certified mail.

The lender must also run in newsprint within the county where the property is located the intent to sale for three weeks prior to the sale with the last publication running no less then 14 days before the sale of the property. The borrower can stop foreclosure process by curing the default plus cost occurred up to three days prior to the sale of the property

If you live in Hawaii and are facing foreclosure, 1st Foreclosure Prevention can help you work with you lender to stop the foreclosure process and help you to save your home.