HI
Hawaii
Hawaii allows both judicial and nonjudicial foreclosure. Judicial sales are conducted by a court-appointed commissioner, and surplus is reported to the court and distributed by order. In nonjudicial sales the foreclosing party accounts for the proceeds. Hawaii's foreclosure law includes strong consumer protections, and we treat surplus claims here as needing local legal review.
Terms commonly used in Hawaii
These are legally different procedures and are kept separate on purpose. Make sure you are reading the one that matches your sale.
Hawaii mortgage foreclosures are typically judicial, meaning the lender must file a lawsuit in circuit court and get a judge's approval to sell the property at auction, although a power-of-sale (nonjudicial) process also exists under some older mortgages. When a foreclosed property sells at auction for more than what is owed on the mortgage plus fees and costs, that extra money is surplus proceeds. Hawaii Revised Statutes Chapter 667 governs foreclosures, and sections like § 667-3 and § 667-31 address how sale proceeds must be distributed, generally paying the foreclosing lender first, then other lienholders in order of priority, with any remainder going to the former owner. In judicial foreclosures, the court commissioner conducting the sale reports back to the circuit court, and the court oversees confirmation of the sale and distribution of proceeds, sometimes requiring a formal court order before surplus funds are released. Because Hawaii's courts directly supervise this process, a former homeowner or other interested party typically needs to file a claim or motion within the same court case to receive any surplus, rather than filing a separate administrative claim with a county office.
Who may have a claim
- Former homeowner
- Junior lienholders (second mortgages, liens)
- Homeowners association with a lien
- Judgment creditors
- Heirs of a deceased former owner
Priority among claimants may depend on title, recorded liens, court orders, probate and state law. Being listed here does not mean a claim will succeed.
Where the money may be held
- Circuit Court-appointed commissioner
- Circuit Court Clerk's Office
Commonly required documents
- Government-issued photo IDCommonly required
- Copy of foreclosure judgment/commissioner's reportCommonly required
- Proof of former ownershipCommonly required
- Court motion for surplus proceedsCommonly required
- Mortgage or lien documentsSituation-dependent
- Death certificate/probate recordsSituation-dependent
- Attorney representation documentsSituation-dependent
- Notarized affidavit of interestSituation-dependent
Could an attorney be needed?
Attorney likely advisable
Circumstances where legal help is more often advisable or required
- • The former owner is deceased
- • Probate has not been opened
- • Multiple heirs disagree
- • The claimant is a trust or business entity
- • Competing lienholders filed claims
- • Ownership is disputed
- • There is an assignment or transfer of claim
- • The claim requires a motion or petition
- • A hearing is scheduled
- • Another party objects
- • There are bankruptcy issues
- • There are judgments or unresolved liens
- • The claimant is a minor or incapacitated person
- • The deadline may have expired
- • The claimant lives outside the United States
- • The court requires representation for an entity
- • Local rules require attorney involvement
Dependable Funds Recovery is not a law firm and does not provide legal advice. When legal representation is required or advisable, clients may be referred to an independent licensed attorney.
Deadlines
Hawaii law does not set one plain, universal deadline for filing a surplus funds claim; because distribution happens through the court case itself, timing depends on the judge's schedule and the specific proceedings in your foreclosure case.
- Trigger date
- court order confirming sale and distribution
- Varies by county or claim type
- No
- Confirmed against an official source
- Not yet verified
- Source last checked
- 2026-08-04
Typical claim complexity
Complex
Why, specifically:
- • Requires filing within an active court case
- • Judicial and nonjudicial foreclosure tracks both exist
- • Lien priority disputes possible
- • Court hearing often needed for distribution
Complexity is shown so you can judge the work involved for yourself. A complex rating does not mean you cannot file on your own.
Official resources
Official links for Hawaii have not been verified and published yet.
Sources and review record
- Date last reviewed
- 2026-08-04
- Reviewed by
- Johnny — Dependable Funds Recovery
- Hawaii Revised Statutes § 667-3 Proceeds, how applied — HRS § 667-3 (checked 2026-08-04)
- HRS § 667-31 Conveyance of property on payment of purchase price; distribution of sale proceeds — HRS § 667-31 (checked 2026-08-04)
County, court, and trustee procedures may differ from statewide practice. Laws, forms, fees, and deadlines can change without notice.
This page is general information, not legal advice, and is not a substitute for reading the controlling statute, rule, order or official instructions for your case.
Optional
Guided claim checker
Answer a short set of questions about your Hawaii situation and we will show you, in plain English, which review steps typically apply. This is general education only — not legal advice, and not a guarantee that funds exist or can be recovered.
Not sure which process applies to your case?
Submitting information does not create an attorney-client relationship, guarantee eligibility, or guarantee recovery. You may be able to pursue a claim directly through the applicable court, county, trustee, or government agency.