Judicial vs. Non-Judicial Foreclosure in Hawaiʻi: What's the Difference?

Hawaiʻi allows two types of foreclosure — judicial and non-judicial — and the type matters enormously for how much time you have and what options are available to you. Most homeowners don't know which process applies to them until it's almost too late to act.

Judicial foreclosure

Judicial foreclosure goes through the court system. The lender files a lawsuit, you are served with legal documents, and a judge oversees the process. This typically takes longer — often 1–3 years or more in Hawaiʻi — which gives homeowners significantly more time to explore alternatives.

Signs you may be in a judicial process: you've received a court summons, you have a case number, or you've been served with a complaint by the lender.

Non-judicial foreclosure

Non-judicial foreclosure (also called "power of sale" foreclosure) does not go through the courts. Instead, the lender follows a statutory process under Hawaiʻi law (HRS Chapter 667) that can move significantly faster. Timelines can be as short as a few months once the process formally begins.

Signs you may be in a non-judicial process: you've received a Notice of Default, a Notice of Mortgagee's Intention to Foreclose, or a Notice of Foreclosure Sale — without any court paperwork.

HOA foreclosures are different again

Homeowners associations on Oʻahu can foreclose using their own non-judicial process under HRS Chapter 667, Part II. This can happen even if your mortgage is current — because the unpaid HOA dues create a separate lien. HOA foreclosures tend to move quickly, which is why early awareness is so important.

Why does this matter?

Knowing which process applies to you tells you how much time you realistically have. It also determines which professionals you need. The worst thing you can do is assume there's more time than there is — or less.