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Foreclosure Survival Guide
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Foreclosure Survival Guide (1st Edition)
| Topic | State Rule |
|---|---|
| Common types of foreclosure process | Judicial
Nonjudicial: under power of sale in deed of trust |
| Time to respond | Judicial: After foreclosing party files foreclosure lawsuit, homeowner has 20 to 30 days to respond.
Nonjudicial: Foreclosing party must publish notice in newspaper once per week for three consecutive weeks, ending 14 days before sale, or post notice on property at least 21 days before sale. Federally insured banks and other federal lending institutions have an alternative: They can give homeowner a 60-day notice of default before sale. |
| Reinstatement of loan before sale | Nonjudicial: allowed in regular nonjudicial foreclosures up to 60 days after the notice of default. Allowed in alternative nonjudicial foreclosures until three days before sale. |
| Redemption after sale | No |
| Special protections for foreclosures involving high-cost mortgages | None |
| Special state protections for service members | Haw. Rev. Stat. §§ 657D-1 to 657D-63 |
| Deficiency judgments | May be requested in complaint that begins the foreclosure lawsuit |
| Cash exempted in bankruptcy | About $11,000 for one person, $22,000 for a married couple under federal bankruptcy exemptions |
| Notice to leave after house is sold | Former owner is subject to eviction or ejectment (a common law procedure to “eject” an occupant). Either way, new owner must get a court order to remove former homeowner. |
| Foreclosure statutes | Haw. Rev. Stat. §§ 667-1 to 667-46 |