Hawaii · money left over after a foreclosure sale

You can claim it yourself, for free

Who holds it

Non-judicial (power of sale): the foreclosing lender pays the surplus to the borrower. Judicial (court case): paid out under the circuit court's order.

How long

Not researched yet — ask the clerk

How you claim

Non-judicial sale: ask the foreclosing lender for the surplus left after all valid liens are paid. Court foreclosure: ask the circuit court in the foreclosure case to order the surplus paid to you.

If someone offers to do it for you

Checklist: Hawaii, money left over after a foreclosure sale

Who holds it: Non-judicial (power of sale): the foreclosing lender pays the surplus to the borrower. Judicial (court case): paid out under the circuit court's order.

How long: Not researched yet — ask the clerk

How you claim: Non-judicial sale: ask the foreclosing lender for the surplus left after all valid liens are paid. Court foreclosure: ask the circuit court in the foreclosure case to order the surplus paid to you.

Your deadline: ____________ (confirm it with the clerk)

Steps

  1. Find out whether the sale was non-judicial (lender's power of sale) or a court foreclosure.
  2. Non-judicial: ask the foreclosing lender for the sale accounting and the surplus.
  3. Judicial: check the court's distribution order and ask the court for the surplus that remains after junior liens.
  4. If anyone disputes your share, the court in the foreclosure case decides who is paid.

Documents

Not researched yet — ask the clerk

What it costs you

Not researched yet — ask the clerk

If someone offers to do it for you

Official links

Source: HRS §667-31; HRS §667-3; HRS §667-1.5; HRS §667-10; HRS §667-31(b); HRS §667-100(b); HRS ch. 667 Part V, §§667-71; HRS §§480E-2, 480E-3, 480E-4, 480E-10, 480E-11; HRS §§480-2, 480-13. Researched, not yet checked by a lawyer; confirm with the clerk. Not legal advice.