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HRS §506-5

Mortgagor keeps property until default unless agreed otherwise

Unless a mortgage agreement says something different, the person who gives the mortgage can keep using and living on the property until they fail to make payments. This rule applies to real estate and fixtures.

borrowerslandowners

The statute, as written — Use and possession of mortgaged property

In the absence of an agreement to the contrary, the mortgagor of real property or fixtures under a duly recorded mortgage is entitled to the use or possession thereof until default.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.