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HRS §667-10

What happens to the power to sell if the property changes hands

This section says that if the mortgagor sells or transfers the property, the mortgagee's power to sell the property under the mortgage still stands, unless certain laws say otherwise. After a public sale, the money is distributed as the law requires, and any leftover money goes to the owner after paying claims and costs.

borrowershomeownerslandownersmortgage lenders

The statute, as written — Power unaffected by transfer; surplus after sale

No sale or transfer by the mortgagor shall impair or annul any right or power of attorney given in the mortgage to the mortgagee to sell or transfer the mortgaged property, as attorney or agent of the mortgagor, except as otherwise provided by chapters 501 and 502. When public sale is made of the mortgaged property under this part, distribution of the proceeds of the sale shall be as specified in section 667-3, and the remainder of the proceeds, if any, shall be paid over to the owner of the mortgaged property, after deducting the amount of all claims and all expenses attending the same.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§667-3 How foreclosure sale money is paid out

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