HRS §667-40
When power of sale foreclosure can be used without a mortgage
Read the official text at capitol.hawaii.gov ↗This section says that a power of sale foreclosure can be used in certain situations that are not mortgages, but only if a law or written document allows it. These situations are limited to time share plans, condominium property regimes, agreements of sale, and commercial property assessed financing assessments under a specific law.
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The statute, as written — Use of power of sale foreclosure in certain non-mortgage situations
A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.
A power of sale foreclosure under this part may be used in certain non-mortgage situations where a law or a written document contains, authorizes, permits, or provides for a power of sale, a power of sale foreclosure, a power of sale remedy, or a nonjudicial foreclosure. These laws or written documents are limited to those involving time share plans, condominium property regimes, and agreements of sale, and commercial property assessed financing assessments imposed pursuant to section 196-64.5.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.