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HRS §667-56

Rules forbidding foreclosure lenders from certain actions

This section lists actions a foreclosing mortgagee (lender) cannot take during a foreclosure sale or related processes. It bans unfair sale practices, delays in giving the deed, and finishing foreclosure during short sales or loan modification talks. It also protects borrowers in federal loan programs.

borrowershomebuyershomeownersmortgage lenders

The statute, as written — Prohibited conduct

It shall be a prohibited practice for any foreclosing mortgagee to engage in any of the following practices: (1) Holding a public sale on a date, at a time, or at a place other than that described in the public notice of the public sale or a properly noticed postponement; (2) Specifying a fictitious place in the public notice of the public sale; (3) Conducting a postponed public sale on a date other than the date described in the new public notice of the public sale; (4) Delaying the delivery of the recorded, conformed copy of the conveyance document to a bona fide purchaser who purchases in good faith for more than sixty days after the completion of the public sale; (5) Completing nonjudicial foreclosure proceedings during short sale escrows with a bona fide purchaser if the short sale offer is at least ten per cent greater than the public sale price; provided that escrow is opened within ten days and closed within forty-five days of the public sale ; and provided further that a bona fide short sale purchaser shall have priority over any other purchaser; (6) Completing nonjudicial foreclosure proceedings during bona fide loan modification negotiations with the mortgagor; or (7) Completing nonjudicial foreclosure proceedings against a mortgagor who has been accepted or is being evaluated for consideration for entry into any federal loan modification program before obtaining a certificate or other documentation confirming that the mortgagor is no longer eligible for, or an active participant of , that federal program .
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.