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HRS §667-57When junior lenders must wait to foreclose
Read the official text at capitol.hawaii.gov ↗This section stops most junior lienholders from starting or continuing a nonjudicial foreclosure while a senior mortgagee's foreclosure is still going. There is an exception for associations, and special rules protect certain homeowners who live in their unit. It also covers what happens if a stay is in place.
The statute, as written — Suspension of foreclosure actions by junior lienholders
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) Upon initiation of a foreclosure action pursuant to part IA or part II by a foreclosing mortgagee, no junior lienholder, except for an association, shall be permitted to initiate or continue a nonjudicial foreclosure until the foreclosure initiated by the foreclosing mortgagee has been concluded by a judgment issued by a court pursuant to section 667-1.5, the recording of an affidavit after public sale pursuant to section 667-33, or the filing of an agreement under the mortgage foreclosure dispute resolution provisions of section 667-81 ; provided that if pursuant to part IA or part VI: (1) An association forecloses on a unit occupied by one or more mortgagors for whom the unit is and has been the person ' s primary residence for a continuous period of not less than two hundred days immediately preceding the date on which the notice is served; and (2) The mortgagee subsequently forecloses its lien on the same property , t hose mortgagors shall be deemed to be owner-occupants , as defined in section 667-1 , for the purpose of section 667-38 and shall retain their right to require the foreclosing mortgagee to participate in the procedures established under part V, notwithstanding the association ' s foreclosure . (b) Upon initiation of a foreclosure action pursuant to part II by a foreclosing mortgagee, no junior lienholder, except for an association, shall be permitted to initiate or continue a nonjudicial foreclosure during the pendency of a stay pursuant to section 667-83; provided that a junior lienholder may initiate or continue with a nonjudicial foreclosure if the junior lien foreclosure was initiated before the foreclosure action by the foreclosing mortgagee and if pursuant to part IA or part VI: (1) An association forecloses on a unit occupied by one or more mortgagors for whom the unit is and has been the person ' s primary residence for a continuous period of not less than two hundred days immediately preceding the date on which the notice is served; and (2) The mortgagee subsequently forecloses its lien on the same property , those mortgagors shall be deemed to be owner-occupants, as defined in section 667-1, for the purpose of section 667-38 and shall retain their right to require the foreclosing mortgagee to participate in the procedures established under part V, notwithstanding the association's foreclosure.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026 Sections this one refers to
§667-1 Definitions for foreclosure rules
§667-1.5 Court decides mortgage amount and foreclosure
§667-33 Recording the sale papers and what happens next
§667-38 No deficiency judgment against owner-occupants
§667-81 What happens after dispute resolution ends
§667-83 Stopping a foreclosure while you try to work it out
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.