Mortgage Foreclosures

In accordance with Act 48 (SLH 2011), which became effective May 5, 2011, the Hawaii Supreme Court issued temporary rules establishing a process by which an owner-occupant of a residential property subject to a non-judicial foreclosure may convert the action into a judicial foreclosure. The Temporary Rules, a Certified Conversion Petition form, a Submission Statement (a form by which co-owners and co-signers may agree to submit the case to the courts), and form Judgments are available on the Judiciary’s website. Please see this link for a sample Declaration in Support of Request to Proceed In Forma Pauperis for Mortgage Foreclosure Conversion Petition.

Please note that the information provided in the Frequently Asked Questions (FAQs) are for informational purposes only.  They are not intended to provide legal advice nor should they be cited as legal authority.

Because the Judiciary is unable to provide legal advice, parties are strongly encouraged to seek the services of an attorney.  The following organizations may be able to offer assistance:

1. The Lawyer Referral Information Service sponsored by the Hawaii State Bar Association, at (808) 537-9140.
2. The Legal Aid Society of Hawaii at (808) 536-4302 (Oahu) or 1-800-499-4302 (Neighbor Islands); or
3. Volunteer Legal Services Hawaii at (808) 528-7046 (Oahu) or 1-800-839-5200 (Neighbor Islands).

If you are interested in obtaining information about the Mortgage Foreclosure Dispute Resolution Program, please call the Department of Commerce and Consumer Affairs at (808) 587-3222 or (800) 394-1902 (if you are calling from a Neighbor Island).

Click here for the number of judicial foreclosure cases filed since 2010 and conversion petitions filed since May 5, 2011.