Deeds of trust, while similar to a mortgage are not recognized in Hawaii. Foreclosures in Hawaii are either by judicial process, or where the mortgage contains a power of sale clause, the mortgagee may elect to proceed by non-judicial process. About half of the foreclosures in Hawaii are non-judicial but with continuous a acks on the legality of the process, many title insurers are beginning to once again require judicial foreclosure.
Judicial Foreclosure Guidelines The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used either when no power of sale is present in the mortgage or where the lender or title insurer wants judicial oversight of the process. Judicial foreclosures are more expensive and more time consuming, however there is assured finality with judicial supervision. A er service of the complaint, the borrower has 21 days to respond.