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William B. Esq.
William B. Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 3692
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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In state of Hawaii, how long from notice to proceed with hoa

Customer Question

In state of Hawaii, how long from notice to proceed with hoa foreclosure to loosing condo
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

In Hawaii, the non-judicial foreclosure process usually takes approximately 60 - 90 days after the notice is initially given. However, there is no statutory right of redemption, which means that once the sale has taken place, the owner has no right to redeem the home.

William B. Esq. :

If you are able to make arrangements to pay the amount due (plus any costs incurred by the HOA due to the foreclosure process itself), prior to the sale, you can act to stop the foreclosure, but you must be able to pay 100% unless the HOA is willing to accept less in settlement.

William B. Esq. :

The HOA may also be interested in pursuing the matter through a judicial foreclosure (or simply to get a judgment) in which case the timeline is different (it usually takes a little bit longer). These times are just for reference only, and the actual proceedings may be shorter or longer depending on how aggressive the HOA is and how prompt the trustee is to carry out the sale itself (posting notice, securing an auction date, etc.).

William B. Esq. :

I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.


Thank you for using our service, please do not forget to rate my answer when you are satisfied. I am going to transfer our conversation to the "Q&A" format to ensure you can review the entire response and that I can follow up to any questions you may have quickly. I do wish you the best of luck in this matter.

Customer: Hi Bill. Thks for your reply. I was required to get 13k to them on 9/30. I cannot get it to them until 10/7. Will they still proceed to begin the foreclisure process. Also can we still remain in our condo during the foreclisure 60 day process.
Expert:  William B. Esq. replied 1 year ago.
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Expert:  William B. Esq. replied 1 year ago.
Whether or not the HOA will allow you to extend the repayment deadline is a matter of agreement between you and the HOA (as a practical matter, most HOAs prefer to keep the owner in the unit as the foreclosure process is "out of pocket" money that the HOA has to spend up front, and it is difficult to move the property in a sale (this does not mean they will not do it, it does happen, just that the HOA may be willing to give you another week if you have a realistic chance of coming up with the funds).

You can remain in the unit during the foreclosure process. Once it is sold, the property becomes someone else's.

After the sale, you can continue to remain there as a "holdover tenant" until the new owner evicts you through an unlawful detainer lawsuit. This is not a particularly pleasant experience (you are not the owner, and you have no legal right to live there), but you can remain in the home until this process is completed as well (usually another month to month and a half, but again it can vary).
William B. Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 3692
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
William B. Esq. and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.
Bill, we have had our condo there for 13 years and know all the folks and great times. My wife had serious surgery this year and long recovery. Lots of medical expenses reduced our general fund this was all conveyed to our HOA. We we have 200k equity and on the market for sale for now 4 weeks and good action. Figured they would work with us but I guess not the case. what is your opinion. Will they really proceed with foreclose or work with us for a few weeks. Thks. Jim
Expert:  William B. Esq. replied 1 year ago.
I cannot promise anything regarding this, each HOA is different (some are more aggressive than others), but there are significant incentives to working with the owners as opposed to moving forward with a foreclosure.

While the HOA may have to wait a while longer to get money from a sale, the foreclosure costs more money up front, and the HOA may end up owning a unit for a period of time (which most HOAs want to avoid).

I hope that your HOA is reasonable with you and can give you an extra couple of days.

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William B. Esq.
William B. Esq.
Real Estate Lawyer
3692 Satisfied Customers
I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.