Mortgage foreclosure surplus

Haw. Rev. Stat. ch. 667 governs mortgage foreclosure. Section 667-10 directs application of sale proceeds and payment of any remaining surplus to the mortgagor or other person entitled to it. Identify the applicable judicial or power-of-sale part before citing procedures. Section 667-10 states no fixed deadline to request remaining proceeds. A foreclosure redemption or challenge deadline concerns the property or sale, not a universal cutoff for claiming surplus. Check the sale record and applicable claim or limitations law promptly.

Tax sale surplus

Real property taxation and tax foreclosure are administered by Hawaii’s four counties under their respective charters and ordinances; there is no single statewide county real-property tax-surplus section. The claim period depends on the county and sale. For example, Kaua‘i County Code art. 5 requires a written surplus claim to its director within one year after sale. Verify the current ordinance and notice for Honolulu, Hawai‘i, Maui, or Kaua‘i before stating a deadline.

Unclaimed funds

Hawaii Uniform Unclaimed Property Act, Haw. Rev. Stat. ch. 523A, especially § 523A-15 (claim to administrator). The state Department of Budget and Finance administers the program. HRS § 523A-15 does not impose a fixed initial owner-claim deadline for property held by the administrator. Identification and entitlement must be established; separate time limits may apply to litigation or county tax proceeds.

Fee and practice notes

Funds deposited in the state fund: a 24 month wait, then fees reported as capped at 25%.

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

• Tax sale surplus statute
• Mortgage foreclosure statute