Haw. Rev. Stat. § 667-29.5 § 667-29.5
Eligible bidder; subsequent bid.
Operative Text
(a) Notwithstanding any other law to the contrary, the public sale of a mortgaged property under a power of sale foreclosure process pursuant to this part shall not be deemed final until the earliest of the following: (1) Fifteen days after the public sale, unless at least one or more eligible bidders submits a: (A) Subsequent bid that is equal to or exceeds the amount of the latest and highest bid of the successful bidder under section 667-29; or (B) Nonbinding written notice of intent to place a subsequent bid. The bid or written notice of intent to place a subsequent bid shall be sent to the mortgagee by certified mail, overnight delivery, or another method that allows for confirmation of the delivery date and shall be received by the mortgagee no later than fifteen days after the public sale; or (2) Forty-five days after the public sale; provided that during the forty-five-day period, an eligible bidder may submit a subsequent bid in an amount that is equal to or exceeds the latest and highest bid of the successful bidder under section 667-29. (b) If an eligible bidder submits a subsequent bid that is equal to or exceeds the amount of the latest and highest bid of the successful bidder under section 667-29, the eligible bidder shall be the final successful bidder and make the nonrefundable downpayment required under section 667-29. (c) For the purposes of this section: "Eligible bidder" means: (1) An eligible tenant buyer; (2) A prospective owner-occupant; (3) A nonprofit corporation whose primary activity is the development and preservation of affordable housing; (4) A community land trust; or (5) A state or county government department or agency. "Eligible tenant buyer" means a natural person who, at the time of a public sale, is: (1) Occupying the mortgaged property as the person's primary residence; (2) Occupying the mortgaged property under a rental or lease agreement; and (3) Not the mortgagor or the child, spouse, or parent of the mortgagor. "Prospective owner-occupant" means a natural person who presents to the mortgagee an affidavit stating that the person: (1) Will occupy the mortgaged property as the person's primary residence within sixty days of the deed being recorded; (2) Will maintain the person's occupancy in the mortgaged property for at least one year; (3) Is not the mortgagor or the child, spouse, or parent of the mortgagor; and (4) Is not acting as the agent of any other person or entity in purchasing the mortgaged property. [L 2025, c 105, pt of §2]
Under Haw. Rev. Stat. § 667-29.5, a power-of-sale foreclosure auction in Hawaii is not considered final the moment the gavel falls. Certain preferred buyers — including current tenants, prospective owner-occupants, qualifying nonprofits, community land trusts, and government agencies — have a window of up to 45 days after the public sale to submit a competing bid that matches or exceeds the winning auction price. If such an 'eligible bidder' successfully submits a qualifying subsequent bid, that bidder becomes the final purchaser and must make the required nonrefundable downpayment. The provision effectively creates a post-auction right of first opportunity for community-oriented and owner-occupant buyers.
Plain English — not legal advice.
Mortgagees and their servicers operating under Hawaii's power-of-sale foreclosure process should be aware that § 667-29.5 imposes a mandatory post-sale waiting period before any auction result is treated as final. Compliant operators typically track the 15-day window for receiving subsequent bids or written notices of intent by certified mail or another confirmable delivery method, and maintain readiness to accept qualifying bids through the full 45-day period. Operators generally document all communications with potential eligible bidders carefully, since the final successful bidder — and the associated nonrefundable downpayment obligation — may change if a qualifying subsequent bid is received within the statutory timeframe.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Haw. Rev. Stat. § 667-29.5 may be directly relevant to tenants living in a property that is sold through a power-of-sale foreclosure auction. A tenant who qualifies as an 'eligible tenant buyer' under this section — meaning they occupy the property as a primary residence under a rental or lease agreement and are not related to the mortgagor — may have the right to submit a subsequent bid matching the auction's winning price within 15 to 45 days of the sale. Tenants who believe they may qualify can explore this right by contacting a tenant-rights organization, a HUD-approved housing counselor, or an attorney familiar with Hawaii foreclosure law to understand the notice and delivery requirements that apply.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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