Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 667
Hawaii Revised Statutes

Haw. Rev. Stat. § 667-29 (2025)

  Authorized bidder; successful bidder

✓ laws through the 2025 session: the 2026 session is not included
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     §667-29  Authorized bidder; successful bidder.  Any person, including the foreclosing mortgagee, may bid for the mortgaged property at the public sale and purchase the mortgaged property.  The highest bidder who meets the requirements of the terms and conditions of the public sale shall be the successful bidder.  The public sale shall be considered as being held when the mortgaged property is declared by the foreclosing mortgagee as being sold to the successful bidder.  When the public sale is held, the successful bidder at the public sale, as the purchaser, shall make a nonrefundable downpayment to the foreclosing mortgagee of not less than ten per cent of the highest successful bid price; provided that if the successful bidder loses the bid to an eligible bidder pursuant to section 667-29.5, the downpayment shall be refunded.  If the successful bidder is the foreclosing mortgagee or any other mortgagee having a recorded lien on the mortgaged property before the recordation of the notice of default and intention to foreclose under section 667-23, the downpayment requirement may be satisfied by offset and a credit bid up to the amount of the mortgage debt. [L 1998, c 122, pt of §1; am L 2011, c 48, §28; am L 2025, c 105, §3]

 

 

Notes of Decisions
Cited in 3 cases, 2001–2020 · leading case: First Hawaiian Bank v. Timothy, 31 P.3d 205 (Haw. App. 2001).
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First Hawaiian Bank v. Timothy, 31 P.3d 205 (Haw. App. 2001). · cites it 3× “Additionally, HRS §§ 667-29 and 667-30 (Supp.2000) spell out, with much more precision, the obligations of a successful bidder at a nonjudicial mortgage foreclosure sale and the remedies available against a bidder who fails to complete his or her purchase of the mortgaged…”
Field v. Bank of Am., N.A. (In re Gibbs), 522 B.R. 282 (Bankr. D. Haw. 2014). · cites it 2× “Haw.Rev.Stat. § 667-29 (2010) ("If the successful bidder is the foreclosing mortgagee or any other mortgagee having a recorded lien on the mortgaged property before the recordation of the notice of default under section 667-23, the downpayment requirement may be satisfied by…”
OneWest Bank, F.S.B. v. Ass'n of the Owners of the Kumulani at the Uplands at Mauna Kea. ICA s.d.o., No. SCWC-16-0000123 (Haw. Jan. 9, 2020). · cites it 2× “” HRS § 667-29 (2016) (emphasis added). It further provides that the down payment of 21 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** a defaulting purchaser goes to the foreclosing mortgagee before another lienholder damaged by the breach: If the…”
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