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

Haw. Rev. Stat. § 667-33 (2026)

  Recordation of affidavit, conveyance document; effect

✓ current as of July 2026
Find cases: SyfertCases citing this section HI-LEGcapitol.hawaii.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

     §667-33  Recordation of affidavit, conveyance document; effect.  (a)  The affidavit required under section 667-32 and the conveyance document shall be recorded no earlier than ten days after the public sale is held but not later than forty-five days after the public sale is held.  The affidavit and the conveyance document may be recorded separately and on different days.  After the recordation, the foreclosing mortgagee shall mail or deliver a recorded copy to those persons entitled to receive the public notice of the public sale under section 667-27(c).

     (b)  When both the affidavit and the conveyance document are recorded:

     (1)  The sale of the mortgaged property is considered completed;

     (2)  All persons claiming by, through, or under the mortgagor and all other persons having liens on the mortgaged property junior to the lien of the foreclosing mortgagee shall be forever barred of and from any and all right, title, interest, and claims at law or in equity in and to the mortgaged property and every part of the mortgaged property, except as otherwise provided by law;

     (3)  The lien of the foreclosing mortgagee and all liens junior in priority to the lien of a foreclosing mortgagee shall be automatically extinguished from the mortgaged property; and

     (4)  The purchaser shall be entitled to immediate and exclusive possession of the mortgaged property.

     (c)  The mortgagor and any person claiming by, through, or under the mortgagor and who is remaining in possession of the mortgaged property after the recordation of the affidavit and the conveyance document shall be considered a tenant at sufferance subject to eviction or ejectment.  The purchaser may bring an action in the nature of summary possession under chapter 666, ejectment, or trespass or may bring any other appropriate action in a court where the mortgaged property is located to obtain a writ of possession, a writ of assistance, or any other relief.  In any such action, the court shall award the prevailing party its reasonable attorney's fees and costs and all other reasonable fees and costs, all of which are to be paid for by the non-prevailing party. [L 1998, c 122, pt of §1; am L 2012, c 182, §23]

 

 

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2014–2024 · leading case: Sakal v. Ass'n of Apt. Owners of Hawaiian Monarch, 426 P.3d 443 (Haw. App. 2018).
Sort: Relevance Newest Treatment
Sakal v. Ass'n of Apt. Owners of Hawaiian Monarch, 426 P.3d 443 (Haw. App. 2018). · cites it 7× “HSBC does not establish or explicate an exception to HRS § 667-33 and HRS § 667-102. We reject, however, the AOAO's assertion that Lee v.”
Krog v. Koahou (Haw. 2014). · cites it 24× “4 *** NOT FOR PUBLICATION IN WEST’S HAWAI#I REPORTS AND PACIFIC REPORTER *** supersedeas bond was insufficient because, as the prevailing party, Respondent was entitled to an award of attorneys’ fees and costs pursuant to HRS § 667-33(c) (Supp. 2011).2 Respondent stated,…”
Saplan v. U.S. Bank Nat'l Ass'n, 528 P.3d 257 (Haw. App. 2023). · cites it 3× “6 Both the judgment and the writ had 5 HRS § 667-33 addresses the process after sale of a property subject to non-judicial foreclosure, and subsection (c) provides in relevant part: The mortgagor and any person claiming by, through, or under the mortgagor and who is remaining in…”
Puu Heleakala Cmty. Ass'n v. Collins (Haw. App. 2024). · cites it 2× “Collins cites HRS § 667-33 (2016) and contends that the foreclosure on the Property extinguished junior liens against the Property.”
— Haw. Rev. Stat. § 667-33(c) — 1 case
Krog v. Koahou (Haw. 2014). “4 *** NOT FOR PUBLICATION IN WEST’S HAWAI#I REPORTS AND PACIFIC REPORTER *** supersedeas bond was insufficient because, as the prevailing party, Respondent was entitled to an award of attorneys’ fees and costs pursuant to HRS § 667-33(c) (Supp. 2011).2 Respondent stated,…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.