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

Haw. Rev. Stat. § 667-40 (2026)

  Use of power of sale foreclosure in certain non-mortgage situations

✓ current as of July 2026
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     §667-40  Use of power of sale foreclosure in certain non-mortgage situations.  A power of sale foreclosure under this part may be used in certain non-mortgage situations where a law or a written document contains, authorizes, permits, or provides for a power of sale, a power of sale foreclosure, a power of sale remedy, or a nonjudicial foreclosure.  These laws or written documents are limited to those involving time share plans, condominium property regimes, and agreements of sale, and commercial property assessed financing assessments imposed pursuant to section 196-64.5. [L 1998, c 122, pt of §1; am L 2024, c 41, §11]

 

 

Notes of Decisions
Cited in 3 cases, 2018–2020 · leading case: Sakal v. Ass'n of Apt. Owners of Hawaiian Monarch, 426 P.3d 443 (Haw. App. 2018).
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Sakal v. Ass'n of Apt. Owners of Hawaiian Monarch, 426 P.3d 443 (Haw. App. 2018). · cites it 12× “HRS § 667-40 (2016), which is contained in Part II of HRS chapter 667, specifically provided, and still provides, that a power of sale foreclosure pursuant to Part II can be conducted in certain non-mortgage situations where a law or written document "contains, authorizes,…”
Malabe v. Ass'n of Apt. Owners of Exec. Centre. (Haw. 2020). · cites it 14× “HRS § 667-40, which is within Part II of Chapter 667, however, provided that Part II of HRS Chapter 667 procedures can be followed if “a law .”
Galima v. Ass'n of Apt. Owners of Palm Court (D. Haw. 2020). · cites it 2× “As evidence of the legislative intent in 1999, and in relevant years thereafter, Act 282 cited: Haw. Rev. Stat. § 667-40 , which was enacted in 1998; 1999 Haw.”
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