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Hawaii Revised Statutes

Haw. Rev. Stat. § 667-51 (2026)

]  Appeals

✓ current as of July 2026
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     [§667-51]  Appeals.  (a)  Without limiting the class of orders not specified in section 641-1 from which appeals may also be taken, the following orders entered in a foreclosure case shall be final and appealable:

     (1)  A judgment entered on a decree of foreclosure, and if the judgment incorporates an order of sale or an adjudication of a movant's right to a deficiency judgment, or both, then the order of sale or the adjudication of liability for the deficiency judgment also shall be deemed final and appealable;

     (2)  A judgment entered on an order confirming the sale of the foreclosed property, if the circuit court  expressly finds that no just reason for delay exists, and certifies the judgment as final pursuant to rule 54(b) of the Hawaii rules of civil procedure; and

     (3)  A deficiency judgment; provided that no appeal from a deficiency judgment shall raise issues relating to the judgment debtor's liability for the deficiency judgment (as opposed to the amount of the deficiency judgment), nor shall the appeal affect the finality of the transfer of title to the foreclosed property pursuant to the order confirming sale.

     (b)  An appeal shall be taken in the manner and within the time provided by the rules of court. [L 2003, c 89, §2]

 

Case Notes

 

  Intermediate court of appeals had jurisdiction over the circuit court's order granting motion to dismiss counterclaims and order denying motion for reconsideration and certification because the judgment on the foreclosure decree was "final" and "appealable" under subsection (a) and, thus, was a final judgment under §641-1.  139 H. 361, 390 P.3d 1248 (2017).

 

 

Notes of Decisions
Cited in 29 cases (19 in the last 5 years), 2005–2025 · leading case: Bank of Am., N.A. v. Reyes-Toledo., 390 P.3d 1248 (Haw. 2017).
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Bank of Am., N.A. v. Reyes-Toledo., 390 P.3d 1248 (Haw. 2017). · cites it 15× “The ICA reasoned that it had jurisdiction over the appeal of the Judgment on the Foreclosure Decree as a final and appealable order under Hawaii Revised Statutes (HRS) § 667-51(a)(1) but that HRS § 667-51 did not provide appellate jurisdiction over the orders regarding the…”
HawaiiUSA Fed. Credit Union v. Monalim., 464 P.3d 821 (Haw. 2020). · cites it 11× “We concluded that because the issue of standing could have been raised at any time, it was not “unique” to the confirmation of sale and should therefore have been challenged 10 Although the court did not cite HRS § 667-51(a) as a basis for its decision in Wise, its holding is…”
Waikiki v. Ho'omaka Vill. Ass'n of Apt. Owners, 398 P.3d 786 (Haw. 2017). · cites it 4× “HRS § 667-51 governs appeals in foreclosure cases.”
Hawaii Ventures, LLC v. Otaka, Inc., 164 P.3d 696 (Haw. 2007). · cites it 2× “; and (3) A deficiency judgment; provided that no appeal from a deficiency judgment shall raise issues relating to the judgment debtor’s liability for the deficiency judgment (as opposed to the amount of the deficiency judgment), nor shall the appeal affect the finality of the…”
Chang v. Buffington, 256 P.3d 694 (Haw. 2011). · cites it 4× “, HRS § 667-51(a) (specifying orders entered in a foreclosure case that "shall be final and appealable," despite lack of conformity with HRS § 641-1).”
City Bank v. Abad, 105 P.3d 1212 (Haw. App. 2005). · cites it 2× “Laws, Act 89, commencing May 27, 2003, HRS § 667-51 states as follows: Appeals, (a) Without limiting the class of orders not specified in section 641-1 from which appeals may also be taken, the following orders entered in a foreclosure case shall be final and appealable: (1) A…”
Summit Creditors' Trust v. Hawaii Forest Pres., LLC (In Re Metro. Mortg. & Sec., Co.), 448 B.R. 527 (D. Haw. 2011). · cites it 2× “See HRS § 667-51. Whether a judgment is appealable, however, does not determine whether it is a "money judgment” or whether post-judgment interest should accrue.”
PNC Bank, Nat'l Ass'n v. Reyna (Haw. App. 2020). · cites it 6× “NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER When an aggrieved party desires to assert an appeal in a foreclosure case, Hawaii Revised Statutes (HRS) § 667-51(a) (2016) authorizes the party to assert an appeal from three different parts of the foreclosure…”
Green Tree Servicing LLC. v. Thomas (Haw. App. 2023). · cites it 5× “The Judgment on Confirmation Order is certified under 3 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER HRCP Rule 54(b) and appealable pursuant to Hawaii Revised Statutes (HRS) § 667-51(a)(2) (2016), and Thomas's October 26, 2018 notice of appeal timely…”
Hines v. Wilmington Saving Fund Soc'y FSB (D. Haw. 2020). · cites it 5× ““Under HRS § 667-51, foreclosure cases are bifurcated into two separately appealable parts: (1) the decree of foreclosure and order of sale appealable pursuant to HRS § 667-51(a)(1) and (2) all other orders that ‘fall within the second part of the bifurcated proceedings.”
Bank of Hawaii v. Mostoufi (Haw. App. 2023). · cites it 4× “HRS § 667-51 (2016) provides, in relevant part: (a) Without limiting the class of orders not specified in section 641-1 from which appeals may also be taken, the following orders entered in a foreclosure case shall be final and appealable: (1) A judgment entered on a decree of…”
Ewa Villages Owners Ass'n v. Tautua (Haw. App. 2025). · cites it 4× “"[T]he decree of foreclosure and order of sale are appealable pursuant to HRS § 667-51(a)(1) and (2)." Id. All other orders, including, Orders confirming sale, deficiency judgments, orders directing the distribution of proceeds, and other orders issued subsequent to the decree…”
Show all 29 citing cases →
— Haw. Rev. Stat. § 667-51(a) — 8 cases
Bank of Am., N.A. v. Reyes-Toledo., 390 P.3d 1248 (Haw. 2017). “The ICA reasoned that it had jurisdiction over the appeal of the Judgment on the Foreclosure Decree as a final and appealable order under Hawaii Revised Statutes (HRS) § 667-51(a)(1) but that HRS § 667-51 did not provide appellate jurisdiction over the orders regarding the…”
HawaiiUSA Fed. Credit Union v. Monalim., 464 P.3d 821 (Haw. 2020). “We concluded that because the issue of standing could have been raised at any time, it was not “unique” to the confirmation of sale and should therefore have been challenged 10 Although the court did not cite HRS § 667-51(a) as a basis for its decision in Wise, its holding is…”
Hawaii Ventures, LLC v. Otaka, Inc., 164 P.3d 696 (Haw. 2007). “; and (3) A deficiency judgment; provided that no appeal from a deficiency judgment shall raise issues relating to the judgment debtor’s liability for the deficiency judgment (as opposed to the amount of the deficiency judgment), nor shall the appeal affect the finality of the…”
Chang v. Buffington, 256 P.3d 694 (Haw. 2011). “, HRS § 667-51(a) (specifying orders entered in a foreclosure case that "shall be final and appealable," despite lack of conformity with HRS § 641-1).”
In re: Application of Natalie Au Nishida, 499 P.3d 419 (Haw. App. 2021).
— Haw. Rev. Stat. § 667-51(a)(1) — 16 cases
Bank of Am., N.A. v. Reyes-Toledo., 390 P.3d 1248 (Haw. 2017). “The ICA reasoned that it had jurisdiction over the appeal of the Judgment on the Foreclosure Decree as a final and appealable order under Hawaii Revised Statutes (HRS) § 667-51(a)(1) but that HRS § 667-51 did not provide appellate jurisdiction over the orders regarding the…”
HawaiiUSA Fed. Credit Union v. Monalim., 464 P.3d 821 (Haw. 2020). “We concluded that because the issue of standing could have been raised at any time, it was not “unique” to the confirmation of sale and should therefore have been challenged 10 Although the court did not cite HRS § 667-51(a) as a basis for its decision in Wise, its holding is…”
Green Tree Servicing LLC. v. Thomas (Haw. App. 2023). “The Judgment on Confirmation Order is certified under 3 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER HRCP Rule 54(b) and appealable pursuant to Hawaii Revised Statutes (HRS) § 667-51(a)(2) (2016), and Thomas's October 26, 2018 notice of appeal timely…”
Deutsche Bank Nat'l Trust Co. v. Dressler (Haw. App. 2021).
PNC Bank, Nat'l Ass'n v. Reyna (Haw. App. 2020). “NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER When an aggrieved party desires to assert an appeal in a foreclosure case, Hawaii Revised Statutes (HRS) § 667-51(a) (2016) authorizes the party to assert an appeal from three different parts of the foreclosure…”
— Haw. Rev. Stat. § 667-51(a)(2) — 6 cases
HawaiiUSA Fed. Credit Union v. Monalim., 464 P.3d 821 (Haw. 2020). “We concluded that because the issue of standing could have been raised at any time, it was not “unique” to the confirmation of sale and should therefore have been challenged 10 Although the court did not cite HRS § 667-51(a) as a basis for its decision in Wise, its holding is…”
PNC Bank, Nat'l Ass'n v. Reyna (Haw. App. 2020). “NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER When an aggrieved party desires to assert an appeal in a foreclosure case, Hawaii Revised Statutes (HRS) § 667-51(a) (2016) authorizes the party to assert an appeal from three different parts of the foreclosure…”
The Bank of New York Mellon v. Deshaw, 538 P.3d 791 (Haw. App. 2023).
Ewa Villages Owners Ass'n v. Tautua (Haw. App. 2025). “"[T]he decree of foreclosure and order of sale are appealable pursuant to HRS § 667-51(a)(1) and (2)." Id. All other orders, including, Orders confirming sale, deficiency judgments, orders directing the distribution of proceeds, and other orders issued subsequent to the decree…”
Green Tree Servicing LLC. v. Thomas (Haw. App. 2023). “The Judgment on Confirmation Order is certified under 3 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER HRCP Rule 54(b) and appealable pursuant to Hawaii Revised Statutes (HRS) § 667-51(a)(2) (2016), and Thomas's October 26, 2018 notice of appeal timely…”
— Haw. Rev. Stat. § 667-51(a)(3) — 2 cases
HawaiiUSA Fed. Credit Union v. Monalim., 464 P.3d 821 (Haw. 2020). “We concluded that because the issue of standing could have been raised at any time, it was not “unique” to the confirmation of sale and should therefore have been challenged 10 Although the court did not cite HRS § 667-51(a) as a basis for its decision in Wise, its holding is…”
Bank of Hawaii v. Mostoufi (Haw. App. 2023). “HRS § 667-51 (2016) provides, in relevant part: (a) Without limiting the class of orders not specified in section 641-1 from which appeals may also be taken, the following orders entered in a foreclosure case shall be final and appealable: (1) A judgment entered on a decree of…”
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