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Surplus funds in Hawaii.

When a property in Hawaii sells at a tax sale or a foreclosure sale for more than what was owed, the extra can belong to the former owner. Here is who holds it, the law behind it, and every county office linked so you can check for yourself, free.

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Foreclosure sales here

Both judicial and non-judicial.

Our fee here

We don't offer paid help in Hawaii. You can claim surplus here yourself, free; see below.

Tax sale surplus

Each county runs its own real property tax sales; the Hawaii Constitution gives the counties all functions relating to real property taxation. In Honolulu, the taxpayer can redeem within one year of the sale (or of the deed's recording, if the deed is recorded more than 60 days after the sale). If the director is unsure who is entitled to the surplus, the director can refuse to pay it out; any claimant can then sue in the first circuit court, and the director can require claimants to interplead.

Foreclosure surplus

Foreclosure type
Both
Who holds the surplus

Judicial foreclosure: the case is in circuit court, and the sale proceeds are paid out by lien priority under the court's judgment. Non-judicial power-of-sale (HRS 667 Part II): the foreclosing mortgagee. Condo/HOA alternate power of sale (Part VI): the association.

In a judicial foreclosure (foreclosure by action in circuit court, HRS 667-1.5), creditors are paid by the priority of their liens, any surplus goes to junior mortgages and liens in order, and the remainder is paid to the owner (HRS 667-3, 667-10). In a non-judicial power-of-sale or association foreclosure, the foreclosing mortgagee or association must pay valid junior liens and then distribute any remaining surplus to the mortgagor or unit owner (HRS 667-31, 667-100). The former owner claims by asking the court in the foreclosure case (judicial) or the foreclosing party (non-judicial); no specific statutory claim deadline was found.

Fees and assignments. No specific statute found capping surplus-recovery fees or assignments. HRS ch. 480E (Mortgage Rescue Fraud Prevention Act) regulates paid 'mortgage assistance relief services' and distressed-property conveyances; its list of covered services does not include recovering surplus after a foreclosure or tax sale.

Claiming it yourself

We don't offer paid help in Hawaii. You can claim surplus here yourself, free.

See the free self-filing steps →

Every Hawaii county office(4)

Surplus is public record. Call the office that held the sale with the parcel or case number; in most places it will confirm whether a surplus exists, how much, and the deadline. Self-filing is free. Each entry links the county's tax office and court clerk where the directory lists them, plus the full set of county offices.

Each dot is a county below. Pick one from the list to see it up close.© OpenStreetMap contributors

Check this yourself

This page is plain-language orientation, not legal advice. Statutes were checked against official sources in October 2026, and county links come from the NETR public-records directory, an independent resource. Laws and county procedures change, so confirm with the office before you rely on any of it. You can always file a claim yourself with no recovery fee (a court or notary may charge a small fee).