Surplus funds in Hawaii: the rules, straight.
We recover foreclosure surplus, tax sale overages, and vehicle/boat/RV repossession surplus here.
Foreclosure / mortgage surplus
Yes — we recover this here.
Foreclosing mortgagee distributes costs, debt, then junior liens in priority; remainder to the mortgagor (HRS § 667-31(b); § 667-10). Demand to mortgagee; interpleader if contested.
HRS §§ 667-3, 667-10, 667-31: surplus to mortgagor/owner. No pre-escheat fee cap or assignment bar found. HRS 480E regulates distressed-property consultants — do not paper owners still in foreclosure as a rescue consultant.
Tax sale overages
Yes — we recover this here.
County finance director sells; surplus 'to the person thereto entitled' (Honolulu ROH § 8-5.2; HRS § 231-63 analog). Written claim; circuit-court interpleader if entitlement is unclear.
Statewide HRS ch. 246 repealed 2016 (L 2016, c 52); counties run tax sales. Surplus already returned pre-Tyler. No fee cap or assignment bar found. LienSuite 1-yr deadline is secondary — not in remaining state statute.
Courtroom requirement: Process here varies enough that we route files through counsel review — included in the same contingency deal.
If nobody claims it: No fixed pre-escheat surplus clock found. County/court leftovers later UP; then 24-mo bar + 25% cap (HRS § 523A-25). Vessel leftover: 1 yr with Finance then state (§ 200-54).
Cars, boats & RVs in Hawaii: Vehicle/boat/RV repo surplus: UCC § 9-615(d) obliges the LENDER to return the surplus; § 9-616 explanation on request; § 9-625(c)(2) statutory damages for noncompliance. Demand-letter work against the secured party — no county, no state surplus-fee cap in this table.
This page summarizes public statutes for general information — it is not legal advice, rules change, and unverified items are confirmed by our desk (and counsel where needed) before any agreement is papered. Primary source: https://law.justia.com/codes/hawaii/title-36/chapter-667/section-667-31/ · https://law.justia.com/codes/hawaii/title-36/chapter-667/section-667-10/
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