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๐ŸŒ… After the Sale

Close This Chapter Cleanly

You sold your distressed home and hopefully protected some of your equity. This hard decision took courage. Now keep going โ€” make sure the paperwork, the court, and your credit all reflect the fresh start you've earned.

"Understanding Makes All the Difference."โ„ข

๐Ÿ“„ Free 8-page guide Download Free Guide
Key fact: Selling a home under pressure โ€” a short sale, a sale before auction, a sale to resolve a lien โ€” does not automatically tie up every loose end. The closing table is the beginning of the cleanup, not the end of it.
โš ๏ธ Many homeowners walk away believing it's all behind them, then discover months later that a lien was never released or a court case was never dismissed. Here are five steps that close the chapter cleanly โ€” no surprises allowed.

The Five Steps After You Sell

Work through these in order. Some take a few days; the recording and credit steps can take weeks. Start them now rather than waiting. They are important enough to put them on your calendar with alerts.

1 Get payoff confirmation from your lender

Request a written statement from your lender confirming the loan was paid in full at closing. This is your proof the debt is satisfied. Ask escrow for it too โ€” they often have it first.

Why it matters: Without written confirmation, there's no clean record that the obligation ended. Keep this document permanently.
Hawai'i HomeOwnership Center (HHOC) โ€” Free post-sale counseling and guidance on next steps.
808-523-9500 ยท hihomeownership.org
2 Request the Reconveyance Deed or Release of Lien

When a mortgage is paid off, the lender must record a Reconveyance Deed (or Release of Lien) at the Bureau of Conveyances (BOC) โ€” typically within 30 to 60 days. This is the document that legally clears the lien off your title.

Do not assume it happens automatically. Follow up with the lender in writing, and confirm it was actually recorded at the BOC.

Verify it yourself: You can search recorded documents free at dlnr.hawaii.gov/boc/ โ€” no cost to verify. If you need a printed copy of the document, the fee is $1 per page. If 60 days pass with no recording, call your lender and put the request in writing.
Bureau of Conveyances (BOC) โ€” Verify lien releases and reconveyance deeds are recorded.
(808) 587-0147 ยท dlnr.hawaii.gov/boc/
3 Dismiss the foreclosure court case (if it was judicial)

If your situation involved a judicial foreclosure โ€” a case filed in court โ€” selling the home does not automatically close that case. The lender's attorney should file a Notice of Dismissal or a Stipulation for Dismissal with Prejudice with the First Circuit Court in Honolulu.

"With prejudice" matters: it means the case cannot be refiled. Confirm in writing that the dismissal was filed and ask for a copy.

Don't let this sit: An open court case can continue to show up in searches and cause confusion. This is one of the most commonly missed steps.
Volunteer Legal Services Hawai'i โ€” Free civil legal help for qualifying low-income residents โ€” can assist with confirming case dismissals and related housing legal matters.
808-528-7046 ยท vlsh.org

First Circuit Court โ€” Honolulu โ€” Confirm judicial foreclosure cases are formally dismissed.
(808) 539-4767 ยท courts.state.hi.us
4 Understand what stays on public record

Here's an honest truth: a recorded Notice of Default does not get erased. Once the situation is resolved, the public record is updated to show it as resolved โ€” but the original filing remains part of the property's history.

This is normal and expected. What matters is that the record clearly shows the matter was closed, not that it never existed. Keep your payoff letter and reconveyance deed as your own proof of resolution.

Bureau of Conveyances (BOC) โ€” Search your property record to confirm resolution is accurately shown.
(808) 587-0147 ยท dlnr.hawaii.gov/boc/
5 Check your credit report โ€” confirm "Paid," not "Foreclosure"

Pull your free credit report at annualcreditreport.com a month or two after closing. Confirm the mortgage account reads as "Paid," "Settled," or "Paid โ€” Short Sale," and not as an open foreclosure.

If it still shows incorrectly, dispute it in writing with the credit bureau and include your payoff confirmation as evidence. Errors here are common and worth fixing โ€” they directly affect when you can buy again.

Keep everything forever: Closing documents, payoff letter, reconveyance deed, dismissal paperwork. Store them somewhere safe. You may need them years from now.
annualcreditreport.com โ€” Free report. Confirm it shows Paid or Settled โ€” not Foreclosure.

Hawai'i HomeOwnership Center (HHOC) โ€” Free credit counseling and rebuild planning.
808-523-9500 ยท hihomeownership.org

Financial & Tax Consequences โ€” What Doesn't Close Automatically

The five steps above close the paperwork trail. But selling a distressed home can also trigger tax obligations and leave financial loose ends that are easy to miss โ€” and costly if you do.

6 The 1099-C โ€” forgiven debt may be taxable income

If your lender forgave any deficiency as part of your short sale or deed-in-lieu, they will send you IRS Form 1099-C (Cancellation of Debt). The IRS treats the forgiven amount as taxable income โ€” even though you never received cash. This is called "phantom income."

QPRI exclusion โ€” expired January 1, 2026: The exclusion that allowed homeowners to exclude forgiven mortgage debt from income has expired. If your written short sale agreement was signed before January 1, 2026, you may still qualify. If signed after that date, the QPRI exclusion is not available for your situation.
Insolvency exclusion โ€” still available: If your total liabilities exceeded your total assets at the time the debt was forgiven, you may be able to exclude some or all of the forgiven amount using the insolvency exclusion. File Form 982 with your tax return to claim it.
Do not ignore a 1099-C. The IRS receives the same form your lender sends you. Failing to address it triggers notices and potential penalties. Bring it to a CPA before filing โ€” a tax professional familiar with Hawai'i real estate can identify which exclusion applies to your situation.
7 Confirm the deficiency was waived โ€” get it in writing

In a short sale, your lender typically agrees to forgive the deficiency โ€” the difference between what you owed and what the home sold for. But "agreed verbally" is not enough. You need written confirmation that the lender will not pursue you for the remaining balance.

What to look for: Your short sale approval letter should state that the lender accepts the sale proceeds as full satisfaction of the debt and waives the right to pursue a deficiency judgment. If your letter does not say this clearly, contact the lender's short sale department in writing and request a deficiency waiver confirmation before you file your taxes.
Hawai'i State Bar โ€” Lawyer Referral Service โ€” Get matched with a licensed Hawai'i attorney to review your short sale documents. Many offer a free first consultation.
808-537-9140 ยท hawaiilawyerreferral.com
8 HOA super-lien โ€” confirm it was paid at closing

In Hawai'i, up to six months of unpaid HOA or condo association assessments carry "super-lien" status under HRS ยง421J-10.5 and ยง514B-146. This means they are paid before other liens โ€” including the first mortgage โ€” at closing. If HOA dues were past due when your home sold, they should have been settled from the sale proceeds.

Confirm with your HOA: Request a written statement from your homeowners or condo association confirming your account is at zero balance after the sale. An unresolved HOA lien can create credit and legal complications even after the sale closes.

๐Ÿšจ Post-Sale Scam Warning

After a distressed sale, your name appears in public records โ€” and scammers target that. Watch for these common schemes:

Buyback or rent-to-own traps: Someone offers to sell you your home back or rent it with an option to buy. Once you sign, you become a tenant with no ownership rights and terms nearly impossible to meet.
Fraudulent credit repair: No company can legally remove accurate negative information from your credit report. Free credit counseling is available through the Hawai'i HomeOwnership Center at no cost.
Unsolicited "loan forgiveness" offers: If someone contacts you claiming they can eliminate your 1099-C tax liability for a fee, this is almost always a scam. A licensed CPA can help you for a fraction of the cost โ€” legitimately.
Report scams: Hawai'i Office of Consumer Protection โ€” (808) 587-2712 ยท consumer.hawaii.gov

๐ŸŒบ A Real Example โ€” Charlene's Situation

Charlene's family went through a Notice of Default and foreclosure process in Wahiawฤ before resolving it through a sale. After her home sale she still needs to follow all these steps to ensure her financial records are cleared. As stated, the closing table starts the cleanup โ€” these steps can put you on the path to a full recovery.

You made the hard decision. Now finish it cleanly โ€” and close this chapter for good.

Resources for Recovery & New Beginnings

About free legal help in Hawai'i: Truly free legal representation for housing matters is very limited. Most free resources provide legal information or referrals โ€” not an attorney who will represent you. The Hawai'i State Bar Lawyer Referral Service (808-537-9140) is the most reliable path to a licensed attorney; many offer a free first consultation. Be clear on what each resource offers before counting on it.

Legal Navigator Hawai'i โ€” Start Here

Free online self-help platform built by Legal Aid Society of Hawai'i. Use it to understand your legal situation, get a guided action plan, access court forms, and find the right organizations for your specific problem. Provides legal information, not legal advice or representation.

legalnavigatorhawaii.org

Hawai'i HomeOwnership Center (HHOC)

HUD-approved nonprofit โ€” free post-sale counseling and guidance as you transition to your next chapter.

808-523-9500  ยท  hihomeownership.org

Legal Aid Society of Hawai'i

Elder Law Services โ€” for seniors age 60+ only. Legal Aid's Elder Law Services program offers free advance planning documents for qualifying residents age 60 and over: Advance Health Care Directive (AHCD), Power of Attorney for Financial Decisions, and Simple Wills. This program does not cover housing, foreclosure, benefits, or other legal matters. For housing and foreclosure legal help, use Volunteer Legal Services Hawai'i or the Hawai'i State Bar Lawyer Referral Service (see below).

808-536-4302 (O'ahu)  ยท  1-800-499-4302 (Neighbor Islands)  ยท  legalaidhawaii.org

Volunteer Legal Services Hawai'i

Free civil legal help for qualifying low-income O'ahu residents โ€” covers housing, landlord-tenant, bankruptcy, estate planning, and veterans benefits. Apply online or call for intake.

808-528-7046 (O'ahu)  ยท  1-800-839-5200 (Neighbor Islands)  ยท  vlsh.org

Hawai'i State Bar โ€” Lawyer Referral Service

Get matched with a licensed Hawai'i attorney in your area of need. Many attorneys offer a free or reduced-fee first consultation. Available Mondayโ€“Friday 8:30 a.m.โ€“4:30 p.m.

808-537-9140  ยท  hawaiilawyerreferral.com

๐Ÿ’ฐ Grants & Financial Assistance Programs

View 25+ military, state, and nonprofit programs to help with housing needs, utilities, emergency assistance, and rebuilding after a loss.

Browse All Programs โ†’

Not Sure Which Steps Still Apply to You?

Every sale is a little different. If you're not sure whether your lien was released or your case was dismissed, let's walk through it together โ€” free, no obligation.

Talk With Barbara โ†’

"Informed Decisions are the Best Decisions."โ„ข

Barbara Coote is a licensed Hawai'i REALTORยฎ affiliated with Coldwell Banker Realty and a real estate investor. Hawai'i Home Advocates LLC provides free homeowner education. This is not legal or financial advice โ€” for legal or tax matters, consult a licensed Hawai'i attorney or CPA. Monโ€“Sat 8amโ€“6pm HST ยท 808-781-6951 ยท barbara@hawaiihomeadvocates.com