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.
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.
808-523-9500 ยท hihomeownership.org
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.
(808) 587-0147 ยท dlnr.hawaii.gov/boc/
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.
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
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.
(808) 587-0147 ยท dlnr.hawaii.gov/boc/
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.
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.
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."
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.
808-537-9140 ยท hawaiilawyerreferral.com
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.
๐จ Post-Sale Scam Warning
After a distressed sale, your name appears in public records โ and scammers target that. Watch for these common schemes:
๐บ 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.orgHawai'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.orgLegal 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.orgVolunteer 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.orgHawai'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 MondayโFriday 8:30 a.m.โ4:30 p.m.
808-537-9140 ยท hawaiilawyerreferral.com๐ฐ 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 โNot 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."โข
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. MonโSat 8amโ6pm HST ยท 808-781-6951 ยท barbara@hawaiihomeadvocates.com