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Mortgage Foreclosure Dispute Resolution (MFDR) Program

Welcome to the Mortgage Foreclosure Dispute Resolution Program which houses the online filing portal for notice of public sale.

Act 48, SLH 2011, created the Mortgage Foreclosure Dispute Resolution Program (see FAQ file for the Act text and other information). With the assistance of the Judiciary Center for Alternative Dispute Resolution, DCCA has contracted with neutral services providers to supply qualified neutrals in order to facilitate dispute resolution between owner-occupants and their lenders.

Act 182, SLH 2012, changed the Mortgage Foreclosure Dispute Resolution Program by refining definitions, clarifying the applicability of the Unfair Deceptive Acts or Practices section, changing scheduling requirements to allow owner-occupants to meet Program deadlines more easily, and allowing owner-occupants to elect participation in the Program on our website. Act 182, SLH 2012 implemented the recommendations set forth by the 2011 Mortgage Foreclosure Task Force.

Mortgage Foreclosure Task Force pursuant to Act 182, Session Laws of Hawaii 2012 (the “Act”), section 20, the DCCA expanded its website for the Mortgage Foreclosure Dispute Resolution Program (https://mfdr.ehawaii.gov ) to permit mortgagees who have foreclosed owner-occupied property, nonjudicially, to fulfill a portion of their notice requirements online.  Per the Act, electronic publication costs $300 per notice.  An ehawaii.gov subscriber account is required to publish, but not to view, notices of public sale published in this manner.

Independent Foreclosure Review

The deadline to submit a request was December 31, 2012.
( Mortgage Foreclosure Review )

Foreclosure Notice Filings

Lenders who wish to file foreclosure notices in-person or via mail with DCCA-OCP may do so through our office at:

Mortgage Foreclosure Dispute Resolution Program
Leiopapa A Kamehameha Building, Room 801
235 South Beretania Street
Honolulu, HI 96813-2419

Please be sure to include your $250 filing fee.

Online Filing Portal

MFDR Filing Portal — View or publish Notice of Public Sale, file your foreclosure notices electronically, or view your dispute resolution case.

Lenders require an eHawaii.gov subscriber account. Create an Account .

Online Filing Portal FAQ

Information and FAQs

MFDR Program FAQs

Condominium FAQs

Electronic Publication of Notice of Public Sale FAQ

Director’s Final Order, in the Matter of the Petition for Declaratory Relief of Ekimoto & Morris, LLLC: MFDRP-DR-2011-1(PDF)

Hawaii-based HUD certified housing counselors and US Trustee Program approved budget and credit counselors

Mortgage Foreclosure Task Force

2011 Mortgage Foreclosure Dispute Resolution Program Annual Report to the Legislature(PDF)

2012 Mortgage Foreclosure Dispute Resolution Program Annual Report to the Legislature(PDF)

Joint State-Federal Mortgage Servicing Case Settlement, Department of the Attorney General

For additional information, please call (808)586-2886

MFDR Frequently Asked Questions

The Mortgage Foreclosure Dispute Resolution (MFDR) program provides an opportunity for owner-occupants of residential property in non-judicial foreclosure to meet face-to-face with their lenders to modify their loans or to work out a payment plan within three months. The program is established and administered by the Department of Commerce and Consumer Affairs – Office of Administrative Hearings (DCCA-OCP) with assistance from the Judiciary.

Once the lender files a notice of non-judicial foreclosure with DCCA, owner-occupants of residential property under foreclosure who have lived there for a minimum of 200 days are eligible to participate in the program.

The program will begin no later than October 1, 2011 and will continue until September 30, 2014.

  • Lenders may begin filing notices of non-judicial foreclosure with DCCA once the program begins.
  • Lenders must file a notice of non-judicial foreclosure with DCCA with a filing fee of $250 which will go to a special fund for the MFDR program.
  • Upon receiving the notice, DCCA-OCP will send a notice to the owner-occupant regarding the opportunity to participate in dispute resolution, information about the program, a MFDR participation form, and instructions and contact information for the program.
  • The owner-occupant has 30 days after the mailing of DCCA’s notice to submit the MFDR participation form and pay a $300 nonrefundable program fee. If the owner-occupant chooses dispute resolution, the lender must also pay a $300 program fee.
  • If the owner-occupant does not submit the form, then the foreclosure process continues to move forward.
  • Upon receiving the owner-occupant’s MFDR participation form, DCCA will open a dispute resolution case and notify the parties within 20 days of the date, time, and location of the dispute resolution session. The session will be scheduled between 40 and 70 days from this notification date, unless the parties and dispute resolution neutral agree to a different date. In addition, the notice will include information about the dispute resolution process (i.e., rules, requirements, consequences, and penalties for noncompliance).
  • The foreclosure process is on hold from the time DCCA sends out written notice of the opening of a dispute resolution case.
  • If the parties are able to reach an agreement during the dispute resolution session, the foreclosure is terminated.
  • If the parties are unable to reach an agreement during the dispute resolution session, the foreclosure continues to move forward.
  • A lender who fails to comply with the program may not move forward with non-judicial foreclosure. Additional penalties for noncompliance include fines of up to $1,500.

It is important for homeowners thinking about loan modification to seek assistance from approved credit counseling agencies.

The non-judicial foreclosure process is on hold until the dispute resolution is completed.

Yes, however, once you participate in the MFDR program, you cannot convert to judicial foreclosure. Therefore, a decision needs to be made before the MFDR participation form is submitted.

Owner-occupants currently undergoing non-judicial foreclosure have until August 15, 2011 to convert to judicial foreclosure without having to meet certain requirements. After August 15, 2011, owner-occupants wishing to convert from non-judicial foreclosure to judicial foreclosure will have to comply with more demanding requirements. For more information about conversion to judicial foreclosure, please visit the Judiciary’s website. For more information and assistance, please contact the Legal Aid Society of Hawaii nearest to you.

Please contact the Division of Financial Institutions at 1-844-808-DCCA (3222) for more information specific to your industry.

Real estate salespeople or brokers with questions should contact:

Myoung Oh, e-PRO

Government Affairs Director
Hawaii Association of Realtors
E-mail: moh@hawaiirealtors.com
Phone: (808) 733-7060 ext. 104
Neighbor Islands: (888) 737-9070 ext. 104

If you want to take a look at the actual bill:  Act 48, or Act 182.