reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 28. Property › 506. Mortgages of Real Property or Fixtures › 506-1 Lien of mortgages of real property or fixtures; debts secured; priority.

§506-1 Lien of mortgages of real property or fixtures; debts secured; priority.
(a) Every transfer of an interest in real property or fixtures made as security for the performance of another act or subject to defeasance upon the payment of an obligation, whether the transfer is made in trust or otherwise, is to be deemed a mortgage and shall create a lien only as security for the obligation and shall not be deemed to pass title.
(b) A mortgage may secure the repayment of past debt, a debt incurred at the time the mortgage is executed, or a debt incurred for advances which may be made by the mortgagee subsequent to the execution of the mortgage even though the mortgagee is under no contractual duty to make these advances. Except as otherwise provided in sections 490:9-334 and 490:9-604 of the Uniform Commercial Code with respect to security interests in fixtures, a mortgage which secures future advances, up to but not exceeding the maximum amount of future advances stated in the mortgage, shall be superior to any subsequently recorded mortgage, lien, or other encumbrances or conveyance, other than liens for real property taxes and assessments for public improvements, even though the subsequently recorded mortgage, lien, or other encumbrance or conveyance is recorded prior to the date upon which any advance or advances have been made. [L 1939, c 255, pt of §1; RL 1945, §8871; am L 1951, c 202, §1; RL 1955, §196-1; am L 1966, c 18, §5(b); HRS §506-1; am L 1986, c 28, §1; am L 1987, c 275, §1; am L 2000, c 241, §5]
Law Journals and Reviews
Hawai`i 2000 Report Regarding Lawyers' Opinion Letters in Mortgage Loan Transactions. 22 UH L. Rev. 347 (2000).
Case Notes
Agreement of sale is not a mortgage. 324 F. Supp. 1314 (1971).
Cited in connection with construction of bill of sale of automobile under prior law which included personal property under this section. 38 H. 279 (1949).
Deed accompanied by lease-back with option to repurchase construed as mortgage under the circumstances. 49 H. 160, 413 P.2d 221, reh'g den. 49 H. 255, 413 P.2d 221 (1966).
Mortgages for future advances; scope of coverage determined. 50 H. 304, 440 P.2d 262 (1968).
Where an absolute conveyance contains a defeasance clause, the instrument is a mortgage. 50 H. 493, 443 P.2d 153 (1968).
General creditor of mortgagor has standing to contest amount due mortgagee in foreclosure proceeding. 54 H. 107, 503 P.2d 424 (1972).
Decree of foreclosure and order of sale as appealable final orders. 55 H. 414, 520 P.2d 431 (1974).
Cited as authority for mortgages securing past debts. 60 H. 413, 591 P.2d 104 (1979).
Foreclosure decree is deemed final for appeal purposes although many matters remain unsettled. 2 H. App. 140, 627 P.2d 296 (1981).
2023 Hawaii Revised Statutes › Title 28. Property › 506. Mortgages of Real Property or Fixtures › 506-2 On what property; enforceability.

§506-2 On what property; enforceability.
(a) Subject to the limitations contained in this chapter and to sections 490:9-334 and 490:9-604 of the Uniform Commercial Code respecting security interests in fixtures, if the mortgage so provides, the lien of the mortgage may attach to additions, improvements, and purchases or substitutions made to supply the place of any real property or fixtures disposed of and to all other after-acquired real property or fixtures referred to in the mortgage when the mortgagor acquires an interest therein to the extent of the interest, but subject to existing liens and the lien of a purchase money mortgage given by the mortgagor of any such after-acquired real property or fixtures.
(b) Any mortgage, except to the extent provided in this chapter, shall be enforceable against the mortgagor, creditors of the mortgagor, and against subsequent purchasers, mortgagees, assignees, and transferees, who take without valuable consideration or with notice, actual or constructive, even though the mortgaged real property or fixtures may have been detached or moved to a location different from that occupied by it at the time of the execution of the mortgage. [L 1939, c 255, pt of §1; RL 1945, §8872; RL 1955, §196-2; am L 1966, c 18, §5(c); HRS §506-2; am L 2000, c 241, §6]
2023 Hawaii Revised Statutes › Title 28. Property › 506. Mortgages of Real Property or Fixtures › 506-3 After-acquired real property and fixtures.

§506-3 After-acquired real property and fixtures.
The mortgage shall operate only as a contract between the parties with respect to, and shall not create a lien upon real property or fixtures acquired in any manner by the mortgagor subsequent to the execution of the mortgage, if there are not described therein such real property, such fixtures and the real property to which such fixtures are or will be affixed, unless and until the mortgagor or the mortgagee, at the time of or subsequent to the acquisition, executes and duly records in the bureau of conveyances an instrument or affidavit containing a reference to the book and page or document number where the mortgage is recorded and also a description of such real property, such fixtures and the real property to which such fixtures are or will be affixed sufficient to identify and locate the same, which description of real property may be made by describing the deed or other instrument of conveyance by which the real property was acquired or by describing the land by metes and bounds. [L 1939, c 255, §3; RL 1945, §8874; RL 1955, §196-4; am L 1966, c 18, §5(d); HRS §506-3; am L 1989, c 47, §15]
2023 Hawaii Revised Statutes › Title 28. Property › 506. Mortgages of Real Property or Fixtures › 506-4 Interests in recorded mortgages and leases.

§506-4 Interests in recorded mortgages and leases.
The mortgage shall operate only as a contract between the parties with respect to, and shall not create a lien upon, any recorded mortgage or lease, unless and until a specific reference to the mortgage or lease in the manner contemplated by section 502-33 is contained in an instrument or affidavit executed by the mortgagor or mortgagee and duly recorded in the bureau of conveyances at Honolulu. [L 1939, c 255, §4; RL 1945, §8875; RL 1955, §196-5; HRS §506-4]
Law Journals and Reviews
Later mortgagee having actual notice of earlier mortgage is not entitled to priority merely because earlier mortgage omitted book and page references required by §502-33. Haw Supp, IV HBJ, no. 3, at 30 (1966).
Case Notes
Ambiguity in mortgage should be resolved against drafter, particularly where interests of a party not privy to the mortgage contract are sought to be encumbered. 62 H. 188, 613 P.2d 1315 (1980).
2023 Hawaii Revised Statutes › Title 28. Property › 506. Mortgages of Real Property or Fixtures › 506-5 Use and possession of mortgaged property.

§506-5 Use and possession of mortgaged property.
In the absence of an agreement to the contrary, the mortgagor of real property or fixtures under a duly recorded mortgage is entitled to the use or possession thereof until default. [L 1939, c 131, §1; RL 1945, §8879; RL 1955, §196-9; ren and am L 1966, c 18, §5(f); HRS §506-5]
2023 Hawaii Revised Statutes › Title 28. Property › 506. Mortgages of Real Property or Fixtures › 506-6 Registered land.

§506-6 Registered land.
Nothing in this chapter shall be deemed to modify or amend chapter 501. [L 1939, c 255, §2; RL 1945, §8873; RL 1955, §196-3; HRS §506-6]
2023 Hawaii Revised Statutes › Title 28. Property › 506. Mortgages of Real Property or Fixtures › 506-7 Mortgages on real property, damage or destruction of collateral.

§506-7 Mortgages on real property, damage or destruction of collateral.
Notwithstanding any provisions to the contrary in any agreement between a mortgagor and a mortgagee, if residential real property which is the subject of a mortgage securing a loan is damaged or destroyed by fire, earthquake, tidal wave or any natural disaster, the rate of interest on the loan shall not be increased by reason of the damage or destruction and the proceeds of any insurance insuring against such damage or destruction shall be applied, at the option of the mortgagor, to reduce the indebtedness due under the loan or to repair, restore or rebuild the residential real property. [L 1980, c 188, §5]
Law Journals and Reviews
Hawai`i 2000 Report Regarding Lawyers' Opinion Letters in Mortgage Loan Transactions. 22 UH L. Rev. 347 (2000).
2023 Hawaii Revised Statutes › Title 28. Property › 506. Mortgages of Real Property or Fixtures › 506-9 Mortgage insurance; notice of right to cancel.

§506-9 Mortgage insurance; notice of right to cancel.
(a) Any person, on behalf of a casualty insurance company, that provides a mortgagor with mortgage life insurance without charge for a period less than the term of the mortgage, which insurance is not a condition of obtaining the mortgage, shall send each insured mortgagor written notice advising each such mortgagor of the right to cancel the insurance, of the requirements for effecting such cancellation, and that premiums will be charged for the insurance unless it is canceled. The notice shall be sent to each insured mortgagor at least four weeks prior to the expiration of the period during which the insurance is provided without charge.
(b) For the purposes of this section, "mortgage life insurance" means an insurance plan which will pay off the mortgage balance in the event of the death or, as the case may be, disability of the insured mortgagor. [L 1989, c 239, §5]
2023 Hawaii Revised Statutes › Title 28. Property › 506. Mortgages of Real Property or Fixtures › 506-10 Reverse mortgage loan.

§506-10
Reverse mortgage loan.
(a) Prior to accepting an application for a reverse mortgage loan, a lender shall refer every borrower to counseling from an organization that is a housing counseling agency approved by the United States Department of Housing and Urban Development, and shall receive certification from the counselor that the borrower has received counseling. The certificate shall be signed by the borrower and the counselor and include the date of counseling, the name, address, and telephone number of both the borrower and the organization providing counseling, and shall be maintained by the holder of the reverse mortgage throughout the term of the reverse mortgage loan.
(b) A lender that fails to comply with the requirements of subsection (a) shall be deemed to have engaged in an unfair method of competition or unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2.
(c) As used in this section, "reverse mortgage loan":
(1) Means a loan that:
(A) Is a nonrecourse loan wherein the committed principal amount is secured by a mortgage on residential property owned by the borrower;
(B) Is due upon:
(i) Sale of the property securing the loan;
(ii) The death of the last surviving borrower;
(iii) The borrower terminating use of the real property as a principal residence; or
(iv) The borrower's default;
(C) Provides cash advances to the borrower based upon the equity or the value in the borrower's owner-occupied principal residence;
(D) Requires no payment of principal or interest until the entire loan becomes due and payable; and
(E) Is made by a lender licensed or chartered under state or federal law; and
(2) Shall not include a loan:
(A) Insured by the United States Department of Housing and Urban Development;
(B) Intended for sale to the Federal National Mortgage Association (also known as "Fannie Mae") or to the Federal Home Loan Mortgage Corporation (also known as "Freddie Mac"); or
(C) For which mortgage counseling is required under other state or federal laws.
(d) No person other than a state chartered or licensed, or federally chartered or licensed, lender shall offer reverse mortgage loans. [L 1999, c 50, §1; am L 2000, c 63, §1; am L 2019, c 111, §31]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-1 Animals, lien for care of.

§507-1 Animals, lien for care of.
Whoever pastures, feeds, or shelters animals by virtue of a contract with or by the consent of the owner of the animals for a compensation agreed upon, has a lien on the animals for pasturing, feeding, or sheltering to secure payment thereof with costs. [L 1892, c 9, §1; RL 1925, §2901; RL 1935, §4350; RL 1945, §8751; RL 1955, §193-1; HRS §507-1]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-2 Enforcement by sale of animals.

§507-2 Enforcement by sale of animals.
If the owner of the animals, after demand and notice in writing that the lien will be enforced has been served upon the owner, fails to pay the amount due for the pasturing, feeding, or sheltering within thirty days, the holder of the lien may cause the animals to be sold at public auction, upon notice of sale being given for fifteen days by publication in a newspaper of general circulation in the county where the animals are pastured, fed, or sheltered. [L 1892, c 9, §2; RL 1925, §2902; RL 1935, §4352; RL 1945, §8752; am L 1955, c 53, §2; RL 1955, §193-2; HRS §507-2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-3 Excess returned to owner.

§507-3 Excess returned to owner.
Any excess over the amount due, and costs of sale and advertising realized from the sale, shall be paid to the owner of the animals sold. [L 1892, c 9, §3; RL 1925, §2903; RL 1935, §4352; RL 1945, §8753; RL 1955, §193-3; HRS §507-3]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-4 Liens for services in personal injury cases.

§507-4 Liens for services in personal injury cases.
Whenever any person recovers judgment for damages for personal injuries to oneself or to another, any hospital which has furnished room, board, supplies, facilities, or accommodations to the injured person in connection with the care, or treatment of such injuries, and any dentist, doctor, physician, or surgeon who has treated the injured person for such injuries, shall have a lien, subject to any common-law lien, on such judgment or the proceeds thereof for the agreed or reasonable value of the services performed or the agreed or reasonable value of the room, board, supplies, facilities, or accommodations furnished, if, before satisfaction of judgment is docketed, the dentist, doctor, physician, surgeon, or hospital files in the office of the chief clerk of the circuit court of the circuit in which the judgment was recovered, or, in the case of a judgment recovered in a district court, in the office of the clerk of the district court of the circuit in which judgment was recovered, a notice setting forth the agreed or reasonable value of the services performed or the agreed or reasonable value of the room, board, supplies, facilities, or accommodations furnished. In the event the available proceeds of the judgment are insufficient to satisfy in full the liens herein provided, the proceeds shall, after all common-law liens have been satisfied in full, be distributed pro rata between the lienors without any priority among them.
If the judgment debtor so elects the judgment debtor may pay the amount of the judgment to the chief clerk of the circuit or clerk of the district court in which the judgment is rendered and thereby be released from any further obligation to the judgment creditor and to the lienor. In the event the judgment debtor pays the amount of the judgment to the clerk the lien shall attach to the sum so paid.
The liens may be enforced by action of the lienor in the circuit court of the judicial circuit in which judgment was rendered. Jurisdiction is conferred upon the circuit courts to hear and determine all actions brought or instituted to enforce and foreclose the liens, and the proceedings had before the circuit court shall be conducted in the same manner and form as ordinary foreclosure proceedings. [L 1939, c 251, § §1 to 3; RL 1945, § §8757, 8758, 8759; RL 1955, §193-7; HRS §507-4; am L 1970, c 188, §40; am L 1972, c 106, §1(a); gen ch 1985]
Cross References
Deposit in court, see chapter 655.
Rules of Court
Deposit in court, see HRCP rule 67.
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-5 Foreclosure by bailee when not otherwise provided.

§507-5 Foreclosure by bailee when not otherwise provided.
Whenever any lien has attached to any personal property in the possession of a bailee and is unsatisfied for the period of at least sixty days, and no other procedure is provided by law for the foreclosure of the lien, the bailee shall give public notice by publication for at least four issues of some newspaper published and circulating in the county where the bailee resides, which publication shall not be oftener than once per week. The notice shall particularly describe the personal property to be sold, the date and place of sale, the bailor's name, if known, and the nature and amount of lien to be satisfied. At the time and place named in the publication the property may be sold and the purchaser shall thereupon succeed to the bailor's title thereto. Out of the proceeds of sale the bailee may retain the amount of the lien, the cost of advertisement and sale, and other expenses incident to the sale. Any balance remaining which is not claimed by the owner of the property sold or the owner's legal representative within thirty days from the date of sale, shall be deposited by the bailee with the director of finance of the State to the credit of the owner and payable at any time to the owner or the owner's legal representatives; provided that the bailee may foreclose the lien in accordance with any written contract with the owner or by a civil action, and the proceedings shall be similar to proceedings to foreclose a mortgage of real property. [L 1919, c 195, § §1, 2; RL 1925, §2912; RL 1935, §4356; RL 1945, §8760; RL 1955, §193-8; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §507-5; am L 1972, c 106, §1(b); gen ch 1985]
Case Notes
No common law lien for private storage. 25 H. 98, 103 (1919).
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-13 Lien for laundering, cleaning, dyeing, pressing.

§507-13 Lien for laundering, cleaning, dyeing, pressing.
Every person to whom there has been or is delivered any article or lot of articles of wearing apparel or of household use for the purpose of laundering, cleaning, dyeing, or pressing thereof by such person, regardless of the process to be employed, shall have a lien thereon for the amount of all charges incurred for the laundering, cleaning, dyeing, or pressing thereof. This lien shall be prior to all other rights in or to the article or lot of articles of which the holder of the lien is without actual knowledge at the time of delivery thereof to the holder of the lien. [L 1945, c 188, §1; RL 1955, §193-16; HRS §507-13]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-14 Enforcement; notice; auction.

§507-14 Enforcement; notice; auction.
If any lien has attached to any article or lot of articles under section 507-13 and remains unsatisfied for a period of at least ninety days, the article or lot of articles may be sold in the manner herein provided. All articles received in one lot may be sold as one lot or as separate articles. Any number of articles or lots of articles may be included in the same notice. Notice of the time and place of sale shall be published in a newspaper of general circulation in the county where the articles or lots of articles to be sold have been delivered for laundering, cleaning, dyeing, or pressing, not less than five nor more than ten days prior to the date of sale. The notice shall state the name of each person who delivered an article or lot of articles to be sold, if known, and shall state the amount of lien to be satisfied with respect to the article or lot of articles delivered by the person. As to the nature of the articles or lots of articles to be sold, the notice need merely state, in general terms, with reference to the articles or lots of articles collectively, that they are articles or lots of articles left for the purpose of laundering, cleaning, dyeing, or pressing. At the time and place named in the publication each article or lot of articles may be sold at auction and the purchaser shall succeed to the owner's title thereto. The auction may be conducted by the holder of the lien or any person designated by the holder, and may take place upon the premises of the holder of the lien or other premises as may be designated by the holder. Any person, including the holder of the lien, may bid for and purchase any article or lot of articles offered for sale at the auction. Sections 445-21 to 445-23 and sections 445-25 to 445-36 shall not apply to any auction conducted pursuant to this section. [L 1945, c 188, §2; RL 1955, §193-17; HRS §507-14; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-15 Application of proceeds of sale.

§507-15 Application of proceeds of sale.
Out of the proceeds of sale pursuant to section 507-14, the holder of the lien may retain the amount of the lien, plus twenty-five per cent thereof to cover expenses incurred in connection with the storage, handling, and sale of the article or lot of articles sold. Any balance remaining of the sale price of each article or lot of articles sold which is not claimed by the owner thereof within thirty days from the date of sale shall be deposited with the director of finance of the State for payment to the owner and shall be disposed of as provided in chapter 523A. [L 1945, c 188, §3; RL 1955, §193-18; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §507-15; am L 1974, c 75, §9; am L 1985, c 68, §20]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-16 Redemption prior to sale.

§507-16 Redemption prior to sale.
After publication of notice of the time and place of sale of an article or lot of articles pursuant to section 507-14 and prior to the sale thereof, the article or lot of articles may be redeemed and the lien thereon satisfied only by payment of the amount of all charges incurred for the laundering, cleaning, dyeing, or pressing thereof, plus twenty-five per cent of the amount of the charges to cover all expenses incurred with respect to the article or lot of articles. [L 1945, c 188, §4; RL 1955, §193-19; HRS §507-16]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-18 Lien on personalty for work done and materials furnished.

§507-18 Lien on personalty for work done and materials furnished.
A person who makes, alters, or repairs any article of personal property at the request of the owner of the property, shall have a lien on the property for the reasonable charges for the work done and materials furnished, excluding storage charges, and may retain possession of the property until the charges are paid; provided that the registered owner of a motor vehicle registered pursuant to chapter 286 shall be considered the owner for the purposes of this section. [L 1921, c 131, §1; RL 1925, §2904; am L 1925, c 139, §1; RL 1935, §4371; RL 1945, §8775; am L 1949, c 187, §1; RL 1955, §193-21; am L 1965, c 220, §1; HRS §507-18; am L 1975, c 11, §1; am L 1987, c 151, §1]
Case Notes
A photographer has no lien upon pictures left with photographer from which to make enlarged copies. 11 H. 746 (1899).
Loss of lien: Lien dependent upon possession, is not revived by repossession. 25 H. 98 (1919).
Installment contract retention of possession by vendor, for repairs on automobile. 32 H. 84 (1931).
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-19 Enforcement of lien.

§507-19 Enforcement of lien.
The holder of any lien provided for in section 507-18 may, upon obtaining judgment for the amount due for the repairs, alterations, or improvements, have execution upon the property so held by the holder for the satisfaction of the holder's judgment. The execution shall be issued and returned as in other civil actions. [L 1921, c 131, §2; RL 1925, §2905; RL 1935, §4372; RL 1945, §8776; RL 1955, §193-22; HRS §507-19; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-20 Defense to lien by claimants.

§507-20 Defense to lien by claimants.
Any person having an interest in the property held by a lienor under section 507-18 may intervene in the action. [L 1921, c 131, §3; RL 1925, §2906; RL 1935, §4373; RL 1945, §8777; RL 1955, §193-23; HRS §507-20; am L 1972, c 106, §1(d)]
Rules of Court
Intervention, see HRCP rule 24.
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-21 Complaint in action to enforce lien; allegations.

§507-21 Complaint in action to enforce lien; allegations.
Where an action is filed under sections 507-18 to 507-22, the plaintiff shall set forth in the plaintiff's complaint that the plaintiff claims a lien upon certain personal property, which the plaintiff shall describe with reasonable particularity. The plaintiff shall also set forth in the complaint the names of all persons known to the plaintiff to have or claim an interest in the property. [L 1921, c 131, §4; RL 1925, §2907; RL 1935, §4374; RL 1945, §8778; RL 1955, §193-24; HRS §507-21; am L 1972, c 106, §1(e); gen ch 1985]
Rules of Court
Pleadings, see HRCP rules 7, 8, 19(c).
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-22 Disputes as to application of proceeds of sale upon execution; jurisdiction of district courts; appeal.

§507-22 Disputes as to application of proceeds of sale upon execution; jurisdiction of district courts; appeal.
Where a dispute arises as to the application of the proceeds upon the sale under execution of property held by a lienor, the court shall order that the proceeds be paid into court. It shall thereupon determine to or among whom the proceeds shall be paid or divided. Nothing in section 604-5, limiting the jurisdiction of district courts, shall be construed as affecting the adjudication; but an appeal may be taken therefrom as in other civil cases. [L 1921, c 131, §5; RL 1925, §2908; RL 1935, §4375; RL 1945, §8779; RL 1955, §193-25; HRS §507-22; am L 1972, c 106, §1(f)]
Cross References
Deposit in court, see chapter 655.
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-23 Sale of personal property by lien holder.

§507-23 Sale of personal property by lien holder.
Notwithstanding sections 507-18 to 507-22, in the event the reasonable charges for the work done and materials furnished do not exceed $150, the holder of any lien provided for in section 507-18 may, in lieu of obtaining judgment and execution upon the property so held by the holder, sell the article of personal property upon which the alterations or repairs have been made in the manner hereinafter set forth and apply the proceeds of the sale in satisfaction of the reasonable charges for the work done and materials furnished; provided that the article has been unclaimed for at least three months. The holder of the lien shall give public notice by publication in a newspaper of general circulation in the State, the publication to be not less than ten days prior to the date of sale, and shall notify the owner of the sale by sending a letter by registered mail to the last known address of the owner at least thirty days prior to the sale. The notice shall particularly describe the article to be sold, the name of the owner, the date and place of the sale, and the amount of the reasonable charges. At the time and place so published, the article may be sold and the purchaser shall succeed to the title of the owner. Out of the proceeds of the sale the holder of the lien may retain the amount of the reasonable charges, the cost of publication and other expenses incident to the sale. Any balance remaining unclaimed by the owner of the article within thirty days from the date of the sale shall be deposited with the director of finance and shall be payable to the owner of the article if claimed within one year from the date of the sale. If no claim is made for the balance within that period, the moneys so deposited shall become a government realization. [L 1957, c 311, §1; am L 1959, c 204, §1; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; Supp, §193-26; HRS §507-23; am L 1972, c 85, §1; gen ch 1985]
Cross References
Mailing, see §1-28.
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-41 Definitions.

§507-41 Definitions.
As used in this part, unless a definite meaning clearly appears from the context:
"Furnishing of materials" includes supplying of: materials incorporated in the improvement or substantially consumed in construction operations or specially fabricated for incorporation in the improvement; building materials used during construction but not remaining in the improvement, diminished by the salvage value of the materials; transportation to bring the materials to the site of the improvement; tools, appliances, or machinery (but not including hand tools), used during the construction but not in excess of the reasonable rental value for the period of actual use.
The delivery of materials to the site of the improvement or the delivery of materials other than to the site of the improvement, but upon the written statement by the general contractor or the contractor's agents that the materials are for a particular improvement, shall be prima facie evidence of incorporation of the materials in the improvement.
"General contractor" means a person who enters into a contract with the owner for the improvement of real property.
"Improvement" includes the construction, repair, alteration of or addition to any building, structure, road, utility, railroad, or other undertaking or appurtenances thereto, and includes any building, construction, erection, demolition, excavation, grading, paving, filling in, landscaping, seeding, sodding, and planting, or any part thereof existing, built, erected, placed, made, or done on real property, or removed therefrom, for its benefit.
"Labor" includes professional services rendered in furnishing the plans for or in the supervision of the improvement.
"Lien" means the lien provided in section 507-42.
"Owner" means the owner of the real property or of any interest therein who enters into a contract for the improvement thereof and who may be the owner in fee of the real property or of a lesser estate therein, the lessee for a term of years therein, the person having any right, title, or interest in the real property which may be sold under legal process, or a vendee in possession under a contract for the purchase of the real property or of any such right, title or interest therein.
"Person" includes natural persons, partnerships, corporations, firms, unincorporated associations, joint ventures, and any other party recognized at law as a person.
"Visible commencement of operations" means the first actual work of improvement as part of a continuous operation, or the first delivery to the site of materials to be used as part of a continuous operation in the improvement, of such manifest and substantial character as to notify interested persons that the real property is being improved or is about to be improved. [L 1949, c 241, §1; RL 1955, §193-40; HRS §507-41; gen ch 1985]
Revision Note
Definitions rearranged pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-44 Record in circuit courts.

§507-44 Record in circuit courts.
The clerks at the circuit courts shall keep in their respective offices a book called "Notice of completion record" in which shall be entered a memorandum of each notice of completion filed and the date of filing, arranged alphabetically in the names of the owners. There shall also be kept a "mechanics' lien record" in which a memorandum of each Application and Notice filed shall be entered, arranged alphabetically in the names of the claimants and showing the amount of the lien or claim, the date of filing the Application and Notice, the date of the entry of the Order Directing Lien To Attach, the date of withdrawal, discharge or cancellation of the Application and Notice or of a lien which has been directed to attach, and any other matters deemed necessary. [L 1888, c 21, §3; RL 1925, §2893; RL 1935, §4367; RL 1945, §8771; am L 1949, c 241, §4; RL 1955, §193-43; HRS §507-44; am L 1975, c 181, §6]
Case Notes
Cited: 23 H. 744, 745 (1917).
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-45 Discharge of lien.

§507-45 Discharge of lien.
Any mechanics' and materialmen's lien may be discharged at any time by the owner, lessee, principal contractor or intermediate subcontractor filing with the clerk of the circuit court of the county in which the property is located or with the assistant registrar of the land court (if registered land is affected except when the lien attaches solely to the interest of the lessees in one or more leasehold time share interests as described in section 501-20), cash or a bond for twice the amount of the sum for which the claim for the lien is filed, conditioned for the payment of any sum for which the claimant may obtain judgment upon the claimant's claim. [L 1961, c 179, §1; Supp, §193-43.1; HRS §507-45; am L 1971, c 55, §1; gen ch 1985; am L 1998, c 219, §11]
Case Notes
Applied. 51 H. 242, 456 P.2d 222 (1969).
Cash put up under section may be transferred to pending assumpsit action; may be substituted for garnished funds, when. 51 H. 242, 456 P.2d 222 (1969).
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-46 Priority, record of; satisfaction.

§507-46
Priority, record of; satisfaction.
The lien shall relate to and take effect from the time of the visible commencement of operations for the improvement; it shall rank equally in priority subject to the provisos hereinafter contained with all other mechanics' and materialmen's liens and shall have priority over all other liens of any nature, except liens in favor of any branch of the government and mortgages, liens or judgments recorded or filed prior to the time of the visible commencement of operation; provided that all liens for wages for labor performed in the completion of the improvement, but not exceeding $300 for each claimant, shall have priority as a class over all other mechanics' and materialmen's liens where claims are filed by:
(1) The person who actually performed the labor;
(2) The person's legal representative in the event of death or incapacity; or
(3) The director of labor and industrial relations pursuant to chapter 371;
and provided further that where a mortgage is recorded prior to the date of completion, and all or a portion of the money advanced under and secured by the mortgage is thereafter used for the purpose of paying for the improvement, the mortgagee shall be entitled, to the extent of the payments, to priority over liens of mechanics and materialmen, but no such priority shall be allowed unless the mortgage recites that the purpose of the mortgage is to secure the moneys advanced for the purpose of paying for the improvement in whole or in part. Payments made in good faith to the general contractor for such purposes shall be presumed to have been used for the purpose of paying for the improvement. Whenever the lien or claim of lien herein provided is satisfied (other than by the limitations expressed in section 507-43), a written notice thereof shall, at the expense of the lienee, be filed with the clerk of the circuit court, which shall be noted in the mechanics' lien record, and if title to the land involved is registered in the land court and the lien did not attach solely to the interest of the lessee in one or more leasehold time share interests, it shall also be filed in the office of the assistant registrar of the court. [L 1888, c 21, §4; RL 1925, §2894; am L 1933, c 143, §3; RL 1935, §4368; RL 1945, §8772; am L 1949, c 241, §5; am L 1951, c 95, §1; RL 1955, §193-44; HRS §507-46; gen ch 1985; am L 1998, c 219, §12; am L 2005, c 22, §35]
Case Notes
Priority of claim where garnishment and mechanic's lien are involved. 9 H. 23 (1893).
Satisfaction of debt occurs in the order of charges accruing whether covered by notice of lien or not. 10 H. 273 (1896).
Construction mortgage lien had priority over mechanic's lien to extent of principal indebtedness devoted to construction costs under building and loan agreement, but no priority in payment of interest claim. 66 H. 32, 657 P.2d 1004 (1982).
Cited: 12 H. 358 (1900); 23 H. 744 (1917).
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-48 Owner may retain amount due.

§507-48 Owner may retain amount due.
Whenever the work or material for which a lien is filed is furnished to any contractor for use as set forth in section 507-42, the owner may retain from the amount payable to the contractor sufficient to cover the amount due or to become due to the person or persons who filed the lien. [L 1888, c 21, §6; RL 1925, §2896; RL 1935, §4370; RL 1945, §8774; RL 1955, §193-46; HRS §507-48]
Case Notes
Retention of money by owner. 10 H. 151 (1895); 25 H. 347 (1920), 25 H. 413 (1920).
"Owner". 22 H. 765 (1915).
Owner and surety relationships. 32 H. 913 (1933).
Cited: 21 H. 736, 738 (1913); 23 H. 744, 746 (1917).
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-49 Exceptions.

§507-49 Exceptions.
(a) Anything contained in this part to the contrary notwithstanding, in connection with any repairs or improvements made or performed on property which before the repairs or improvements was used primarily for dwelling purposes, no lien shall exist either for the furnishing of materials to a general contractor as defined in this chapter or the general contractor's subcontractor either of whom was required to be licensed but was not licensed pursuant to chapter 444 or if unreasonable advancement of credit was given by the furnisher of materials to the general contractor or subcontractor whether such person is licensed, unlicensed or exempted under chapter 444.
The issue of reasonable advancement of credit shall be decided by the circuit judge at the return day hearing provided for in section 507-43(a); provided that if a party affected by the lien does not appear at the return day hearing, the party may raise the issue of unreasonable advancement of credit at any time prior to the entry of a final or interlocutory decree of foreclosure in the proceeding brought to enforce the lien under section 507-47. For the purposes of this section, if the furnisher of materials has secured a credit application form from the general contractor or the subcontractor to whom the materials were furnished or has reasonably inquired into the credit status of the general contractor or subcontractor, the advancement of credit by the furnisher of materials shall be prima facie reasonable.
The credit application referred to herein shall be current and shall include at least the following information:
A. For all persons:
1. Name
2. Address
3. Type of business (Example - plumbing subcontractor)
4. Date business started
5. Contractor's license number
6. Bonding companies generally used
7. Banks used
8. List of current creditors
9. Balance sheet
10. Total of all outstanding construction contracts $.....
11. Incompleted portion of all contracts $.....
B. In addition, for corporate accounts:
1. Names of officers
2. Authorized capital
3. Paid in capital
C. In addition, for noncorporate accounts:
1. Names of partners, co-venturers, etc.
(b) Anything contained in this chapter to the contrary notwithstanding, no general contractor as defined in this chapter or the general contractor's subcontractor or the subcontractor's subcontractor who is required to be licensed pursuant to chapter 444 shall have lien rights unless the contractor was licensed pursuant to chapter 444 when the improvements to the real property were made or performed, and no subcontractor or subcontractor's subcontractor so licensed shall have lien rights if the work was subcontracted to them by a general contractor as defined in this chapter or the general contractor's subcontractor who was required to be licensed but was not licensed pursuant to chapter 444. [L 1974, c 113, §2; am L 1975, c 181, §8; am L 1976, c 209, §2; am L 2006, c 38, §21]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-61 Definitions.

Note
Changes to self-service storage facility law; notice to occupants of self-service storage facilities; rental agreements. L 2017, c 180, §10.
§507-61 Definitions.
Whenever used in this part, unless the context otherwise requires:
"Electronic mail" means the transmission of information or a communication by the use of a computer or other electronic means sent to a person identified by a unique address and that is received by that person.
"Last known address", "last known postal address", or "last known electronic mail address" means the postal or electronic mail address provided by the occupant in the latest rental agreement, or the postal or electronic mail address provided by the occupant in a subsequent written notice of a change of address.
"Occupant" means a person, or the person's sublessee, successor, or assign, who is entitled to the use of designated or individual storage space at a self-service storage facility under a rental agreement, to the exclusion of others.
"Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility, an agent thereof, or any other person authorized to manage the facility, or to receive rent from an occupant under a rental agreement, and no real estate license is required.
"Personal property" means movable property not affixed to land, and includes, but is not limited to, goods, merchandise, furniture, household items, motor vehicles, and boats.
"Rental agreement" means any written agreement or lease which establishes or modifies the terms, conditions, rules, or any other provision concerning the use and occupancy of a self-service storage facility.
"Self-service storage facility" means any real property designed and used for the purpose of renting or leasing designated or individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property, but does not include a garage or other storage area in a private residence. No occupant shall use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse, nor a public utility. If an owner issues any warehouse receipt, bill of lading, or other document of title for the personal property stored, the owner and the occupant are subject to chapter 490, and this part does not apply. [L 1984, c 239, pt of §1; am L 2017, c 180, § §3, 4; am L 2019, c 111, §33]
Revision Note
Numeric designations deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-62 Owner's lien.

§507-62 Owner's lien.
The owner of a self-service storage facility and the owner's heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor, or other charges, present or future, incurred pursuant to the rental agreement, and for expenses necessary for the preservation, sale, or disposition of personal property subject to the provisions of this part. The lien may be enforced consistent with this part. However, any lien on a motor vehicle or boat which has attached and is set forth in the documents of title to the motor vehicle or boat shall have priority over any lien created pursuant to this part. [L 1984, c 239, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-63 Rent due; notice of default and lien.

§507-63 Rent due; notice of default and lien.
When any part of the rent or other charges due from an occupant remain unpaid for fifteen consecutive days, an owner may deny the right of access to the occupant to the storage space at a self-service storage facility; provided that the owner shall provide notice at the occupant's last known electronic mail address and last known postal address, postage prepaid. The notice shall contain:
(1) A statement of the owner's claim showing the sums due at the time of the notice and the date when the sums became due;
(2) A statement that the occupant is in default of the rental agreement;
(3) A statement that the occupant's right to use the storage space will be denied unless and until all sums due are paid by the occupant;
(4) A notice that the occupant has been denied access to the storage space and that an owner's lien, as provided for in section 507-62, may be imposed if all sums due are not paid within fifteen days of the notice; and
(5) The name, street address, telephone number, and electronic mail address of the owner, or a designated agent, whom the occupant may contact to respond to the notice via electronic mail. [L 1984, c 239, pt of §1; am L 2017, c 180, §5]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-64 Notice of lien.

§507-64 Notice of lien.
If a notice has been sent, as required by section 507-63, and the total sum due has not been paid as specified in the notice, the owner may deny an occupant access to the space, enter the space, and remove any property found in the space to a place of safekeeping; provided that the owner shall send a notice of lien to the occupant's last known electronic mail address and last known postal address, postage prepaid, which shall state:
(1) That the occupant's right to use the storage space has terminated and that the occupant no longer has access to the stored property;
(2) That the stored property is subject to a lien, and the amount of the lien; and
(3) That the owner will seize and take possession of the property to satisfy the lien after a specified date which is not less than fifteen days from the date of mailing the notice unless the amount of the lien is paid. [L 1984, c 239, pt of §1; am L 2017, c 180, §6]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-65 Final demand and notice of sale.

§507-65 Final demand and notice of sale.
If both notices have been sent, as required by sections 507-63 and 507-64, and the total sum due has not been paid as specified in the two prior notices, the owner may prepare for the sale of the occupant's property. The owner shall send to the occupant's last known electronic mail address and last known address, by certified mail, postage prepaid:
(1) A notice of final demand and sale which shall state:
(A) That the sums due for rent and charges demanded have not been paid;
(B) That the occupant's right to use the designated storage space has been terminated;
(C) That the occupant no longer has access to the stored property;
(D) That the stored property is subject to a lien and the amount of the lien;
(E) That the property will be sold to satisfy the lien after a specified date which is not less than thirty days from the date of mailing the notice unless prior to the specified date, the lien is paid in full;
(F) That any excess proceeds of the sale over the lien amount of costs of sale will be retained by the owner and may be reclaimed by the occupant, or claimed by another person, at any time for a period of one year from the sale and that thereafter the proceeds will go to the State under chapter 523A; and
(G) That if the proceeds of sale do not fully cover the amount of lien and costs, the occupant will be held liable for any deficiency; and
(2) An itemized statement of the owner's claim showing all sums due at the time of the notice and the date when sums became due. [L 1984, c 239, pt of §1; am L 1985, c 68, §21; am L 2017, c 180, §7]