Title 28, Property

§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 con…

§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…

§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]

[§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 b…

§506-8 Release of mortgages of real property or fixtures and reassignment of security interests. (a) The mortgagee of real property or the record assignee of a mortgage interest shall provide to the mortgagor a release of mortgage upon full satisfaction of the mortgage and discha…

[§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 obtainin…

PART I. LIENS, GENERALLY Animals, 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…

Laundries, Cleaners §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 pers…

§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 o…

§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 articl…

§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 …

Material and Labor Used on Public Works §507-17 REPEALED. L Sp 1993, c 8, §50.

Personal Property §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 …

§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. …

§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 m…

§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)]

§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 wit…

§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…

§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 …

§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]

Dentists, Doctors, Hospitals §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 …

PART II. MECHANIC'S AND MATERIALMAN'S LIEN §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 o…

§507-42 When allowed; lessees, etc. Any person or association of persons furnishing labor or material in the improvement of real property shall have a lien upon the improvement as well as upon the interest of the owner of the improvement in the real property upon which the same i…

§507-43 Filing notice, contents. (a) Requirements. Any person claiming a lien shall apply therefor to the circuit court of the circuit where the property is situated. Such "Application For A Lien" shall be accompanied by a written "Notice Of Lien" setting forth the alleged facts …

§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 n…

§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 …

§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 materialm…

§507-47 Demand; enforcement; foreclosure; other attachment. After demand and refusal of the amount due or upon neglect to pay same upon demand, the lien may be enforced by action filed in the circuit court of the circuit in which the property is situated. The demand may be includ…

§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 t…

§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 …

Bailee §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 li…

[PART III. SELF-SERVICE STORAGE FACILITIES] §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 ident…

[§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, i…

§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 t…

§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 safe…

§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 t…

§507-66 Method of sale. (a) No sooner than fifteen days after sending the final demand and notice of sale, pursuant to section 507-65(1), the owner shall cause an advertisement of the sale to be: The advertisement shall include a general description of the goods, the name of the …

[§507-67] Security interests, rights. Any person who has a perfected security interest under chapter 490 may claim any personal property subject to the security interest and subject to a lien pursuant to this part by paying the total amount due, as specified in the final demand a…

[§507-68] Payment before sale. Any person claiming a right to the goods must pay the amount necessary to satisfy the lien and the reasonable expenses incurred for particular actions taken pursuant to this part. In that event, the goods shall not be sold, but shall be retained by …

[§507-69] Good faith purchaser. A purchaser in good faith of goods sold to enforce a lien in favor of the owner on goods stored at a self-service storage facility takes the goods free of any rights of persons against whom the lien was claimed, despite noncompliance by the owner o…

§507-70 Self-storage contracts. (a) Each contract for the rental or lease of individual storage space in a self-service storage facility shall be in writing and shall contain, in addition to the provisions otherwise required or permitted by law to be included, a statement that th…

[§507-71] Other rights. Nothing in this part shall be construed to impair or affect the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this part shall be in addition to all other rights pr…

[§507-72] Applicability. This part shall only apply to rental agreements entered into, or extended, or renewed after June 4, 1984. [L 1984, c 239, pt of §1]

[§507-73] Occupant in default; motor vehicle or boat removal. If an occupant is in default for sixty or more days and the personal property stored in the leased space is a motor vehicle or boat, the motor vehicle or boat shall be deemed to be left unattended on private property w…

[PART IV. ATTORNEYS] §507-81 Attorney's lien upon actions and judgments. (a) An attorney has a lien upon: (b) The lien shall be for: (c) Except for tax liens, prior liens of record on the real and personal property subject to the lien created by this section, and as provided in s…

[§507-82] Liens on attorneys; certified shorthand reporter services. (a) Subject to the notice requirements in subsection (b) and the exemptions described in subsection (d), a certified shorthand reporter furnishing a stenographic record of any judicial proceeding, deposition, st…