§501-106 Entry of new certificate. (a)
No new certificate of title shall be entered, and no memorandum shall be made
upon any certificate of title by the registrar or assistant registrar, except:
(1) In pursuance of any deed or other voluntary
instrument;
(2) Upon the recording of a certificate of merger
that merges two or more condominium projects as provided by section 514B-46;
(3) Upon the recording of an amendment to a
declaration of condominium property regime which alters the percentage interest
of the respective apartment or unit owners in the common elements;
(4) In cases expressly provided for in this chapter;
or
(5) Upon the order of the court, for cause shown.
(b) The new certificate or memorandum shall be
binding upon the registered owner and upon all persons claiming under the
registered owner, in favor of every purchaser for value and in good faith;
provided that in all cases of registration procured by fraud the owner may
pursue all the owner's remedies against the parties to the fraud, without
prejudice however to the rights of any innocent holder for value of a
certificate of title; and provided further that after the transcription of the
decree of registration on the original application any subsequent registration
under this chapter procured by the presentation of a forged deed or other
instrument, shall be void. [L 1903, c 56, §55; RL 1925, §3244; RL 1935, §5054;
RL 1945, §12654; RL 1955, §342-55; HRS §501-106; am L 1972, c 91, §1(u); gen ch
1985; am L 1988, c 346, §8; am L 1993, c 18, §3; am L 2004, c 164, §18; am L
2008, c 28, §12; am L 2017, c 181, §23]
Rules of Court
New certificate of title, see RLC rule 59.
Case Notes
Issuance of new certificate to reflect acquisition by
condemnation may be compelled. 31 H. 781 (1931), aff'd 61 F.2d 896 (1932).
Cited: 79 H. 56 (App.), 897 P.2d 983 (1995).
Notes of Decisions
Wells Fargo Bank, N.A. v. Omiya., 420 P.3d 370 (Haw. 2018).
· cites it 4× “" 15 HRS § 501-106(b) (2006). Owners of registered land may also mortgage the property.”
Scholes v. Kiyoshi Kawaguchi, 419 P.3d 1029 (Haw. App. 2017).
· cites it 9× “(b) The new certificate or memorandum shall be binding upon the registered owner and upon all persons claiming under the registered owner, in favor of every purchaser for value and in good faith; provided that in all cases of registration procured by fraud the owner may pursue…”
Caraang v. PNC Mortg., 795 F. Supp. 2d 1098 (D. Haw. 2011).
· cites it 2× “]” 5 Haw. Rev. Stat. § 501-106 (b). If Plaintiffs can amend their fraud-based claims against the PNC Defendants to state a plausible claim for fraud in the foreclosure process, Plaintiffs may be able to plead a basis for having their title to the Property restored.”
Hancock v. Kulana Partners, LLC., 452 P.3d 371 (Haw. 2019).
“2d 263, 276 (1996) (“[T]he clear and convincing standard is typically used in civil cases involving allegations of fraud or some other quasi-criminal wrongdoing by the defendant.”
GGS (HI), Inc. v. New York Diamond, Inc., 944 P.2d 1341 (Haw. App. 1997).
· cites it 2× “561 (1920); HRS § 501-106(a)(5) (Supp.1991) (“no memorandum shall be made upon any certificate of title by the .”
Fergerstrom v. PNC Bank, N.A., 342 F. Supp. 3d 1029 (D. Haw. 2018).
· cites it 2× “" HRS § 501-106(b). "Transfer Certificates of Title are generally unimpeachable because the Hawaii Land Court registration system is designed to preserve the integrity of titles.”
Mason v. Wailea Resort Co., 897 P.2d 983 (Haw. App. 1995).
· cites it 10× “]” HRS § 501-106 (Supp.1992) states, in relevant part, that “no memorandum shall be made upon any certificate of title by the .”
Yanagi v. Bank of Am.. (Haw. 2023).
· cites it 2× “See HRS § 501-106 (2018) (“[I]n all cases of registration procured by fraud the owner may pursue all the owner’s remedies against the parties to the fraud, without prejudice however to the rights of any innocent holder for value of a certificate of title.”
Manuel v. Bank of Am., N.A. (Bankr. D. Haw. 2023).
· cites it 2× “See HRS § 501-106 (2018) (“[I]n all cases of registration procured by fraud the owner may pursue all the owner’s remedies against the parties to the fraud, without prejudice however to the rights of any innocent holder for value of a certificate of title.”
Haw. Rev. Stat. § 501-106(a)(5): 1 case
Haw. Rev. Stat. § 501-106(a)(l): 1 case
Haw. Rev. Stat. § 501-106(b): 3 cases
Scholes v. Kiyoshi Kawaguchi, 419 P.3d 1029 (Haw. App. 2017).
“(b) The new certificate or memorandum shall be binding upon the registered owner and upon all persons claiming under the registered owner, in favor of every purchaser for value and in good faith; provided that in all cases of registration procured by fraud the owner may pursue…”
Fergerstrom v. PNC Bank, N.A., 342 F. Supp. 3d 1029 (D. Haw. 2018).
“" HRS § 501-106(b). "Transfer Certificates of Title are generally unimpeachable because the Hawaii Land Court registration system is designed to preserve the integrity of titles.”
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