§501-88 Certificate as evidence. The
original certificate in the registration book, and any copy thereof duly
certified under the signature of the registrar or assistant registrar, and the
seal of the court, shall be received as evidence in all the courts of the State
and shall be conclusive as to all matters contained therein, except as
otherwise provided in this chapter. [L 1903, c 56, §47; RL 1925, §3237; RL
1935, §5047; RL 1945, §12647; RL 1955, §342-48; HRS §501-88; am L 1988, c 346,
§6]
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).
Conclusive character of certificate considered. 35 H. 816,
822 (1941).
Certificate does not freeze seaward boundary, it being
subject to erosion. 55 H. 176, 517 P.2d 57 (1973).
Matters contained in transfer certificate of title were not
conclusive. 8 H. App. 273, 800 P.2d 618 (1990).
Notes of Decisions
Wells Fargo Bank, N.A. v. Omiya., 420 P.3d 370 (Haw. 2018).
· cites it 4× “For the reasons discussed, registering a quitclaim deed is not equivalent to the creation or entry of a new certificate of title. As Wells Fargo argued, the evidence does not show that a new certificate of title was entered; had one been created, a certified and sealed copy of…”
Fukunaga v. Fukunaga, 800 P.2d 618 (Haw. App. 1990).
· cites it 12× “166,521 and HRS § 501-88, 5 his status as a joint tenant of the Property is “conclusive.”
Aames Funding Corp. v. Mores, 110 P.3d 1042 (Haw. 2005).
· cites it 2× “This proposition appears to be buttressed by HRS § 501-88 (1993), which provides that the matters stated in the certificate are to be given conclusive effect in the courts.”
Takushi v. BAC Home Loans Servicing, LP, 814 F. Supp. 2d 1073 (D. Haw. 2011).
· cites it 2× “This proposition appears to be buttressed by HRS § 501-88 (1993), which provides that the matters stated in the certificate are to be given conclusive effect in the courts.”
Yanagi v. Bank of Am.. (Haw. 2023).
· cites it 6× “Rather, he states that the “bar to ‘impeaching’ a foreclosure proceeding emanates from HRS § 501-88.” That statute is titled “Certificate as evidence,” and it provides the following: The original certificate in the registration book, and any copy thereof duly certified under the…”
Manuel v. Bank of Am., N.A. (Bankr. D. Haw. 2023).
· cites it 6× “Rather, he states that the “bar to ‘impeaching’ a foreclosure proceeding emanates from HRS § 501-88.” That statute is titled “Certificate as evidence,” and it provides the following: The original certificate in the registration book, and any copy thereof duly certified under the…”
Aurora Loan Servs., LLC v. Kalahiki, Jr., 518 P.3d 325 (Haw. App. 2022).
· cites it 4× “HRS § 501-88 (2006) provides: The original certificate in the registration book, and any copy thereof duly certified under the signature of the registrar or assistant registrar, and the seal of the [land] court, shall be received as evidence in all the courts of the State and…”
U.S. Bank Nat'l Ass'n v. Lake (Haw. App. 2026).
· cites it 4× “1326 Keeaumoku acknowledges that the Circuit Court "sits in equity when they award surplus proceeds," and "is permitted to depart from a literal interpretation of HRS § 667-10," but argues that under HRS § 501-88 its "Certificate of Title provides conclusive evidence that 1326…”
W. Fin. Bank v. Raras, 183 P.3d 756 (Haw. App. 2008).
· cites it 3× “" [3] HRS § 501-88 provides, Certificate as evidence.”
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