§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).
Notes of Decisions
Bank of New York Mellon v. Larrua. Consol. With Case No. CAAP-18-0000571., 504 P.3d 1017 (Haw. App. 2022).
· cites it 2× “The mortgagee of record or other purchaser of the unit shall be deemed to acquire title and shall be required to pay the unit's share of common expenses and assessments beginning: 11 See HRS § 506-1(a) (2018) ("Every transfer of an interest in real property or fixtures made as…”
Lizza v. Deutsche Bank Nat'l Trust Co., 1 F. Supp. 3d 1106 (D. Haw. 2014).
· cites it 2× “Haw.Rev.Stat. § 506-1. A mortgage creates a lien as security for an obligation, but does not pass title.”
Young v. Embley, 143 P.3d 936 (Alaska 2006).
“§ 44-14-30 (West 2006); Haw.Rev.Stat Ann. § 506-1 (LexisNexis 2005); Idaho Code Ann.”
Fed. Home Loan Mortg. Corp. v. Transamerica Ins. Co., 969 P.2d 1275 (Haw. 1998).
· cites it 2× “See HRS § 506-1 (1993) (“Every transfer of an interest in real property or fixtures made as security for the performance of a another act or subject to defeasance upon the payment of an .”
Nishitani v. Baker, 921 P.2d 1182 (Haw. App. 1996).
“Hawaii Revised Statutes (HRS) § 506-1 (1985) provides, in relevant part, as follows: 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…”
Hawai'i Nat'l Bank v. Cook, 55 P.3d 827 (Haw. App. 2000).
· cites it 2× “[4] This is consistent with Hawai`i Revised Statutes (HRS) § 506-1 (1999), which provides that a mortgage "shall create a lien only as security for the obligation and shall not be deemed to pass title[,]" and HRS § 506-5 which states that "[i]n the absence of an agreement to the…”
Ellis v. Fusao Yumen, 324 F. Supp. 1314 (D. Haw. 1971).
“Now, as to Count IV, this Court cannot accept the contention of plaintiffs that the Agreement of Sale is in law a mortgage, pursuant to Section 196-1 RLH 1955 referring to the present HRS Section 506-1, and this Court knows of no authority to that effect in any of the courts of…”
Hawaii Nat'l Bank v. Okino, 461 P.2d 136 (Haw. 1969).
· cites it 2× “1939, now compiled as HRS § 506-1, which provided in pertinent part: A mortgage may secure the repayment of a 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…”
Katzenstein v. Sandwich Isles Commc'ns, Inc. (D. Haw. 2022).
· cites it 6× “6 6 HRS § 506-1 provides: (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…”
Richardson v. The Bank of New York Mellon (D. Haw. 2020).
· cites it 3× “Thus, pursuant to HRS § 506-1, any interest Plaintiff has in the subject property is subject to BONY Mellon’s lien until the loan is paid in full.”
Nationstar Mortg., LLC v. Ass'n of Apt. Owners of Elima Lani Condos.. (Haw. 2023).
· cites it 2× “AOAO cited HRS § 506-1(a) (Supp. 2015), which 5 Alternatively, AOAO requested that, if the circuit court denied its request for rents, Nationstar be required to pay AOAO maintenance and reserve fees from June 30, 2017 – the date of the entry of summary judgment – to the sale’s…”
— Haw. Rev. Stat. § 506-1(a) — 4 cases
Bank of New York Mellon v. Larrua. Consol. With Case No. CAAP-18-0000571., 504 P.3d 1017 (Haw. App. 2022).
“The mortgagee of record or other purchaser of the unit shall be deemed to acquire title and shall be required to pay the unit's share of common expenses and assessments beginning: 11 See HRS § 506-1(a) (2018) ("Every transfer of an interest in real property or fixtures made as…”
Nationstar Mortg., LLC v. Ass'n of Apt. Owners of Elima Lani Condos.. (Haw. 2023).
“AOAO cited HRS § 506-1(a) (Supp. 2015), which 5 Alternatively, AOAO requested that, if the circuit court denied its request for rents, Nationstar be required to pay AOAO maintenance and reserve fees from June 30, 2017 – the date of the entry of summary judgment – to the sale’s…”
Katzenstein v. Sandwich Isles Commc'ns, Inc. (D. Haw. 2022).
“6 6 HRS § 506-1 provides: (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…”
— Haw. Rev. Stat. § 506-1(b) — 1 case
Katzenstein v. Sandwich Isles Commc'ns, Inc. (D. Haw. 2022).
“6 6 HRS § 506-1 provides: (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…”
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