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Hawaii Revised Statutes

Haw. Rev. Stat. § 506-4 (2025)

  Interests in recorded mortgages and leases

✓ laws through the 2025 session: the 2026 session is not included
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     §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).

 

 

Notes of Decisions
Cited in 1 case, 1980–1980 · leading case: State Sav. & Loan Ass'n v. Kauaian Dev. Co., 613 P.2d 1315 (Haw. 1980).
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State Sav. & Loan Ass'n v. Kauaian Dev. Co., 613 P.2d 1315 (Haw. 1980). · cites it 2× “We therefore find, as a matter of law, that the leasehold estate subject to the horizontal property regime was, for purposes of the mortgage, reserved or excepted from the fee simple estate. Accordingly, parties purchasing condominium units either prior or subsequent to the…”
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