§501-151 - Pending actions, judgments; recording of, notice. - Hawaii Statutes

PENDING ACTIONS; JUDGMENTS AND PARTITIONS; RECORDING

 

     §501-151  Pending actions, judgments; recording of, notice.  No writ of entry, action for partition, or any action affecting the title to real property or the use and occupation thereof or the buildings thereon, and no judgment, nor any appeal or other proceeding to vacate or reverse any judgment, shall have any effect upon registered land as against persons other than the parties thereto, unless a full memorandum thereof, containing also a reference to the number of certificate of title of the land affected is filed or recorded and registered.  Except as otherwise provided, every judgment shall contain or have endorsed on it the State of Hawaii general excise taxpayer identification number, the federal employer identification number, or the last four digits only of the social security number for persons, corporations, partnerships, or other entities against whom the judgment is rendered.  If the judgment debtor has no social security number, State of Hawaii general excise taxpayer identification number, or federal employer identification number, or if that information is not in the possession of the party seeking registration of the judgment, the judgment shall be accompanied by a certificate that provides that the information does not exist or is not in the possession of the party seeking registration of the judgment.  Failure to disclose or disclosure of an incorrect social security number, State of Hawaii general excise taxpayer identification number, or federal employer identification number shall not in any way adversely affect or impair the lien created upon recording of the judgment.  This section does not apply to attachments, levies of execution, or to proceedings for the probate of wills, or for administration in a probate court; provided that in case notice of the pendency of the action has been duly registered it is sufficient to register the judgment in the action within sixty days after the rendition thereof.

     As used in this chapter "judgment" includes an order or decree having the effect of a judgment.

     Notice of the pendency of an action in a United States District Court, as well as a court of the State of Hawaii, may be recorded.

     The party seeking registration of a judgment shall redact the first five digits of any social security number by blocking the numbers out on the copy of the judgment to be filed or recorded. [L 1903, c 56, §80; RL 1925, §3269; am L 1931, c 223, §1; RL 1935, §5078; RL 1945, §12678; RL 1955, §342-78; HRS §501-151; am L 1972, c 91, §1(aa); gen ch 1985; am L 1986, c 246, §18; am L 1990, c 203, §2; am L 1993, c 18, §4; am L 2008, c 86, §1; am L 2009, c 5, §2]

 

Note

 

  The 2008 amendment shall not be applied to judgments, orders, or decrees existing and filed or recorded in the bureau of conveyances or land court as of July 1, 2008.  L 2008, c 86, §5.

 

Rules of Court

 

  Recording notice, see RLC rule 62(d).

 

Case Notes

 

  Where plaintiff obtained and recorded its judgment after pendency of foreclosure action was filed with land court, plaintiff had constructive notice of the lawsuit and was bound by state court's orders.  876 F. Supp. 230.

  Pursuant to this section, §501-152, and TSA International, the circuit court has jurisdiction to expunge a lis pendens originally recorded in the land court and thus did not err when it asserted jurisdiction over the case.  101 H. 81, 63 P.3d 389.

  The circuit court properly granted defendant's motion to expunge the lis pendens where plaintiff's application for lis pendens did not seek to obtain title to or possession of the real property at issue, and thus was not valid.  101 H. 81, 63 P.3d 389.

  Lis pendens and supplemental lis pendens invalid where plaintiffs' claims for relief did not fall within categories authorizing filing of lis pendens under this section.  85 H. 398 (App.), 944 P.2d 1341.

  Whether a lis pendens is valid under this section is determined by the nature of the relief sought in the recording parties' pleading.  85 H. 398 (App.), 944 P.2d 1341.

  Where plaintiffs filed a notice of pendency of action pursuant to this section and §634-51, magistrate judge's order, in applying Sports Shinko to the facts of the case to deny defendant's motion to expunge, was not clearly erroneous or contrary to law.  529 F. Supp. 2d 1206.