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.