§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, 4 HBJ, Nov 1966, at 30.



 



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.