Hawaii Revised Statutes 502-33 Identification of Reference to Registration of Original.

Note

Sections 502-31 to 502-34 designated as Part IV and part heading amended by L 2009, c 102, §2(5).

§502-33 Identification of reference to registration of original. (a) If the owner of a fee time share interest acquired title thereto pursuant to a deed or other instrument filed or recorded in the land court pursuant to chapter 501, then the registrar need not accept for recording any deed, mortgage, or other voluntary instrument purporting to convey or affect title to such fee time share interest unless the deed, mortgage, or other voluntary instrument contains a reference to the certificate of title number by which the owner of the fee time share interest acquired title thereto. The term "fee time share interest" as used in this subsection shall have the same meaning as in section 501-20.

(b) Except as otherwise provided in subsection (a), the registrar shall not record any instrument requiring a reference to a prior recorded instrument, unless the same contains a reference to the book and page or document number of the registration of the original recorded instrument or a statement that the original instrument is unrecorded, as the case may be. 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 registration of the judgment. No amendment, continuation statement, termination statement, statement of assignment, or statement of release relating to security interests in goods which are or are to become fixtures shall be filed unless it complies with the requirements of part 5 of Article 9 of the Uniform Commercial Code. This section does not apply to any document mentioned herein executed prior to April 13, 1915.

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 1915, c 74, §1; RL 1925, §3145; RL 1935, §5132; RL 1945, §12732; RL 1955, §343-23; am L 1966, c 18, §9; HRS §502-33; am L 1972, c 125, §1(b); am L 1989, c 47, §11; am L 1990, c 203, §3; am L 1992, c 197, §9; am L 2001, c 55, §26; am L 2008, c 86, §2; am L 2009, c 5, §3; am L 2012, c 121, §7]

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.

Cross References

Uniform Commercial Code, see chapter 490.

Law Journals and Reviews

Later mortgagee having actual notice of earlier mortgage is not entitled to priority merely because earlier mortgage omitted the book and page references required by this section and §506-4. Haw Supp, 4 HBJ, Nov 1966, at 30.

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Last modified: October 27, 2016