Hawaii Lien Search

The process of looking up public documents to find any liens or legal claims against real estate in Hawaii is called a Hawaii Lien Search. This check is typically necessary for prospective purchasers, lenders, and investors to ensure the property is clear of debts that can compromise ownership or value. Transparency and legal clarity in real estate transactions are ensured by the Hawaii Bureau of Conveyances, a Department of Land and Natural Resources subsidiary that keeps and distributes these data. Lien searches may also be performed through the state courts as lien documents may be maintained as part of Hawaii civil court records.

What is a Lien in Hawaii?

In Hawaii, a lien is a legal claim against property to guarantee the fulfillment of a duty or debt. It impacts the property because it keeps it from being sold or refinanced until the debt is paid off. The Hawaii Revised Statutes (HRS) Chapter 507 outlines the state's provisions on lien creation and execution. It describes the formation, enforcement, and priority of liens.

Types of Liens in Hawaii

Liens may result from unpaid contractors' service bills, taxes, mortgage defaults, or court orders. Consequently, there are various kinds of liens in Hawaii. They include:

• Mechanic's and Materialman's Liens
• Tax Liens
• Judgement Liens
• Mortgage Liens
• Home Owner's Association (HOA) Liens
• Child support Liens
• Hospital Liens

Nevertheless, liens can be broadly classified according to some characteristics, including their type (generic or particular), how they attach to property, and whether or not attachment is required by law.

General Liens in Hawaii

In Hawaii, creditors have the legal right to impose general liens—including real estate—on debtors' belongings to force them to repay debts. All of the debtor's property, including real and personal, is covered by general liens, as opposed to specific liens focusing on a single asset. This implies that the creditor has the right to pursue repayment by selling any debtor's assets, including real estate, if the debtor defaults on their financial obligations. General liens are a useful instrument used by creditors to enforce debt payback. They can result from a variety of situations, including judgments, taxes, or unpaid services.

Specific Liens

In Hawaii, claims made against specific assets—usually real estate—are known as specific liens, and they serve as security for a debt or obligation. They specifically target a particular piece of property, unlike general liens. Mechanic's liens, which guarantee payment for labor or materials used in property upgrades, and mortgages, which guarantee home loans, are two examples of specific liens. To ensure that creditors are paid from the proceeds of the sale of the designated asset, these liens must be fulfilled before the property may be sold or refinanced.

Consensual vs Involuntary Liens

Voluntary and involuntary liens are primarily distingushed by the method of establishment. The property owner voluntarily creates voluntary liens to secure a debt, frequently through mortgages or home equity loans. On the other hand, involuntary liens, which are usually the consequence of legal actions like mechanic's liens, judgment liens, or tax liens, are imposed without the owner's agreement. Regardless of the owner's desire, these forced liens guarantee that creditors can seize the property to recoup unpaid debts.

Statutory Liens

In Hawaii, statutory liens are automatically issued by state law as a means of securing obligations or debts. A contract or other agreement between parties is not necessary for them. Examples include mechanic's liens filed by suppliers or contractors for unpaid labor or supplies on real estate, and tax liens enforced by the government for unpaid taxes. Statutory liens give creditors the legal ability to seize and sell the debtor's property in order to recoup unpaid obligations.

What is a Tax Lien in Hawaii?

A tax lien in Hawaii is a legal claim that the state government places on taxpayers' property when they don't pay the due taxes. A tax lien protects the government's right to collect unpaid taxes by enabling the seizure and sale of the taxpayer's property, in accordance with Hawaii Revised Statutes (HRS). This ensures that taxes are eventually paid, either voluntarily or with the revenues from the sale of the property.

The Hawaii Revised Statutes (HRS), including Title 14 (Taxation), Chapter 231 (Administration of Taxes), and Chapter 237 (General Excise Tax Law), provide detailed information on tax liens in Hawaii. Title 14, Chapter 246 (Real Property Taxation) also contains information on property tax liens.

Are Tax Liens Public Record?

Yes, tax liens are public records in Hawaii according to the Uniform Information Practices Act, chapter 92F, Hawaii Revised Statutes ("UIPA"). Statutes and regulations control the disclosure and management of these records. For example, HRS § 231-33 deals specifically with filing tax liens and states that a tax lien becomes a matter of public record upon filing. Generally, the statute that covers various aspects of tax administration is Hawaii Revised Statutes (HRS) Chapter 231.

The Bureau of Conveyances, a branch of the Department of Land and Natural Resources (DLNR), is responsible for maintaining tax lien records in Hawaii. The Bureau of Conveyances also keeps up-to-date tax liens and other public documents pertaining to land transactions.

Hawaii Tax Lien Search

Persons interested in conducting a Tax Lien Search in Hawaii may contact the Department of Taxation, the Bureau of Conveyances, or the county recorder's office. If the inquiry is made in the county where the property taxpayer resides, the county recorder's office may be the first place to look; otherwise, the other previously stated agencies would be sufficient.

Tax lien searches may be completed online, in person, or by mail, depending on the instructions provided by the agency being contacted. For example, the "property records search" online tool can be used to do an online search for tax liens at the city or county level, using the City and County of Honolulu Real Property Assessment Division as an example. Parcel number (Tax Map Key), location address, or board of review scheduled appeals can be used as search parameters.

Tax lien information is also available to the public through the Hawaii Department of Taxation. They can be contacted via phone, email, or in person; all relevant information required is provided on their website.

Interested members of the public may also obtain tax information via the "Online Indexed Document Search and Download System," maintained by the Bureau of Conveyance. To utilize the Document Search & Ordering system, users are typically required to create an account first. After registering, they can use the system for free searches and only have to pay for documents they want to buy with a credit card or subscription. Subscribers using credit cards: $1 per page, per document. Unlimited monthly document memberships cost $1000, Public monthly document subscriptions cost $50, and $3 per document. Names, parcel numbers, transfer certificates of titles, specific document numbers or a range of numbers, and the recording date are among the search parameters usually required.

Alternatively, interested persons may conduct an onsite search at the office location:

Bureau of Conveyances
Kalanimoku Building
1151 Punchbowl Street, Room 120
Honolulu, Hawaii 96813

Federal Tax Lien Search

Hawaii Revised Statutes (HRS) outlines the procedures for filing and the legal implications of a federal tax lien on registered land under the Land Court system, and the requirement that federal tax liens be recorded with the Bureau of Conveyances. These provisions are outlined under Title 28 (Property), Chapter 501 (Land Court Registration), and Chapter 502 (Bureau of Conveyances; Recording). The IRM 5 of the Internal Revenue Service (IRS) generally provides that federal tax liens for real property are filed where the property is physically located in a county in the state. In contrast, the one for personal property is filed in the county of state where the taxpayer resides.

The Bureau of Conveyances can be contacted online, by mail, or by anybody wishing to perform a federal lien search. Those interested in learning more might contact the IRS, which also has its federal lien records. An individual might also hire a lawyer or a title business to search on their behalf. For those interested, third-party websites also offer search services, but there may be a fee and no guarantee of the accuracy of the data.

What is a Lien on Property in Hawaii?

A lien is a legally recognized claim or hold that is put on real or personal property in Hawaii, usually as security for a debt or obligation. This suggests that before the property is sold or transferred in any other way, the lien must be fulfilled. In Hawaii, moveable goods and intangible assets that are not connected to the land are referred to as personal property. Real property, on the other hand, refers to land and anything permanently linked to it, such as buildings and structures.

Liens can originate from a variety of sources, such as unpaid taxes, mortgages, or decisions made against the landowner. In Hawaii, liens against property might be judgment, mortgage, mechanics', or tax liens. Liens on real estate are governed under Hawaii Revised Statutes (HRS) Chapter 507.

Who Can Put a Lien on a Property?

A property may be subject to a lien from various parties, such as contractors, government organizations, and creditors. Court orders for outstanding debts allow creditors to obtain liens. Liens can be placed by government organizations on account of unpaid taxes or local fees. Suppliers, laborers, and contractors may file mechanics' or material men's liens for unpaid work or materials supplied for property upgrades.

How to Put a Lien on Property in Hawaii

The type of lien being posted will dictate the rules that control lien placement on properties in Hawaii. Generally, liens are filed for outstanding debts pertaining to goods or services rendered, such as unpaid property taxes or mechanic's liens for building or remodeling projects. Any lien placement will typically follow these steps:

• After deciding what kind of lien to file, the first step would be to find the debtor's property, ensure they own it, and then submit a notice of lien. For example, to file a mechanic's lien, the property owner must get notice that a claim is intended. This is often needed 45 days or less after the materials are delivered or the work is finished.
• Preparing the lien application document and filing it with the circuit court of the circuit where the property is located would be the next step. The debt, assets, and parties involved must all be fully disclosed in the document. When applying for a materialmen's lien, the applicant must include the amount being sought, the labor or material provided, a detailed description of the property to allow for its identification, and any additional information required to comprehend the claim. Within three days of service, the Application and Notice must be returned; however, they cannot be returned later.
• On the day of return, the person who received the lien notice would have to show up in court for a hearing where they might refute the allegations contained in the lien application. If the court determines that there is probable cause, it will continue to place a lien on the property and keep it there until the debtor can pay off all outstanding debts; if not, the property will be used as directed by the lien.

How to Find a Lien on Property in Hawaii

In Hawaii, one can begin a property lien search by going to the county courthouse where the lien was filed. On the other hand, public documents are accessible online via the RecordEase web access tool of the Hawaii Bureau of Conveyances. To look for liens, use the owner's name or the property's Tax Map Key (TMK). Alternatively, assistance can be obtained by going to the Bureau of Conveyances, which is situated in Honolulu. Hawaii records property transactions using two distinct systems, so be careful to check the Regular System and the Land Court System.

Property Lien Search By Address

The primary custodian of property lien records in Hawaii, the Bureau of Conveyance, typically provides lien search data using specific search parameters, such as the name of the property, the Tax Map Key (TMK), the document number, or the recording date, but not the property address. One way to conduct a property lien lookup in Hawaii with the property address is to use third-party sites for the search; many third-party aggregator websites offer an address search option for users seeking Hawaii public records, including lien records, but these services are frequently fee-based.

Free Lien Search on Property

In Hawaii, inquirers may conduct a free lien search by visiting the county courthouse clerk and submitting a request, or one can contact the Bureau of Conveyance in person or online. In Hawaii, lien searches are usually conducted at no cost. Only when someone requests copies of the documents are there processing fees.

What is a Mechanics Lien in Hawaii?

In Hawaii, a mechanic's or materialmen's lien is a legally recognized claim made against real estate by laborers, suppliers, subcontractors, and contractors who have provided labor or materials for building or renovation projects but have not received payment. By putting a hold on the property and guaranteeing they may obtain payment, this lien may result in foreclosure should the amount go unpaid. To properly enforce such liens, Hawaii law, as outlined in Hawaii Revised Statutes (HRS) Chapter 507(45-47), requires strict adherence to notice and filing dates.

Hawaii Mechanics Lien Search

In Hawaii, searching for a mechanic's lien involves the same steps as searching for any other kind of lien. One can perform the search using the necessary search parameters by contacting the Bureau of Conveyance or the county court clerk's office.

What is a Mortgage Lien in Hawaii?

In Hawaii, a mortgage lien is a court order placed by a lender on real estate that has been pledged as security for a loan. The lender can foreclose on the property if the borrower doesn't make their mortgage payments as agreed. The Hawaii Bureau of Conveyances records mortgage liens, publicly available the lender's interest. Before selling or transferring property in real estate transactions, mortgage liens must be paid off. This usually entails settling any remaining mortgage debt, guaranteeing the new owner's title transfer, and averting legal issues. Hawaii Revised Statutes (HRS) Chapter 506 contains most of the state's mortgage lien laws.

What is a UCC Lien in Hawaii?

In Hawaii, a Uniform Commercial Code (UCC) lien is a formal claim made by a creditor on the assets or personal property of a debtor as security for a debt. This lien is usually applied in secured transactions involving mobile assets like inventories or equipment. If the debtor defaults, it guarantees the protection of the creditor's interest and permits them to seize and sell the assets.

Hawaii Revised Statutes (HRS) Chapter 490, which contains the Uniform Commercial Code, governs UCC liens. Article 9 of Chapter 490 specifically addresses secured transactions, including the establishment, perfection, and enforcement of UCC liens on fixtures and personal property.

UCC Lien Search Hawaii

A UCC search can be conducted in Hawaii through the Bureau of Conveyance by using the online search tool. A person can also visit the office location to make inquiries at:

Kalanimoku Building
1151 Punchbowl St. #120
Honolulu, HI 96813

For phone and other contact information here are the details:

Ph: (808) 587-0147
Fax: (808) 587-0136
Email: dlnr.bc.faq@hawaii.gov

What is a Lien Title in Hawaii?

In Hawaii, a title lien is a creditor's formal claim over a vehicle because of unpaid debts. The fact that the car acts as collateral for the loan is mentioned on the title of the car. Ownership of the vehicle is retained, but before selling or transferring the title, the lien must be paid off. When the obligation is settled, and the lienholder gives a release, the lien is lifted. The lienholder may take possession of the car to reclaim the loan if it is not paid. When it comes to auto loans, this is typical—the lender holds the lien until the amount is paid in full.

Hawaii Title Lien Search

Hawaii does not operate a statewide Department of Motor Vehicles (DMV) since county governments oversee vehicle registration; therefore, anyone wishing to perform a title search must contact the local DMV office. When conducting a car title search, keep the following steps in mind:

• Obtaining the vehicle's identification number (VIN) and other pertinent information, such as the brand, model, and year of the car, should come first. These particulars are significant as a search criterion.

• The Hawaii Department of Motor Vehicles (DMV) website should be visited next. In Hawaii, each county has its own DMV office; thus, the requester needs to make sure they are contacting the right one to find out where they are. To check for liens, a person can enter their VIN using an internet tool many counties provide. Search for a section labeled "Lien Search" or "Title and Registration". For example, users can search titles using the Honolulu County Motor Car Inquiry online tool by entering the car type, license number, and VIN as search parameters.

• Additionally, one can ask the DMV for a title search if they prefer a more formal procedure or if online options are inaccessible. This could entail paying a fee and completing a request form. For example, the following actions are necessary for the City and County of Honolulu vehicle title search:

• Enclose the following details in a letter requesting confirmation that no Hawaii title was granted:

Name (as it appears on the registration)
Current mailing address
Vehicle Identification Number (VIN)
License Plate
Email address (to notify the applicant of any discrepancy or incomplete paperwork – DMV does not save this information)
Signature

• Then Mail the letter to:

Division of Motor Vehicles and Licensing
P.O. Box 30330
Honolulu, HI 96820-0330
Or, email your signed and dated letter to: MVINFO@honolulu.gov

Free Title Lien Search in Hawaii

Those who are interested in automobile title information must often contact the DMV office that is unique to their county, as the Hawaii Department of Motor Vehicles (HDMV) does not maintain a central repository for such information. A free online title search service is provided by some of these county agencies; one such facility is the Honolulu Motor Vehicle Inquiry webpage. While some third-party websites might provide a free title search, and interested persons can utilize them, a more comprehensive vehicle information request would typically cost money.

What is a Judgement Lien in Hawaii?

In Hawaii, a judgment lien is a legally mandated claim made against a debtor's assets to collect unpaid judgment debt. Any money judgment, order, or decree of a state court or the United States District Court for the District of Hawaii is a lien upon real property when a copy of it, certified as correct by a clerk of the court where it is entered, is recorded in the bureau of conveyances, as per the Hawaii Revised Statutes (HRS) Chapter 636, specifically HRS § 636-3. No such lien may persist for the duration that the underlying judgment, order, or decree is in effect.

Unless otherwise specified, each judgment must bear the endorsement of the federal employer identification number, the Hawaii tax identification number, or, in the case of individuals, corporations, partnerships, or other entities that the judgment, order, or decree is directed against, the last four digits of their social security number.

A creditor who has obtained a judgment in any court, or the creditor's successor in interest when that interest appears of record, may apply to the court for the issuance of orders, summonses, or subpoenas, allowing the judgment debtor and anyone else with knowledge of the debtor's affairs or property to be examined orally. This is stated in HRS § §636-4.

Hawaii Judgement Lien Search

Hawaii residents can use the online eCourt system of the Hawaii State Judiciary to search court records and perform a judgment lien search. The party's name or case number can be used to search for information on any judgment liens that are currently in effect. Furthermore, liens on real estate are kept on file by the Bureau of Conveyances, and these documents can be consulted in person or online. Another option is to contact a title company or lawyer to have them conduct a thorough lien search to ensure no liens are missed.

How to Get a Lien Release in Hawaii

In Hawaii, the debtor must pay out the whole judgment debt, including all expenses and interest, to have the lien released. After the debt is settled, the creditor is typically required to submit a "Satisfaction of Judgment" to the court that granted the judgment. The court will subsequently remove the lien from the property records by issuing a lien release, which needs to be filed with the Bureau of Conveyances. For personal records, inquirers may obtain a copy of the recorded release to confirm that the satisfaction of the lien is reflected in all public documents.

How to Get a Copy of a Lien Release in Hawaii

In Hawaii, one must first confirm that the lien has been satisfied and file a "Satisfaction of Judgment" with the court to receive a copy of a lien release. For a copy of the lien release, go to the court clerk's office where the judgment was issued. Alternatively, look up and print the document using the Hawaii State Judiciary's eCourt online system. Contact the Bureau of Conveyances to obtain a copy of the recorded lien release for real estate liens.