Haw. Rev. Stat. § 506-4

Current through the 2024 Legislative Session
Section 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.

HRS § 506-4

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.

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.