Rule 62 - Filing Liens, EtcA lien, attachment, order, decree, or other involuntary instrument which contains or has indorsed upon a fly sheet conforming to Rule 58.5 of these Rules a reference to the proper number of the certificate affected may be recorded in the office of the assistant registrar in the bureau of conveyances. The effect of such recordation shall be as provided by law (see Hawai'i Revised Statutes, Section 501-102; see also Hawai'i Revised Statutes, Chapters 231 and 505 concerning state and federal tax liens).
(a) Attachment and Other Liens; Recording of. When a writing of any description of a copy of any writ affecting land issued by a judge of a circuit in which the land is situated is recorded to create or preserve any lien, right, or attachment on land or interest therein, in addition to any particulars required in such papers for recording with the records of deeds, it shall also contain a reference to the number of the certificate to be affected.(b) Mechanic's Lien. When a mechanic's lien or lien for labor and materials is claimed upon land, and the notice required by law is filed in the circuit court where the land is situated, an attested copy of the order directing the lien to attach which contains or has indorsed upon a fly sheet conforming to Rule 58.5 of these Rules a reference to the certificate affected may be recorded with the assistant registrar. Any such lien may be discharged as provided by law (see Hawai'i Revised Statutes, Section 507-45 ).(c) Notice of Bankruptcy. Whenever a certified copy of the petition in bankruptcy under a voluntary bankruptcy, or a certified copy of the order for relief under involuntary bankruptcy filed in a United States Bankruptcy Court for reorganization under Chapter 11 of the bankruptcy code is recorded against the owner of registered land, and the instrument contains or has indorsed upon it the proper number of the certificate affected, the assistant registrar shall note such fact by entry of an appropriate memorandum on the certificate. After such memorandum has been entered on the certificate, no conveyance by the registered owner shall be recorded unless the conveyance recites that it is made subject to the rights of the trustee in bankruptcy.(d) Recording Notice of Pendency of Action. In any action concerning land or affecting the title or the right of possession of land, the plaintiff may record with the assistant registrar a certified copy of a notice of pendency of the action of a United States District Court or of a state court, containing the names or designations of the parties, as set out in the summons or pleading, the object of the action or claim for affirmative relief, a description of the land affected thereby, and a reference to the number of the proper certificate affected.(e) Judgment Lien. Money judgments, orders, or decrees of a Hawai'i state court or the United States District Court for the District of Hawai'i, shall create a lien upon registered land if certified copies of the same are recorded in the bureau of conveyances; provided that only the monetary lien created by the recordation shall affect the land; provided further that no other provision of a judgment, order, or decree shall affect registered land unless recorded in compliance with Hawai'i Revised Statutes, Chapter 501 and these Rules. Notwithstanding the foregoing provision, any money judgment or decree of a state court or the United States District Court for the District of Hawai'i, if certified as correct by a clerk of the court where it is entered, may be recorded with the assistant registrar. The effect of such recordation in the bureau of conveyances or the land court and the duration of any lien created thereby shall be as provided by law (see Hawai'i Revised Statutes, Section 636-3 ). A satisfaction of such money judgment or a copy thereof, certified as correct by a clerk of the court where it is entered, may be recorded in the bureau of conveyances or with the assistant registrar, depending upon where the money judgment is recorded. Every judgment, assignment of judgment or satisfaction of judgment recorded in the land court shall contain a reference to the proper number of the certificate affected.(f) Foreign Judgment. An exemplified copy of any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this state, when filed in the office of the clerk of the appropriate court of this state, which contains the proper number of the certificate affected may be recorded with the assistant registrar. The effect of such recordation and the enforceability or satisfaction of the judgment shall be as provided by law (see Hawai'i Revised Statutes, Chapter 636C).(g) Liens Upon Interests of Heirs and Devisees. Proper papers relating to an involuntary lien, charge or lis pendens against the interest of a relict, heir or devisee in the lands of a deceased registered owner, prior to the registration of the title of such relict, heir or devisee, may be recorded with the assistant registrar as in other cases, in which event the assistant registrar shall make entry thereof as a memorial on the certificate entered in the name of the deceased owner, giving the name and the address of the relict, heir or devisee against whom the lien, charge or lis pendens is sought to operate. (See Hawai'i Revised Statutes, Section 501-171(b) concerning the effect and necessity of such recordation.)Amended November 6, 2019, effective 11/17/2019.