Hawaii Lien: A Complete Guide to Liens in the State

A lien is a legal claim on a property to make sure a debt gets paid. Once it is filed, the creditor can enforce it, and the owner cannot sell, refinance, or transfer the property until the lien is cleared. Lien rules differ by state, so it is important to know Hawaii’s laws.

What Is a Lien in Hawaii?

In Hawaii, a lien is a legal claim on property for unpaid debts. Unlike other states, the property cannot be sold or refinanced until the debt is cleared. Underthe Hawaii Revised Statutes (HRS) Chapter 507, liens can cover land, buildings, vehicles, or business equipment, and once filed, they become public record available to buyers and lenders.

Liens impact everyone in a property deal. For owners, they can delay or block a sale. For buyers, it is important to check for liens to make sure the property is clear. For creditors, a lien is a strong way to guarantee they get paid

Types of Liens in Hawaii

There are various kinds of liens in Hawaii. They include:

1. A propertytax lien happens when property taxes go unpaid. The government places a legal claim on the property, giving it certain rights to it. If the taxes remain unpaid, the government can sell the property at auction to recover the money owed.
2. A mechanic’s or materialman’s lien kicks in when contractors or suppliers do not get paid for their work or materials. It is basically their way of putting a legal hold on the property until they get what they are owed. If the bill still does not get paid, they might even be able to force the sale of the property to collect their money.
3. A judgmentlien happens when someone loses a court case and owes money. The court lets the winner put a legal claim on the loser's property as a way to make sure they eventually get paid. This claim stays attached to the property until the debt gets settled, and if the debt goes unpaid, the property could end up being sold to pay off what's owed.
4. If a parent gets behind on child support, the Child Support Enforcement Agency can put a legal hold on their property and assets. This means they can go after things like the parents' house, insurance payouts, or any settlement money to collect the unpaid child support.

How to Search for Liens in Hawaii

You can look up lien records in Hawaii since they are public information. There are several places where you can access these records.

• If you need to look up property or lien records in Hawaii, you will do so through the state’s Bureau of Conveyances in Honolulu. You can search their records by using a name, a document number if it is available, or specific property details.
• You can use the online portal to find records about property deeds and liens. If you want to look something up or make copies, there may be a small fee for searching and downloading documents.
• You can look up court judgments and any related liens in Hawaii using the State Judiciary's eCourt Kokua system online. Just head to the site, type in the name or case details you are interested in, and you will be able to search for the information you need quickly and easily. It is a helpful tool if you want to check court records or see if there are any liens connected to a person or property
• Title Companies and Third-Party Services: Commonly used in real estate to check for liens and prepare title reports.

Lien Records in Major Hawaiian Cities

Lien searches work the same across the state since the recording system is centralized, which is the Bureau of Conveyances

• All property records in Honolulu (Oahu) are kept at the Bureau of Conveyances. This central location makes it easy for anyone to access information from anywhere in the state.
• When searching for Hilo (Hawaii County), individuals can search through the same statewide bureau system, but local offices in Hilo might be able to help if assistance is needed.
• Kailua-Kona (Hawaii County): Residents can access records online through the Bureau of Conveyances.
• Wailuku (Maui County): You can find lien information through Hawaii’s statewide recording system, which keeps all records in one place for easier searching.
• Lihue (Kauai County): Records are all kept in one statewide database through the Bureau of Conveyances, making it easy to find what you need from anywhere in Hawaii.

How Long Does a Lien Stay on Property in Hawaii?

Lien duration in Hawaii depends on the lien type:

• Property Tax Liens: A property tax lien stays on the property until the taxes are paid. If left unpaid, the county can eventually sell the property at auction to recover the debt.
• Mechanic’s Liens: They are usually valid for six months, unless a lawsuit is filed to enforce them.
• Judgment Liens: This lasts for 10 years and can be renewed if the debt has not been paid off by then.
• Mortgage Liens: This record stays on the property until the loan is fully paid off. Once the mortgage is satisfied, the lender files a release to remove the lien.
• Tax Liens (IRS/State): Federal tax liens usually last 10 years. Hawaii state tax liens stay in place until the debt is paid or the state’s collection period ends.

How to Remove a Lien in Hawaii

A lien can be cleared by settling the debt or proving the lien is not valid. Below are the common methods:

1. Paying the Debt: Once the debt is fully paid, the lienor files a release document with the Bureau of Conveyances to clear the lien from the record.
2. Negotiating a Settlement: Creditors might agree to a smaller payment or a payment plan, then release the lien once it’s settled.
3. Court Petition: Property owners can go to court to get a lien removed if it is wrong or was not filed properly.
4. Recording a Release or Satisfaction: The lienholder must file a release once the debt is paid, but property owners should verify with the records office that the lien has been properly removed.

Liens in Hawaii are an important part of property law. They protect creditors while making sure property owners meet their obligations. It’s important for buyers, sellers, and lenders to know the different types of liens, how to check for them, how long they last, and how to remove them.

Hawaii’s Bureau of Conveyances keeps a statewide recording system, which makes searching and filing liens easier than in many other states. Still, there are strict deadlines and rules, so it’s a good idea to check with the Bureau, a title company, or a lawyer to handle liens correctly.