2020 Hawaii Revised Statutes
Title 28. Property
507D. Nonconsensual Common Law Liens and Frivolous Financing Statements
507D-2 Definitions.
§507D-2 Definitions. As used in this chapter:
"Court" means any court described in the laws of the United States or any state.
"Debtor" means a person named as the debtor in a financing statement.
"Federal official or employee" means an employee of the federal government as defined for purposes of the Federal Tort Claims Act, 28 U.S.C. Sec. 2671.
"Financing statement" means a record filed under chapter 490:9.
"Frivolous" means without any basis in law or fact.
"Lien" means a recorded instrument that creates an encumbrance on or affects title or ownership of property.
"Lien claimant" means the person who executes or records or causes or materially assists in causing the lien to be prepared, executed, or recorded.
"Nonconsensual common law lien" means a lien that:
(1) Is not provided for by a specific statute;
(2) Does not depend upon, require by its terms, or call for the consent of the owner of the property affected for its existence; and
(3) Is not a court-imposed equitable or constructive lien.
"Party in interest" means any owner, title holder, mortgagee, or other person holding a recorded or perfected security interest in real or personal property.
"Registrar" means the registrar of the land court or the bureau of conveyances.
"State or county officer or employee" means:
(1) A court-appointed commissioner;
(2) An appointed or elected officer;
(3) Employee of the judiciary; or
(4) Employee of a state or county department, agency, board, authority, or commission. [L 1996, c 24, pt of §1; am L 1997, c 284, §§1, 2; am L 1998, c 37, §1; am L 2002, c 145, §1]
