Hawaii Notice of Mechanic's and Materialman's Lien

State:
Hawaii
Control #:
HI-02-09
Format:
Word; 
Rich Text
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Understanding this form

The Notice of Mechanic's and Materialman's Lien is a legal document used by contractors, suppliers, and laborers to notify property owners and other interested parties of a lien claimed on a property due to unpaid services or materials. This form serves as a formal notice that the claimant intends to secure a right to payment against the property, differentiating it from other types of lien documents by specifically focusing on construction-related claims.


Form components explained

  • Identification of the lienor and respondents involved in the claim.
  • A description of the principal amount owed, including interest, costs, and attorney's fees.
  • Details of the services, materials, equipment, and labor provided.
  • Specification of the property where the lien is claimed, along with improvements made.
  • The effective date of the agreement or contract related to the services provided.
  • Signature and printed name of the lienor or authorized representative.
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When to use this form

This form should be used when a contractor, subcontractor, or supplier has provided materials or services for construction or improvements on a property and has not received payment. Utilizing this notice before pursuing legal action helps protect the lienor's rights and ensures that all parties are informed of the claim, which can prompt resolution of payment issues.

Who this form is for

  • General contractors or subcontractors who have not been compensated for their work.
  • Suppliers of materials or equipment used in construction projects.
  • Laborers or employees involved in the improvement of the property.
  • Legal representatives or agents acting on behalf of the lienor.

Instructions for completing this form

  • Identify the lienor and the respondents clearly, including full names and addresses.
  • Specify the principal amount due, along with any interest, costs, and attorney's fees.
  • Describe the services, materials, and labor provided in detail.
  • Accurately describe the property involved and the nature of improvements made.
  • Enter the date and sign the form, ensuring the proper designation of the lienor's capacity, if applicable.

Does this form need to be notarized?

This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.

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We protect your documents and personal data by following strict security and privacy standards.

Avoid these common issues

  • Failing to provide a detailed description of the work performed or materials supplied.
  • Incorrectly listing the amount owed, including omitting interest or fees.
  • Not including necessary signatures or date of execution.
  • Neglecting to serve the notice to all interested parties.

Benefits of using this form online

  • Convenient download option allows for quick completion and filing.
  • Editable format enables customization to meet specific circumstances.
  • Drafted by licensed attorneys, ensuring legal compliance and accuracy.
  • Easy access to updated forms reflecting current state laws.

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FAQ

Who you are. The services or materials you provided. The last date you provided the services or materials. How much payment should be. The date on which you will file a lien if you do not receive payment. How the debtor should pay.

A statutory lien that exists to secure payment for services, labor, and material related to improvements performed on real property.State statutes creating mechanics' liens vary from state to state. These statutes provide for the criteria and circumstances required for a mechanic's lien to be deemed a super lien.

Note that, since Hawaii mechanics liens must be filed in the circuit court of the circuit where the property is situated, it requires both an Application for Lien , and a Notice of Lien which sets forth the alleged facts by virtue of which the person claims a lien. However, the Application and Notice both must be

Hawaii's Mechanic's and Materialman's Lien statute provides for such remedy. Any person claiming a mechanic's or materialman's lien is required to apply to the circuit court where the property is situated. Such person must submit an Application For a Lien together with a written Notice of Lien.

A lien is a legal right or claim against a property by a creditor. Liens are commonly placed against property, such as homes and cars, so creditors, such as banks and credit unions, can collect what is owed to them. Liens can also be removed, giving the owner full and clear title to the property.

A mortgage creates a lien on your property that gives the lender the right to foreclose and sell the home to satisfy the debt. A deed of trust (sometimes called a trust deed) is also a document that gives the lender the right to sell the property to satisfy the debt should you fail to pay back the loan.

If you have unpaid debt of any kind, this can lead the creditors that you owe money to place a lien on your assets.In other cases, liens may be placed on property by a court order as a result of legal action.

While it's unlikely that just anyone can put a lien on your home or land, it's not unheard of for a court decision or a settlement to result in a lien being placed against a property.

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Hawaii Notice of Mechanic's and Materialman's Lien