Hawaii Lis Pendens Notice

State:
Multi-State
Control #:
US-01067
Format:
Word; 
Rich Text
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Description

A lis pendens is a written notice of a pending lawsuit involving property. Plaintiff files this lis pendens in order to place defendant on notice that a lien is being sought to compel defendants to convey legal title to the described mineral interest based on the fact that the plaintiff has paid to purchase the interest. The form also contains a Certificate of Service stating that the attorney for the plaintiff has forwarded a correct copy of the document by U.S. Mail.
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FAQ

Koiwa argues that Kipahulu Sugar, and cases decided in the 1900s are distinguishable because Hawai'i has since "adopted the [Uniform Commercial Code] which has a six year statute of limitations to bring an action on a promissory note," under HRS § 4-118.

Criminal Statutes of Limitation in Hawaii The length of time for which prosecution proceedings can be commenced for a crime. When statutes of limitation can be extended: an offense with an element of fraud, deception, or breach of fiduciary obligation; within 3 years of discovery, extended up to 6 yrs.

A notice of pendency of action provides constructive notice to purchasers of real estate or encumbrancers of real property of any pending court actions affecting title to or possession of real property and allows those parties to find notice of pending litigation in the recorder's office in which the real property is ...

Hawaii's lis pendens statute provides that ?[i]n any action concerning real property or affecting the title or the right of possession of real property? a notice of pendency of the action may be recorded in the state bureau of conveyances, state court or United States District Court. HRS § 634-51.

The Land Court has exclusive original jurisdiction over all applications for the registration of title to land easements or rights in land held and possessed in fee simple within the State, with power to hear and determine all questions arising upon the applications.

"Pendens" translates as pending, so lis pendens means pending lawsuit or lawsuit pending.

A notice of pendency of action provides constructive notice to purchasers of real estate or encumbrancers of real property of any pending court actions affecting title to or possession of real property and allows those parties to find notice of pending litigation in the recorder's office in which the real property is ...

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Hawaii Lis Pendens Notice