Hawaii Revised Statutes 507D-2 – Definitions
Terms Used In Hawaii Revised Statutes 507D-2
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
- Court: means any court described in the laws of the United States or any state. See Hawaii Revised Statutes 507D-2
- Debtor: means a person named as the debtor in a financing statement. See Hawaii Revised Statutes 507D-2
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Financing statement: means a record filed under chapter 490:9. See Hawaii Revised Statutes 507D-2
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lien: means a recorded instrument that creates an encumbrance on or affects title or ownership of property. See Hawaii Revised Statutes 507D-2
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Personal property: All property that is not real property.
- Registrar: means the registrar of the land court or the bureau of conveyances. See Hawaii Revised Statutes 507D-2
- Statute: A law passed by a legislature.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
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. § 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.