§506-4 Interests in recorded mortgages and leases. The mortgage shall operate only as a contract between the parties with respect to, and shall not create a lien upon, any recorded mortgage or lease, unless and until a specific reference to the mortgage or lease in the manner contemplated by section 502-33 is contained in an instrument or affidavit executed by the mortgagor or mortgagee and duly recorded in the bureau of conveyances at Honolulu. [L 1939, c 255, §4; RL 1945, §8875; RL 1955, §196-5; HRS §506-4]
Law Journals and Reviews
Later mortgagee having actual notice of earlier mortgage is not entitled to priority merely because earlier mortgage omitted book and page references required by §502-33. Haw Supp, IV HBJ, no. 3, at 30 (1966).
Case Notes
Ambiguity in mortgage should be resolved against drafter, particularly where interests of a party not privy to the mortgage contract are sought to be encumbered. 62 H. 188, 613 P.2d 1315 (1980).
Structure Hawaii Revised Statutes
506. Mortgages of Real Property or Fixtures
506-1 Lien of mortgages of real property or fixtures; debts secured; priority.
506-2 On what property; enforceability.
506-3 After-acquired real property and fixtures.
506-4 Interests in recorded mortgages and leases.
506-5 Use and possession of mortgaged property.
506-7 Mortgages on real property, damage or destruction of collateral.
506-8 Release of mortgages of real property or fixtures and reassignment of security interests.