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Hawaii Revised Statutes 634-51 - Recording of notice of pendency of action

Hawaii Revised Statutes > Division 4 > Title 34 > Chapter 634 > Part IV > § 634-51 - Recording of notice of pendency of action

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In any action concerning real property or affecting the title or the right of possession of real property, the plaintiff, at the time of filing the complaint, and any other party at the time of filing a pleading in which affirmative relief is claimed, or at any time afterwards, may record in the bureau of conveyances a notice of the pendency of the action, containing the names or designations of the parties, as set out in the summons or pleading, the object of the action or claim for affirmative relief, and a description of the property affected thereby. From and after the time of recording the notice, a person who becomes a purchaser or incumbrancer of the property affected shall be deemed to have constructive notice of the pendency of the action and be bound by any judgment entered therein if the person claims through a party to the action; provided that in the case of registered land, section 501-151, sections 501-241 to 501-248, and sections 501-261 to 501-269 shall govern.

This section authorizes the recording of a notice of the pendency of an action in a United States District Court, as well as a state court.


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Comments (1) add comment

Ronald: ...

If the litigation is out of state, say Washington State, can a lis pendens be recorded in the Hawaii recorders office related to Hawaii situated property that is the basis of the litigation? Is there case law or other authority on this?

February 27, 2012

Civil Procedure

Hawaii Revised Statutes 634-51 - Recording of notice of pendency of action

Hawaii Revised Statutes > Division 4 > Title 34 > Chapter 634 > Part IV > § 634-51 - Recording of notice of pendency of action

Questions & Answers: Civil Procedure

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U.S. Code Provisions: Civil Procedure