How Do I Get a HOA Lien Released in Hawaii?

Full question:

If time share was foreclosed by HOA, how do you release the Lien initially recorded, when the HOA insists that the Affidavit and recording of the deed is all that is needed to release the lien? We are presently in escrow on another property and it is being jeopardized.

• Category: Real Property
• Subcategory: Foreclosure
• Date: 04/07/2025
• State: Hawaii

Answer:

Recording of the deed and the affidavit should operate to rlease the lien. You might ask them to file a release of lien if there is a problem with assuring the buyer.

Please see the following HI statutes:

[§ 667-38]. Recordation; full satisfaction of debt by
borrower.

The recordation of both the conveyance document and the
affidavit shall operate as full satisfaction of the debt owed
by the borrower to the foreclosing mortgagee even if the
foreclosing mortgagee receives nothing from the sale
proceeds, unless the debt is secured by other collateral, or
except as otherwise provided by law. The debts of other lien
creditors are unaffected except as provided in this part.

[§ 667-33]. Recordation of affidavit, conveyance document;
effect.

(a) The affidavit required under section 667-32 and the
conveyance document shall be recorded at any time after the
public sale is held but not later than forty-five days after
the public sale is held. The affidavit and the conveyance
document may be recorded separately and on different days.
After the recordation, the foreclosing mortgagee shall mail
or deliver a recorded copy to those persons entitled to
receive the public notice of the public sale under
section 667-27(c).

(b) When both the affidavit and the conveyance document are
recorded:

(1) The sale of the mortgaged property is considered
completed;

(2) All persons claiming by, through, or under the
mortgagor and all other persons having liens on the mortgaged
property junior to the lien of the foreclosing mortgagee
shall be forever barred of and from any and all right, title,
interest, and claims at law or in equity in and to the
mortgaged property and every part of the mortgaged property,
except as otherwise provided by law;

(3) The lien of the foreclosing mortgagee and all liens
junior in priority to the lien of a foreclosing mortgagee
shall be automatically extinguished from the mortgaged
property; and

(4) The purchaser shall be entitled to immediate and
exclusive possession of the mortgaged property.

(c) The mortgagor and any person claiming by, through, or
under the mortgagor and who is remaining in possession of the
mortgaged property after the recordation of the affidavit and
the conveyance document shall be considered a tenant at
sufferance subject to eviction or ejectment. The purchaser
may bring an action in the nature of summary possession under
chapter 666, ejectment, or trespass or may bring any other
appropriate action in a court where the mortgaged property is
located to obtain a writ of possession, a writ of assistance,
or any other relief. In any such action, the court shall
award the prevailing party its reasonable attorney's fees and
costs and all other reasonable fees and costs, all of which
are to be paid for by the non-prevailing party.

[§ 667-40]. Use of power of sale foreclosure in certain
non-mortgage situations.

A power of sale foreclosure under this part may be used in
certain non-mortgage situations where a law or a written
document contains, authorizes, permits, or provides for a
power of sale, a power of sale foreclosure, a power of sale
remedy, or a nonjudicial foreclosure. These laws or written
documents are limited to those involving time share plans,
condominium property regimes, and agreements of sale.